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

Table 10–4Conducting reduction boardsStep Work center Required action1 UNIT Request preparation of reduction packet for inefficiency.2 BN HR Prepare notification documents and provide to the CDR.3 UNIT Notify Soldier, in writing, of intent to reduce for inefficiency. Cite specific reasons.4 SOLDIER Acknowledge receipt, by endorsement and provide any pertinent matters in rebuttal.5 UNIT Render determination to reduce (CPL or SPC and below). Forward packet to BN HR for appropriateaction.6 BN HR Determine need for reduction board.7 Conduct reduction board. (SGT - SGM)8 Forward results of board to appeal authority if applicable.9 Submit all applicable GRCH transactions.10 Forward finalized case to promotion work center.11 PROM Receive reduction packet from BN HR.12 ENRC Update records.13 Forward packet to HRC–Indianapolis (HRC–St. Louis for USAR) for filing in the OMPF if applicable.Section VSoldier Rights and Appeal Policy10–10. Rights of the Soldiera. Failure of the Soldier to exercise the right to counsel will not negate the board’s proceedings, findings, and/orrecommendations.b. A Soldier may decline, in writing, to appear before the board or may appear in person with or without counsel atall open proceedings. The Soldier will respond, in writing, within 7 duty days (30 calendar days for TPU) of notice bythe reduction authority stating his or her desire to appear, or not appear, before a reduction board.c. The Soldier may retain a civilian lawyer at no expense to the Government. If not represented by a civilian lawyer,the Soldier may request the appointment of a named judge advocate, a detailed judge advocate, appointment of anamed military counsel, or a detailed military counsel.d. The Soldier will be advised by the board president of the nature of the action being contemplated, the impact ofsuch action on continued military service, and the right to request counsel (if the Soldier is not aware of his or her rightto counsel).e. The Soldier may challenge any board member for cause.f. The Soldier may request any reasonably available witness whose testimony is believed to be pertinent to the case.The Soldier will explain the nature of the information the requested witness will provide.g. The Soldier may submit written affidavits and depositions of witnesses who are unable to appear before theboard.h. The Soldier may employ provisions of UCMJ, Art. 31, or submit to an examination by the board.i. The Soldier or counsel may question any witness appearing before the board.10–11. Appealsa. Appeals of reduction for failure to complete training are not authorized.b. Appeals of reduction under rule 1, table 10–2, are authorized but only to correct an erroneous reduction (forexample, the reduction action did not meet the requirements of the rule and was therefore without a sufficient basis).c. Appeals of reduction for inefficiency or for misconduct under table 10–2, other than rule 1, are authorized tocorrect an erroneous reduction on equitable grounds. This will be based on the facts and circumstances of the particularcase that partial or full restoration of grade is in the best interest of the Army and the Soldier.d. Authorized appeals will be submitted in writing within 30 duty days (30 calendar days for TPU) of the date ofreduction or date of memorandum notifying Soldier that he or she will be restored to the former grade (table 10–2,rules 7, 9, 11, and 13). A copy of the appeal and all related documentation will be forwarded to the officer authorizedto take action on the appeal.e. Final action on appeals will be taken by the—AR 600–8–19 • 20 March 2008/RAR 28 December 2009147