Here is the response I got from one of our Legal SMEs. Keep in mind we do not have all the facts. If you decide to address this issue you need to ensure you are factual, calm, unemotional, and professional. Consider putting down your comments and questions on a piece of paper. This might help you organize your thoughts and remove the emotion.
Sounds like an administrative reduction to me since it was done with a 4187 and not an Article 15. Administrative reductions for E-4 and below are at the discretion of the company commander as long as they do not reduce the Soldier more than one grade. If the commander wants to reduce an E4 or below more than one grade, then they have to conduct a reduction board. Administrative reductions are at the discretion of the company commander. This is normally for poor duty performance/inefficiency (para 10-5, AR 600-8-19) It cannot be for something that should have been taken care of through UCMJ (i.e. late to formation, disrespect, etc.) I would not be able to tell this without seeing the counseling statements. Also it cannot be for one incident, it has to be a pattern, it has to be documented at what rehabilitation was taken first,
Para 10-6d, applies as it states the commander must inform the Soldier in writing and give the Soldier an opportunity to rebut the information.
If everything is as the Soldier states, I would recommend the Soldier take a copy of AR 600-8-19, para 10-5 and 10-6, along with the documents she has and go see either legal assistance or TDS. She can request a review by the superior commander. I would recommend she use the 1SG/CDR open door policy first to ask about the action. She may want to go the battalion legal office first and talk with the paralegal there. They may be able to help her out quicker than anything, especially if the reduction was done improperly. Chances are though, they will say it was an administrative reduction and an S-1 function. In that case, IG or Legal Assistance is her best route if she doesn’t get resolved by the 1SG/CDR.
If they did do it improperly, then she should be reinstated as PFC and get back pay.
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Comments
John
Myself and two others were demoted prior to a mission without being told why and we were told we didnt have the right to see the paperwork. Two weeks later we were given our rank back. Nothing was said about the issue every again. To this day I dont know why… 1990 or so about.
Mark Gerecht
John, all demotions require paperwork. There is nothing that allows the removal of rank without paperwork and a formal explanation. Rank can only be removed by an Article 15 or an administrative reduction board. Therefore based on the information you provided I would assume this action was taken to get your attention as a form of rehabilitative training. However this would not be legal in any way shape or form.
Hope this helps
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