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I recently received an Article 15. I was reduced 1 grade but got a suspended sentence. Later the suspension was vacated. What date will I use as my new Date of Rank?

I received an Article 15 on October 13rd 2013. It was vacated on January 5th 2014. I was reduced from E-5 to E-4. Will my date of rank be the date of the original punishment or the date of the vacation?

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Reference: AR 27-10

Short Answer:

Date of rank is when the Article 15 was originally imposed, not the date the punishment was vacated.

Extract of AR 27-10

AR 27-10, para 3-19b(6)(b) – Date of Rank – If a suspension of the reduction is vacated, the offender’s date of rank in the grade to which reduced as a result of the vacation action is the date the punishment was originally imposed, regardless of the date the punishment was suspended or vacated.

Note:

The following information was provided by one of our Legal SME’s.  Eck thanks for the information!

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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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