AR 600-8-19 covers nonpromotable status and states in part:
paragraph 1–10. Nonpromotable status
a. Soldiers (SPC through master sergeant (MSG)) are nonpromotable to a higher grade when one of the following conditions exists:
(1) A Soldier is convicted by court-martial during current enlistment.
(2) A Soldier is absent without leave (AWOL).
(3) A Soldier is in proceedings that may result in an administrative elimination.(4) A written recommendation has been sent to the promotion authority to reclassify a Soldier for inefficiency or disciplinary reasons. If the recommendation is approved, the Soldier will be removed from the promotion list.
(5) A Soldier becomes ineligible to reenlist based on suspension of favorable action (flag), pending separation, field or HQDA bar to reenlistment, approved Declination of Continued Service Statement (DCSS), approved retirement, or a failing weapons qualification score.
(6) A Soldier is without appropriate security clearance or favorable security investigation for promotion to the grade and military occupational specialty (MOS). Soldiers will regain promotable status the day they receive the appropriate level clearance. Soldiers who lose their required clearance for cause will be removed from the recommended list.
(7) A Soldier fails to qualify for reenlistment or extension of their current enlistment to meet the service remaining requirement (SRR) for promotion to SSG. The promotion authority will remove the names from the recommended list.
(8) A bar to reenlistment is approved.
(9) A Soldier was punished under the Uniform Code of Military Justice (UCMJ), Article 15, including suspended punishment, except any summarized proceedings imposed according to AR 27-10, is excluded, and will not result in nonpromotable status. The Soldier will be promotable on the day of completion of the period of correctional custody, suspension, restriction, extra duty, and or suspended forfeiture of pay, whichever occurs later. For the purposes of determining nonpromotable status, periods of forfeiture of pay will be determined as follows:
(a) Periods of forfeiture are to begin on the date that Article 15 punishment is imposed.
(b) For Article 15, forfeitures imposed by company grade CDRs, 7 calendar days is the period of forfeiture. For example, punishment is imposed on 28 March 2005. The Soldier is in a nonpromotable status from 28 March through 3 April and regains promotable status on 4 April.
(c) For Article 15, forfeitures of 1 month by field-grade CDRs, 15 calendar days is the period of forfeiture.
(d) For Article 15, forfeitures of 2 months imposed by field-grade CDRs, 45 calendar days is the period of forfeiture.(10) A Soldier has incurred a flag under the provisions of AR 600-8-2.
(a) Failure to initiate DA Form 268 (Report to Suspend Personnel Actions (FLAG)) does not affect the Soldier’s nonpromotable status if a circumstance exists that requires imposition of a flag under the provisions of AR 600-8-2, paragraph 1-12 and 1-13.
(b) The promotion status of Soldiers incurring a flag under the provisions of AR 600-8-2 is controlled by paragraph 1-11.(11) When a Soldier is command-referred and enrolled in the Army Substance Abuse Program (ASAP). Selfreferred Soldiers are eligible for promotion while enrolled in ASAP, provided otherwise qualified. A self-referral who is later command-referred to ASAP based on evidence not protected by the limited-use policy becomes nonpromotable upon command referral to ASAP.
(12) A Soldier has a qualifying conviction for domestic violence under the Lautenberg Amendment in accordance with AR 600-20.
(13) A Soldier has failed, due to his/her own fault as determined by the Commander, to complete necessary training associated with reclassification to a new MOS and has been awarded additional skill identifier (ASI) 4B as determined by HRC or GOCOM MSC/DRU (for USAR TPU Soldiers) or NGB (for ARNG Soldiers). The BCT/Bde S-1 will track the status of all Soldiers with ASI 4A (promotion eligible) and, when a determination is made that a Soldier failed to attend or to complete training as scheduled, take action to award ASI 4B (ineligible for promotion). (14) A USAR unit Soldier declines promotion and reassignment to a unit position that is within a reasonable commuting distance (as defined in AR 140-10, paragraph 1-10). The Soldier, after removal from the recommended list, is nonpromotable for one year.
(15) Is a Reserve Component Soldier previously scheduled for mandatory removal because of age, years of service or not selected for retention by a qualitative retention board
Comments
Eck
Further update on reenlistment codes. I spoke with an active duty career counselor who is my go to guy on these issues and he provided the following: “9B is removed when the flag is removed. In fact those codes now automatically change once the flag is gone, if there is a case where a soldier is flagged and the 9B didn’t transmit (or vice versa), the trouble ticket is put through S1. Career counselors no longer update adverse/pt/weight/chapter reenlistment codes.”
Eck
9B is a reenlistment code indicating you have an adverse action, drug abuse, or alcohol abuse flag in place. Being that you HA flag code indicates you are in your punishment phase, and by AR 600-8-2, you can be reassigned, I am not sure if the 9B should be removed when punishment phase starts or when it ends. This would be a question for your retention NCO. Sorry I couldn’t be of more help.
Guidance
Thank you for your assistance. My next question is I’m on extra duty, we have a soldier who committed an international incident he has to have an escort everywhere he goes. He is restricted to post. My question is since I’m on extra duty should I be escorting him around, DFAC, library, etc…Also I have to stay in this soldiers room while he is taking a shower and utilizing the laterine with the door open, ( may I add that I’m a female). On weekdays when I’m on extra duty I have to stay with him till he goes to sleep and leave at 2300. Weekends if he wants to go to the gym take a walk around camp I have to be with him but I’m on extra duty. Is the CoC allowed to do this?
Guidnace
I’m currently in my punishment phase my flag has been changed to HA I have a 9B code in the reenlist block ( which I thought was Bar to reenlistment) but I’m indefinite. So what exactly does that code mean because branch will not put me on assignment until that 9B code is removed. also since I’m in my punishment phase ( which is a transferable flag) can I still be put on assignment. My extra duty will be over before I DEROS.
John
According to the excerpt, an NCO is nonpromotable: (1) A Soldier is convicted by court-martial during current enlistment.
So, if you decide to refuse UCMJ because you really believe your innocent, the command takes it to a summary court martial, and you lose; are you now nonpromotable for the rest on your contract? What if you are indef? You can never be promoted again and your career is over?
SGT NICK
First you have to be convicted during the court martial. Then you are either AA flag or BA flag (Adverse Action and or Field Elimination). This is what really removes you AND prevents you from being promotable. These flags stay on until your punishment is complete including any suspended sentence time. Usually a bar to reenlist will be applied after a Court martial conviction but not always, any soldier over 10 years of service can only have a bar applied by the first G0 in his/her COC.
Keep in mind a Court Martial conviction will end up on your fisch file and your packet is going straight to the QMP/QSP board if you are SSG or above. You will most likely be recommended for chapter if not already by your COC following conviction.
You have a better chance of saving your career through a UCMJ as any conviction can be put in your restricted file which is not viewed for promotions.
Hope this helps!