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Nov. 7th, 2011

My Googleing is failing right now so I figured I'd turn to you guys:

This is for the Army, for starters, but depending on the answer this might apply to other branched. Is there any regulation on a rehabilitation transfer when an NCO gets knocked down to a junior enlisted following a field grade Article 15? The person in question went from E-5 to E-4, as well as received 45 days extra duty and is being told that until that is completed, they cannot be transferred to another company or battalion. What I'm being told by everyone else is that they're supposed to be moved immediately upon the reduction in rank so that they're not working with the same people that they previously were in charge of.

So again, is there any actual reg on this or is it all at the chain of command's discretion?

Comments

( 4 comments — Leave a comment )
spartonian
Nov. 8th, 2011 07:33 am (UTC)
I'd talk to a lawyer or whatever the Army version of a paralegal is at the legal office, assuming your base has one. Unless we have a JAG officer reading this, I doubt you'll get "the right" answer... just lots of anecdotal information.
isobelland
Nov. 11th, 2011 10:25 pm (UTC)

I agree, definitely talk to jag. I had a friend who went through the same situation and he had to ask the BC and CSM who demoted him to move him because he became the same rank as his soldiers and obviously wasn't in a position of authority.

I'm sure it's not just a matter of authority and what's right and wrong, but what's also best for the person. He should probably be transferred for the best chance of starting over.

latinoheat20
Nov. 23rd, 2011 01:15 am (UTC)
I dont think this is anything that you would have to talk to JAG about, or need a lawyer for at all. Depending on what his MOS is and the kind of position he is in would determine if he would have to get moved or not. Granted, I am in the Navy, but people still go to CO's Mast and get reduction in rank, 45 days restriction, 45 days extra duty, and half month's pay x2, and anytime something like that happens for one of us, that person still does their job and reports to the same people in the chain of command. The only difference is that they have to must 5 times a day with the Master at Arms (navy version of an MP) and are very limited on their privileges. Like your person in question, if a sailor is days away from transferring at gets put on restriction, they must complete their sentence before they are allowed to leave. I hope this helps.
rednecknascar88
Jan. 26th, 2012 10:27 pm (UTC)
I can tell you right now that a person will not be moved because of an article 15. You get in trouble, you live with the consequences. I was in the Navy for 6 years and now 2 with the Army. I have had several NCO's get busted down and they didn't go anywhere. A few of them were terrible NCO's and once busted down they had to deal with the guys they treated the wrong way. The military has become soft, but not that soft yet. And yes you must complete restriction time before being eligible for schools, promotion and pcs as well. The only time someone will be moved is if it will cause a safety risk.
( 4 comments — Leave a comment )

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