Posted on Jan 25, 2019
Was there anything I could have done to prevent loss of rank and being unable to re-enlist due to gundecking?
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I was being trained to do maintenance on a 76mm gun mount and system when I was instructed to sign for the maintenance by my trainer. Later I was accused of gundecking because my signature was on the maintenance log. Due to this, I lost my rank and rate and was transferred to another department. This led to me only putting in 5 years instead of the hopeful 20 due to losing rank and not meeting the rank needed to reenlist. Was there anything I could have done to prevent the outcome?
Posted >1 y ago
Responses: 4
If you are not looking to re-enlist, and just want your rank back, when did this occur and what do you hope to gain in getting your rank back? I only ask because I don't see much of a difference for you having a honorable discharge already. And no one can take away the fact that you did hold a higher rank. As some have already stated, you can petition the BCNR (the Army has a similar system--ABCMR), and the worst they can do is deny it. If you can find some guys you served with that can back up your story and are willing to do sworn statements, that is usually a good route to go with those board reviews.
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SN James Kang Then I agree with the other recommendation, the corrections boards for the branches are usually the only ones who can change records once you are out. I don't know what the website for the Navy one is but I am sure you can google it like the Army one. I stand by what I said though, get at least two sworn statements (if you can) to make your case stronger. Otherwise it might be difficult to prove.
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SN James Kang
CW3 (Join to see) if I cant get to sworn statements, what is the possibility of getting approval to get reinstated to PO3?
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SN James Kang Getting "reinstated" to me means coming back in. That means your re-enlistment code on your DD 214 must allow it. If not, you might still need to goto the corrections board to get that changed and/or work with a recruiter. Otherwise, as I said, as far as I know those records corrections boards in every branch are the only ones I know they can change/modify military records once a service member is out. If you are serious, contact them. See what your options are. It also couldn't hurt to see if you can get any advice from a Navy JAG counsel. Another option is becoming a reservist or National Guardsman (again, if a recruiter for those can get you in under your particular RE code). So you could gain your rank back serving part time.
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PO3 Samantha Knight
Getting advice from a Navy JAG is your best bet since the paper trail is working against you. Getting an unfavorable reenlistment code could be addressed with the Navy JAG as well, if only for directions on how to change it. I got out with an honorable discharge with an unfavorable reenlistment code, and the recruiters I tried working with wouldn't touch it with a 10-ft. pole. But other than that, it didn't touch anything in my civilian career. I wish you luck in this situation, you sound young, so from an older woman to a younger person: Please, please, please never put your signature on anything you are unsure of. Doing so says whatever you are signing for has happened. I would rather get in trouble for not putting my signature on something then giving it. Please keep us posted on how this turns out for you, and I wish you all the luck!
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I don't see any recourse unless you can provide evidence that you performed the maintenance. If you can prove it, you have nothing to lose by submitting an application to the Board For Correction of Naval Records (BCNR). It's a DD Form 149 if I remember correctly.
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SN James Kang
I cant prove that I did the maintenance because I was being trained and the trainer told me to sign it. When I got UCMJ/NJP, the trainer never stepped forward and admitted to having me sign the maintenance log. A BMC was the one who called me out on it when they had me point out any and all different houses and wires.
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I do not know what "gundecking" is; However you can appeal what happened to you to BCNR (Board of Correction of Navy Records), and if they approve your request that can reinstate you grade and change your RE code.
What is your RE code by the way?
What is your RE code by the way?
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SN James Kang
I believe my RE code is 3R. But it's too late for me to reenlist but I would like to get my rank back at least. If i decided to appeal with BCNR, would you be able to assist/guide me?
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SPC Chris Ison
Sorry no. I have never had to petition BCNR.
Honestly, all you have is your statement, and i do not think that would be enough.
Why is it too late for you to reenlist? A 3r code is probably easily overcome.
RE-3R – Not meeting the professional growth criteria (See reference (b) 1160-030).
This means you were an E-3 at or past the four year mark, i recall you said you were in for 5 years. That makes complete sense to me.
Max active duty time for an E-3 is 6 years.
You can enlist up to like age 44 (with 5 years active) in the national guard. and a 3r code means nothing.
being rated by the VA doesn't bar enlistment in a reserve unit either.
Honestly, all you have is your statement, and i do not think that would be enough.
Why is it too late for you to reenlist? A 3r code is probably easily overcome.
RE-3R – Not meeting the professional growth criteria (See reference (b) 1160-030).
This means you were an E-3 at or past the four year mark, i recall you said you were in for 5 years. That makes complete sense to me.
Max active duty time for an E-3 is 6 years.
You can enlist up to like age 44 (with 5 years active) in the national guard. and a 3r code means nothing.
being rated by the VA doesn't bar enlistment in a reserve unit either.
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Did you receive non-judicial punishment (NJP/Article 15)? Did you accept it? To lose rank there has to be some sort of UCMJ action. If it had been me and I knew I did nothing wrong, I would have declined the Article 15 and requested a court martial where it no doubt would have been thrown out due to lack of evidence (or a higher level Commander may have even squashed it before it went that far--I've seen that happen) if what you say is true. If you aren't guilty, you shouldn't just accept the punishment unless its a "sumary Article 15" and you are E4 or below. In those circumstances, it may be wise (sometimes) to just accept a punishiment as to not piss off a Commander just because its usually a mild punishiment and will get removed from your record. However, any other circumstances, don't accept a punishment for something you didn't do. If you ever have a question on your rights (including your Article 31 rights), you can always contact your JAG office, that is what they are there for.
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SPC Chris Ison
CW3 (Join to see) -
Nonjudicial Punishment/Article 15 Overview
Nonjudicial punishment’s name is drawn from the authorizing statute – Article 15, UCMJ. It is known by different names in different services: “Article 15,” “NJP,” and “Captain’s Mast” are among the most common. When the service member is “offered” an Article 15 action, the commander is notifying the member that he or she believes the member has committed one or more offenses under the UCMJ. Additionally, he or she is presenting the member with a choice: whether or not to “accept” the Article 15. Except under limited circumstances, service members have the right to refuse or “turn down” an Article 15 and demand trial by court-martial. Also except under limited circumstances, members have the right to consult with counsel before making this election. Most of these rules vary by service.
Notice the final line says: Most of these rules VARY by service.
https://jagdefense.com/practice-areas/non-judicial-punishmentarticle-15/
Asian you think that because you are AN OFFICER, you know everything. *I* am not taking it personally, i could give a rats ass. As *I* said i was giving you an opportunity to broaden your horizon's.
I mentioned the promotion cycle in my original post because it is possible to remove a rank in the navy if the rank is FROCKED, without any NJP as it is a personnel action. The way the navy works as far as personnel actions go is much different than the army. That is why in the navy you can only be busted ONE pay grade, regardless of rank and who is giving the article 15, only a courts martial in the navy can reduce you to "the lowest enlisted grade".
And as I said their are no "company" grade article fifteens.
A Lt (O-3) in the navy in command of a surface vessel, a patrol boat like the USS Hurricane, is a captain by virtue of his position, and has all the rights and privileges of that station, he is not a company officer he is a ships captain, and has the authority to promote to E-4 to E-6.
AND THAT is the PERSONNEL issue you don't understand, which is what makes the process in the Navy for non judicial punishment different than the army, air force, or marine corps.
Nonjudicial Punishment/Article 15 Overview
Nonjudicial punishment’s name is drawn from the authorizing statute – Article 15, UCMJ. It is known by different names in different services: “Article 15,” “NJP,” and “Captain’s Mast” are among the most common. When the service member is “offered” an Article 15 action, the commander is notifying the member that he or she believes the member has committed one or more offenses under the UCMJ. Additionally, he or she is presenting the member with a choice: whether or not to “accept” the Article 15. Except under limited circumstances, service members have the right to refuse or “turn down” an Article 15 and demand trial by court-martial. Also except under limited circumstances, members have the right to consult with counsel before making this election. Most of these rules vary by service.
Notice the final line says: Most of these rules VARY by service.
https://jagdefense.com/practice-areas/non-judicial-punishmentarticle-15/
Asian you think that because you are AN OFFICER, you know everything. *I* am not taking it personally, i could give a rats ass. As *I* said i was giving you an opportunity to broaden your horizon's.
I mentioned the promotion cycle in my original post because it is possible to remove a rank in the navy if the rank is FROCKED, without any NJP as it is a personnel action. The way the navy works as far as personnel actions go is much different than the army. That is why in the navy you can only be busted ONE pay grade, regardless of rank and who is giving the article 15, only a courts martial in the navy can reduce you to "the lowest enlisted grade".
And as I said their are no "company" grade article fifteens.
A Lt (O-3) in the navy in command of a surface vessel, a patrol boat like the USS Hurricane, is a captain by virtue of his position, and has all the rights and privileges of that station, he is not a company officer he is a ships captain, and has the authority to promote to E-4 to E-6.
AND THAT is the PERSONNEL issue you don't understand, which is what makes the process in the Navy for non judicial punishment different than the army, air force, or marine corps.

Company Grade Article 15 | Nonjudicial Punishment Defense | JAG Defense
If you have been offered nonjudicial punishment, we encourage you to contact JAG Defense at 877-222-4199 for a free consultation.
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SPC Chris Ison - I don't know what is more amusing, the fact that you quote the website jagdefense.com (not a government site) to try to look smart, or the fact that, once again, you have said nothing of substance (or anything proving what I stated early was wrong as you so broadly claimed). What I said still stands and is 100% accurate regarding Article 15's, and I don't need someone who clearly has a much higher opinion of himself than he should to tell me otherwise. Bottom line: You are a wrong, and obviously have no experience in the matter (your profile along with your need to copy info from a website only further proves that). And, I *NEVER* said the Navy had summary OR company grade Article 15's (also those are two different things). I was using them as a reference point while still clarifying the Navy has different procedures and terminology, however, you want to continue arguing a point that was never made.
This portion of RallyPoint is about helping other servicemembers and veterans, but now you have taken it upon yourself to act disrepectful and troll me for no reason it seems other than to do it.
And no, for the record, I *DO NOT* think because I am an officer that I "know everything." However I do think that someone who only attained the rank of E4, who was in the Navy for maybe 4 years back in the late 80s/early 90s, with absolutely no job related to legal/criminal/UCMJ action whatsoever (according to your own profile) shouldn't have such a big mouth.
By the way: I am not just an officer smart ass, I am Warrant Officer (i.e. technical expert) and I was an E7 before that. And (unlike you) my job is thoroughly linked with the need to understand the UCMJ intimately. I don't need to google "Article 15" or cut & paste snippets from a non-official JAG website to prove that either.
Now, I am Glad you are no longer serving, leading you to think it now somehow enables you to get on a veteran social media platform like this and disrespect me from the safety of your keyboard. But I remind you, there are a lot of vets/currently serving members of the military on here besides me. You were the one that took it upon yourself to immediately slam me when I was simply trying to get some more information from a vet asking for advice (and without knowing anything about me--so again--talking out of your ass). That is what started this, and people here notice.
So feel free to continue being a disrespectful POS trolling vets who are just trying to help out other vets. See how far that gets you on RallyPoint.
This portion of RallyPoint is about helping other servicemembers and veterans, but now you have taken it upon yourself to act disrepectful and troll me for no reason it seems other than to do it.
And no, for the record, I *DO NOT* think because I am an officer that I "know everything." However I do think that someone who only attained the rank of E4, who was in the Navy for maybe 4 years back in the late 80s/early 90s, with absolutely no job related to legal/criminal/UCMJ action whatsoever (according to your own profile) shouldn't have such a big mouth.
By the way: I am not just an officer smart ass, I am Warrant Officer (i.e. technical expert) and I was an E7 before that. And (unlike you) my job is thoroughly linked with the need to understand the UCMJ intimately. I don't need to google "Article 15" or cut & paste snippets from a non-official JAG website to prove that either.
Now, I am Glad you are no longer serving, leading you to think it now somehow enables you to get on a veteran social media platform like this and disrespect me from the safety of your keyboard. But I remind you, there are a lot of vets/currently serving members of the military on here besides me. You were the one that took it upon yourself to immediately slam me when I was simply trying to get some more information from a vet asking for advice (and without knowing anything about me--so again--talking out of your ass). That is what started this, and people here notice.
So feel free to continue being a disrespectful POS trolling vets who are just trying to help out other vets. See how far that gets you on RallyPoint.
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SPC Chris Ison
Yeah, At this point I am done. again you insist *I* am somehow attacking you, when it was you who attacked me. Your pettiness shows what kind of "officer" you are.
I never said you were wrong about:
Having to consent to an article 15; I said the consent that is given is given at the XO's interview, not at the actual article 15.
I also stated that their are no SUMMARY article 15's in the Navy, as there are no company level article 15's.
I also told you that the navy has the practice of promoting people in name only, and as long as the DOD has not starting paying you for your rank, you can have that rank removed by a simple personnel action, and this is true for any enlisted grade of E-6 and below.
And that the punishments are different in the Navy.
That is all i said.
Navy promotions at the E4-6 level are CENTRALIZED, with commanding officers only having the ability to summarily promote 2 people per promotion cycle.
You are the one who is fucking butthurt over the fact that
1. a specialist told you your fucking wrong and
2. that a specialist has "disrespected you".
Here are the quotes to prove the point:
I don't need someone who clearly has a much higher opinion of himself than he should to tell me otherwise.
I have every fucking right in the world to have a high opinion of myself. I have a masters degree in Urban Planning and I am working on PhD in Religious studies. I have raised 7, 3 of whom are step children, children 1 and OIF veteran, the other 2 currently serving. I am currently comfortably retired. And what have you accomplished? Spent your fucking life in the military industrial complex welfare program I bet.
Bottom line: You are a wrong, and obviously have no experience in the matter (your profile along with your need to copy info from a website only further proves that).
Again you are wrong i have had 2 article 15's in my life, and i have also faced, and won, against an admin board. The only article 15 i lost was the first one, because i did not understand what was going on, after that I LEARNED. See the Navy, specifically, but the military services, in general, all make all information PUBLIC, i read everything i could that would help me when i went to my admin board. That is why I walked off active duty with an HONORABLE discharge, and not an OTH which is what my command was asking for.
This portion of RallyPoint is about helping other service members and veterans, but now you have taken it upon yourself to act disrespectful and troll me for no reason it seems other than to do it.
All you had to do when i said this is how the navy does it is say: Thank you very much, i did not know that. And just left it at that, but you couldn't because it is not in your nature to not think an E-4 is somehow less smart about shit than you.
this is some type of veiled threat:
Now, I am Glad you are no longer serving, leading you to think it now somehow enables you to get on a veteran social media platform like this and disrespect me from the safety of your keyboard.
I have served on, on the ground, in two combat tours jack ass, don't think you are somehow better than me at taking a life.
Finally, this particular problem was not solved by you because you did not refer said veteran to the Board of Corrections of Naval Records.
Nice try, asshole. (now you have been insulted.)
I never said you were wrong about:
Having to consent to an article 15; I said the consent that is given is given at the XO's interview, not at the actual article 15.
I also stated that their are no SUMMARY article 15's in the Navy, as there are no company level article 15's.
I also told you that the navy has the practice of promoting people in name only, and as long as the DOD has not starting paying you for your rank, you can have that rank removed by a simple personnel action, and this is true for any enlisted grade of E-6 and below.
And that the punishments are different in the Navy.
That is all i said.
Navy promotions at the E4-6 level are CENTRALIZED, with commanding officers only having the ability to summarily promote 2 people per promotion cycle.
You are the one who is fucking butthurt over the fact that
1. a specialist told you your fucking wrong and
2. that a specialist has "disrespected you".
Here are the quotes to prove the point:
I don't need someone who clearly has a much higher opinion of himself than he should to tell me otherwise.
I have every fucking right in the world to have a high opinion of myself. I have a masters degree in Urban Planning and I am working on PhD in Religious studies. I have raised 7, 3 of whom are step children, children 1 and OIF veteran, the other 2 currently serving. I am currently comfortably retired. And what have you accomplished? Spent your fucking life in the military industrial complex welfare program I bet.
Bottom line: You are a wrong, and obviously have no experience in the matter (your profile along with your need to copy info from a website only further proves that).
Again you are wrong i have had 2 article 15's in my life, and i have also faced, and won, against an admin board. The only article 15 i lost was the first one, because i did not understand what was going on, after that I LEARNED. See the Navy, specifically, but the military services, in general, all make all information PUBLIC, i read everything i could that would help me when i went to my admin board. That is why I walked off active duty with an HONORABLE discharge, and not an OTH which is what my command was asking for.
This portion of RallyPoint is about helping other service members and veterans, but now you have taken it upon yourself to act disrespectful and troll me for no reason it seems other than to do it.
All you had to do when i said this is how the navy does it is say: Thank you very much, i did not know that. And just left it at that, but you couldn't because it is not in your nature to not think an E-4 is somehow less smart about shit than you.
this is some type of veiled threat:
Now, I am Glad you are no longer serving, leading you to think it now somehow enables you to get on a veteran social media platform like this and disrespect me from the safety of your keyboard.
I have served on, on the ground, in two combat tours jack ass, don't think you are somehow better than me at taking a life.
Finally, this particular problem was not solved by you because you did not refer said veteran to the Board of Corrections of Naval Records.
Nice try, asshole. (now you have been insulted.)
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Oh really, all I had to do was kowtow to you and everything would have been okay? Wow, you really are some kind of jackass. No thanks. I am not going to just thank you for being disrespectful, telling me that I am wrong without knowing anything about current procedures on the matter, and when I know for a fact you have no clue what you are talking about (which you admitted by stating your knowledge comes from some Article 15's you got yourself--likely about 2 decades ago if your service dates are correct). It has nothing to do with you being an E4. I have engaged with plenty of E4's (and below) on RP who have taught me things. You, on the other hand, come off as a "know it all" who likes to troll others.
With that, just so you know, I give exactly two shits about you. In fact, the only reason I am even engaging with you is because I have time, and its mildly entertaining (which is quicky evaporating). Quite frankly, you sound like an arrogant piece of trash.
Now, I am so glad that you had a few Article 15's in your life (no doubt part of the reason you never made rank above E4 through two different branches) which some how makes you think you are an expert on the matter (kind of like a has-been criminal thinking he is an expert on current law enforcement procedures). Surely my years of experience on the other side of Article 15's (and obviously more current information than yours) doesn't compare. This is sarcasm by the way. Also, your college degrees mean shit to me. Yeah I have a few of those too, but I also know guys with no college degrees much smarter than you or I. And, I doubt any of your degree coursework covered Article 15's (or UCMJ law for that matter). Guess what? MINE DID.
Let's see, what other nonesense did you write? No I did not spend my life in the military. I am still in, but now as a reservist. Why? Because I enjoy serving, and unlike you, I am good at my job. If you must know I currently work in law enforcement and am also a forensic scientist. Once again, you repeatedly make comments that make you sound like an idiot, because you automatically assume you are smarter than a person you just met.
And, actually, I did eventually refer him to the corrections board in a different thread after I got the information I was previously trying to get. I didn't state it here because of you.
Finally, you didn't insult me (because you don't have the ability). I just recognize a troll when I see one and enjoy calling them out. Have a nice day, prick.
With that, just so you know, I give exactly two shits about you. In fact, the only reason I am even engaging with you is because I have time, and its mildly entertaining (which is quicky evaporating). Quite frankly, you sound like an arrogant piece of trash.
Now, I am so glad that you had a few Article 15's in your life (no doubt part of the reason you never made rank above E4 through two different branches) which some how makes you think you are an expert on the matter (kind of like a has-been criminal thinking he is an expert on current law enforcement procedures). Surely my years of experience on the other side of Article 15's (and obviously more current information than yours) doesn't compare. This is sarcasm by the way. Also, your college degrees mean shit to me. Yeah I have a few of those too, but I also know guys with no college degrees much smarter than you or I. And, I doubt any of your degree coursework covered Article 15's (or UCMJ law for that matter). Guess what? MINE DID.
Let's see, what other nonesense did you write? No I did not spend my life in the military. I am still in, but now as a reservist. Why? Because I enjoy serving, and unlike you, I am good at my job. If you must know I currently work in law enforcement and am also a forensic scientist. Once again, you repeatedly make comments that make you sound like an idiot, because you automatically assume you are smarter than a person you just met.
And, actually, I did eventually refer him to the corrections board in a different thread after I got the information I was previously trying to get. I didn't state it here because of you.
Finally, you didn't insult me (because you don't have the ability). I just recognize a troll when I see one and enjoy calling them out. Have a nice day, prick.
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