Enlisted Promotions and Reductions - Soldier Support Institute - U.S. ...

(2) A control copy of the UCMJ, Art. 15, will be maintained at battalion level and verified by the BN HRsupervisor when a reduction transaction is required to be submitted.(3) Only those UCMJ, Art. 15, cases containing forfeitures will be forwarded to finance.10–2. Reduction authorityReduction authorities are listed in table 10–1.Table 10–1Reduction authoritiesGrade reduced fromSPC/CPL and belowSGT/SSGSFC, MSG, SGMReduction authorityCompany, troop, battery, and separate detachment CDRs.Field grade CDRs of any organization authorized an LTC or higher grade CDR. For separatedetachments or companies, the reduction authority will be the next higher headquarters withinthe chain of command. The higher headquarters must be authorized a CDR in the grade of LTCor higher.CDRs of organizations authorized a CDR in the grade of COL or higher. For separate detachmentsor companies, the reduction authority will be the next higher headquarters within thechain of command. The higher headquarters must be authorized a CDR in the grade of COL orhigher.Section IIReduction for Misconduct10–3. Rulesa. A Soldier convicted by a civil court (domestic or foreign) or adjudged a juvenile offender by a civil court(domestic or foreign) will be reduced or considered for reduction according to table 10–2. Juvenile offender includesadjudication as a juvenile delinquent, wayward minor, or youthful offender.b. On receipt of documents establishing a sentence (imposed or vacation of a suspended sentence) or a finding ofguilty with sentence to be established at a later date, action will be taken according to appropriate rule shown in table10–2. A Soldier may be reduced even though an appeal is pending or has been filed.c. When a reduction board is required, it will convene after receipt of documentary evidence and before separationor retention is considered (AR 635–200) unless the Soldier waives it in writing.d. CDRs will publish orders and enter the reduction in the military records of the Soldier. The authority forreduction will be the appropriate rule from table 10–2 and will be cited in the order. The Soldier will be notified, inwriting, of the right to appeal the reduction. The written notification will include the time limits and procedures for anappeal.e. If the conviction is reversed, the Soldier will be restored to the former grade.f. If the sentence is modified or reassessed (by appellate court or otherwise), action will be taken according to rule 6,7, 8, or 9 of table 10–2, and the Soldier will be notified in writing of the decision.g. If a Soldier is reduced prior to sentencing and the sentence as imposed is less severe than the penalties listed inthe rule under which Soldier was reduced, action will be taken according to rule 10, 11, 12, or 13 as appropriate. TheSoldier will be notified, in writing, of this decision.h. For UCMJ, Art. 15, see AR 27–10. Soldiers in the grades SFC through CSM may not be reduced under thisprovision. For court-martial, see Manual for Courts-Martial (MCM) 2005.AR 600–8–19 • 20 March 2008/RAR 28 December 2009141