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

(1) Next higher authority above reduction authority for grades SSG and below.(2) The first general officer in the chain of command above the reduction authority for grades SFC through CSM.f. The appellate authority will direct restoration to the former grade if the reduction under rule 1 was erroneous. If itis determined that another rule in table 10–2 is applicable, the appellate authority will direct that action be takenaccording to the appropriate rule of table 10–2. The DOR for Soldiers restored to a former grade will be the same asthe DOR prior to the reduction.g. .If the appellate authority determines that the reduction will be changed on equitable grounds, restoration to theformer grade or to any intermediate grade will be directed. Restorations will be effective as of the date of the order.DOR for Soldiers restored to former grade will be the same as DOR prior to reduction. DOR for Soldiers restored to anintermediate grade will be the same as the date of the order directing restoration.h. If the appellate authority determines that the reduction meets the requirements of this regulation and need not bechanged on equitable grounds, the appeal will be denied.i. Soldiers submitting appeals will be informed, in writing, of the decision. A copy of the appeal and the final actionwill be provided to the custodian of the Soldier’s MPF.j. Authority to take final action on an appeal may not be delegated.Section VIReduction Orders and Restoration to Former Grade10–12. Reduction ordersa. Reduction, except for UCMJ, Art. 15, is announced in orders.(1) Orders will be in the format authorized by AR 27–10 or AR 600–8–105.(2) For orders published by a higher HQ, that CDR may review or make a final decision on an appeal. Reduction bysentence of court-martial is announced in appropriate court-martial orders. No other orders are required.b. When an Article 15 reduction is accomplished for misconduct and the Article 15 was directed to be filed on therestricted portion of the OMPF, a DA Form 4187 will be prepared by the BN HR for permanent filing in the MPF tosubstantiate the reduction. The DA Form 4187 will not contain the reason for the Article 15. The DA Form 4187 willbe removed and forwarded to OMPF when the Soldier is promoted to SGT or higher.c. Reduction orders will cite the reason for reduction (such as inefficiency or failure to complete training) and theauthority for the action. When a reduction is for misconduct under UCMJ, a DA Form 2627 (Record of Proceedingsunder Article 15,UCMJ) is prepared per AR 27–10. When reduction is for other than misconduct or misconduct basedon civil conviction, the orders will cite the reason, authority, and the appropriate paragraph.10–13. Effective date of reductionA reduction will be effective as follows:a. Reduction by court-martial. An enlisted Soldier who has been sentenced by a court-martial to a reduction in gradeis not reduced until—(1) The record of trial has been prepared and authenticated.(2) Any appropriate legal review has been completed.(3) The convening authority has approved and ordered the sentence to reduction executed (UCMJ, Art 57(c)).b. Operation of law. An enlisted Soldier, serving in a grade above PV1, with an approved court-martial sentenceincluding a bad conduct or dishonorable discharge, confinement, or hard labor without confinement is reduced on thedate the convening authority approves the sentence (UCMJ, Art. 58(a)).c. Nonjudicial punishment. If not suspended, the punishment is effective the date the commander imposing thepunishment signed below Item 4 of DA Form 2627 (Record of Proceedings Under Article 15, UCMJ). If a suspensionof the rank reduction is vacated, the reduction effective date in the grade to which the Soldier was reduced as a resultof the vacation action is the date the punishment was originally imposed, not the date the suspended punishment wasvacated.d. Failure to complete training. The date the student is officially informed of failure in writing.e. Determinations. Reduction board determinations are effective on the date approved by the convening authority.f. All other cases. Reductions are effective on the date the Soldier receives written notification or if the Soldier isnot available due to personal convenience or through neglect, on the date written notice is received at his or her properstation.10–14. Restoration to former gradeGrade restoration may result from—a. Setting aside, mitigation, or suspension of nonjudicial punishment. Procedure and means of restoring grades andannouncing these actions are set forth in AR 27–10.b. Action under UCMJ, Art. 58a(b) or 75. All rights, privileges, and property deprived a Soldier who fulfilled a148 AR 600–8–19 • 20 March 2008/RAR 28 December 2009