AR 635-200 applies to all enlisted Soldiers equally. The NCO has to be processed for elimination.
The NCO would also receive an Article 15 in 99.9% of the cases if not 100%.
If in fact the NCO is not being processed you might consider making an anonymous report to the Brigade Commander or CG hotline.
Special Thanks to our LEGAL SME ECK for helping us out on this one.
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