Here is an extract from AR 600-8-19
a. A Soldier must have served in the same unit for at least 90 days prior to being reduced for inefficiency.
b. The CDR initiating the reduction action will present documents showing the Soldier’s inefficiency to the reduction authority. This may include:
(1) Statements of counseling and documented attempts at rehabilitation by chain of command or supervisors.
(2) Record of performance, acts, conduct, or negligence during the period concerned.
(3) Correspondence from creditors, attempting to collect a debt from the Soldier.
(4) Adverse correspondence from civil authorities.
c. Documents will establish a pattern of inefficiency rather than identify a specific incident.
d. Reduction for inefficiency will not be used for the following:
(1) To reduce Soldiers for actions for which they have been acquitted because of court-martial proceedings or civil proceedings.
(2) In lieu of UCMJ, Article 15.
(3) To reduce a Soldier for a single act of misconduct.
e. The CDR reducing the Soldier will inform him or her, in writing, of the action contemplated and the reasons. The Soldier will acknowledge receipt of the memorandum by endorsement and may submit any pertinent matter in rebuttal.
Any matter submitted by the Soldier must be considered by the reduction board and reduction authority prior to rendering a decision.