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

to a named individual before a reduction board if there has been a failure to object or otherwise bring the error to theattention of the president of the board. Accordingly, errors described in the “substantial errors” above to which anindividual or his or her counsel or other representative fail to bring to the attention of the president of the board may betreated as a harmless error.10–8. Rulesa. A Soldier who is to appear before the board will be given at least 15 duty days written notice before the date ofthe hearing. The Soldier or his or her counsel must have time to prepare the case.b. If the Soldier requests counsel, the convening authority will determine if either of the following is appropriate:(1) Military counsel is reasonably available.(2) If a judge advocate is available, the request is forwarded to the local Trial Defense Service official for necessaryaction.c. Determinations as to the availability of judge advocates will be accomplished by the requested individual’s TrialDefense Service supervisory official.d. Determinations as to the availability of judge advocates or named counsel are final.e. Notification of a board hearing date will be made only after counsel is available as requested by the Soldier.f. The recorder will, on request of the individual or his or her counsel, arrange for the presence of any reasonablyavailable witness or witnesses he or she desires to call on their behalf.g. Copies of all written affidavits and depositions of witnesses who are unable to appear before the board will befurnished the individual or his or her counsel as appropriate.h. The president of the board will ensure that enough testimony is presented to enable the board members to—(1) Fully and impartially evaluate each case.(2) Be objective in their deliberations.(3) Arrive at a proper recommendation.(4) Consider those abilities and qualities required and expected of a Soldier of that grade and experience. An NCOis expected to maintain high standards of conduct.(5) Determine the best interests of the Army. Consideration of prior years of faithful service, while commendable,will not be overriding.i. AR 15–6 does not apply.j. The board may recommend reduction of one or more grades, retention of current grade, or reassignment in grade.k. A retention in current grade recommendation may include a recommendation that the Soldier be removed from anHQDA or a recommended list.l. The board may not recommend lateral appointment.m. A majority of the appointed members of the board will constitute a voting quorum and must be present at allsessions.n. The convening authority may approve or disapprove any portion of the recommendation of the board. Theconvening authority may not increase the severity of the board’s recommendation.o. Approved reduction recommendations are effective immediately without regard for appeal procedures unlesssuspended by the convening authority. In the instance of reduction for inefficiency, the convening authority may directsuspension of the reduction for a period not to exceed 6 months. If the suspension is not vacated during this period,reduction may be only accomplished by convening a new reduction board.p. A recommendation to remove a Soldier from an HQDA recommended list will be forwarded by the conveningauthority to either the GCMCA or to the first Army general officer CDR who has a judge advocate or a legal advisoravailable.q. The GCMCA or Army general officer CDR with a judge advocate or legal advisor available will review theproceedings and take final action thereon.(1) If the recommendation to remove the Soldier from the recommended list is approved, the approving authoritywill notify CDR, HRC–Alexandria, (AHRC–MSP–E)(HRC–St. Louis or RRC for USAR). HRC–Alexandria willadministratively remove the Soldier from the recommended list.(2) If the approving authority does not concur with the recommendation, the action will be returned throughcommand channels to the convening authority with the reason for disapproval.r. If a civil conviction is reversed, the Soldier will be restored to the grade from which reduced.10–9. StepsThe steps for conducting a reduction board are listed in table 10–4.146 AR 600–8–19 • 20 March 2008/RAR 28 December 2009