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

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court-martial sentence will be restored when the reduction sentence, or other sentence resulting in reduction underArticle 58a(a), UCMJ, is set aside or disapproved. A CDR authorized to promote to a higher grade may—(1) Restore grade under UCMJ, Article 58a(b) or 75a.(2) Direct the <strong>Soldier</strong> to be promoted one grade higher than the one held before his or her reduction, if he or shewould have attained the higher grade had he or she not been tried <strong>and</strong> convicted by a court-martial. These orders willbe issued under AR 600–8–105.c. Reversal of conviction by a civil court.(1) If conviction by a civil court is reversed for a <strong>Soldier</strong> reduced, he or she—(a) Will be restored to the grade from which reduced.(b) May be promoted to the next higher grade if the CDR having promotion authority for that grade determines thathe or she was denied promotion because of the conviction.(2) A reversal of conviction is annulling or voiding of a court judgment by the same or a higher court of competentjurisdiction because of error or irregularity in proceedings. This does not include instances which, under local law orprocedure, a conviction allegedly is set aside to rehabilitate or parole. If a conviction is reversed <strong>and</strong> a new trial isordered, the <strong>Soldier</strong>’s grade will be restored. He or she may be reduced because of a later conviction resulting from anew trial.d. Action under table 10–2, rules 6 through 11. DOR for <strong>Soldier</strong>s restored to former grade will be the same as theoriginal DOR for that grade. Effective date of restoration will be the date the reduction authority is notified of thesentence or change in sentence.e. Voluntary reduction. A <strong>Soldier</strong> who was reduced voluntary may be restored to his or her former grade under theconditions cited below provided the <strong>Soldier</strong> is in a promotable status per paragraph 1–10.(1) The DOR of the grade to which restored will be adjusted to reflect the previous period served in the grade towhich restored. The effective date of the restoration will be the date of the promotion order restoring the grade.(2) Grade restoration is authorized only when the <strong>Soldier</strong> is assigned to—(a) An Army Reserve Control Group other than AGR or IMA, or the St<strong>and</strong>by Reserve (Active Status List) onrelease from active duty or a Selected Reserve assignment.(b) The Retired Reserve.(c) A TPU/ARE/multicomponent unit or IMA position authorized the <strong>Soldier</strong>s former grade or higher.(d) The Selected Reserve (TPU, AGR, or IMA) or the IRR or St<strong>and</strong>by Reserve (Active Status List) <strong>and</strong> has beenpromoted to his or her former grade as a result of promotion board selection.f. <strong>Soldier</strong>s who are voluntarily reduced under the provisions in paragraph 1–30e will not be authorized graderestoration under this chapter.Section VIIOther Reasons for Reduction10–15. Approved for discharge from the service under other than honorable conditionsa. When the separation authority determines that a <strong>Soldier</strong> is to be discharged from the Service under other thanhonorable conditions, the <strong>Soldier</strong> will be reduced to the lowest enlisted grade. Further board action is not required forthis reduction.b. If discharge is approved under other than honorable conditions, but is suspended (AR 635–200, para 1–27) (AR135–178, para 2–5 for USAR), the <strong>Soldier</strong> will not be reduced under this paragraph.10–16. <strong>Reductions</strong> for failure to complete training<strong>Soldier</strong>s appointed to higher grades on entering or while attending a service or civilian school <strong>and</strong> fail to complete thecourse successfully may be reduced as shown in table 10–5.AR 600–8–19 • 20 March 2008/RAR 28 December 2009149

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