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(3) Delete ineligible soldiers, including those formally denied consideration per paragraphll-38, bylining
through namesand entering a short explanatory note for the deletion. Noone mayestablish local requirements for
considerationsuch as time served in a unit or position, recruiting production,or other criteria not providedin this
chapter.
(4) Enter manually any missing or changed data on the NGBForm4100-I-R-Eusing the instructions in figure
11-2 and in the state MOI.
(5) Determineand enter evaluator namesor positions on individual NGB
Forms 410 I-1-R.
c. The soldier’s leader (generally the first line leader) will review the NGB
Form4100-I-R-Ewith the soldier
to verify informationand update entries in handwritingon the form(or electronically, if providedby the state),
obtain the soldier’s written choice (X mark)to accept or decline consideration and, if accepting consideration, the
soldier’s written choice (X mark)of one or moreof the options provided by the state per paragraph11-34a, and
obtain the soldier’s signature and the date signed. Whensoldiers are not available to do this in person, the
commander
(or a delegate) maydo this by telephone, facsimile transmission, or mail (including email), accomplish
all of the required actions, and sign and date the formfor the soldier. Soldiers whoare not available to process their
NGB
Forms4100-1-R-E due to unsatisfactory participation (for drill status soldiers) or absencewithout leave
(AWOL)
(for soldiers on orders for 30 or more days for ADSW,
ADT,FTNGD
for special work or training, Annual
Training for 30 days or more, TTAD
or AGR)will not be contacted while in this status. If they do not return to duty
before the cut-offdate for submission of documentsannouncedby the State AG(MPMO)
in the MOIfor the
promotionboard, they will not be considered by that board and are not eligible for standby consideration. The
leader will (1) Interview and counsel each soldier using NGBForm 4100-1-R-E.
(2) Haveeach soldier verify the individual data in sections MII.
(a) Soldiers will be considered for promotion, anrolled in NCOES,
and selected for assignmentsbased on their
CPMOS.
The CPMOS
will be the primary MOSunless there is a compelling reason for it to be another MOS.For
example, a merger MOSsuch as 75B2that merges into 75H3; a commanddirected reassignment for an AGRsoldier
from 75B to 13B to becomea Training NCO;or a soldier in an isolated MOS
with little chanceof progression such
as Legal NCO(71 D) or Chaplain’s Assistant (71M). In cases other than the merger in the same CMF,the soldier
must request the new CPMOS
on DAForm 4187 through commandchannels to the State NTMO
per chapter 5 of
this regulation.
(b) Soldiers mayprovide documentsto update the form and the personnel data base by enclosing it with the
NGBForm4100-I-R-E. The source documentsthat maybe used to update personnel data are listed in each of the
data fields in NGP(AR)25-I0. For instance, Civilian EducationLevel is in paragraph2-36: the source is listed
Diploma/certificate, school degree or transcript. Incompleteand questionable documentsare not acceptable.
d. Individual leaders in the field whorate soldiers using NGB
Form4101- I-R, and forward their evaluations
under the leader evaluation process, should counsel each rated soldier on their strengths and weaknessesand what
they maydo to improvetheir individual qualities and qualifications.
11-36. Individual soldier actions
The data on NGBForm4100-1-R-Eare taken from the ARNGUS
personnel data base, and are the basis for
promotion consideration.
a. Soldiers must verify the accuracy of entries and update the data as required.
b. Soldiers must accept or decline consideration in their ownhandwriting on the form. They also must select
by X mark one or more of the options provided in part IV of the NGBForm4100-I-R-E(or a state supplemental list
of options) to showwherethey are available for assignmentand promotionto the higher grade as provided in
paragraphs 11-34a(2) and 11-35c.
(1) Theymaydecline consideration for promotionwithout penalty. This is only a declination of consideration
for promotion, assignmentto higher graded positions, and NCOES
training. The declination will be in effect only
during the life of that list. Soldiers whodecline considerationwill be consideredby the next regularly scheduled
promotionboard if they remaineligible. Theyare not eligible for standby consideration regardless of the reason for
declination.
(2) Thosewhoaccept consideration, whenlisted in the selection objective of the promotionlist, mayexpect to
be trained in the NCOES
course required for the promotion, promotedand assigned to higher graded positions
during the life of the list per paragraph11-42cof this regulation. Assoon as the promotionlist is published, soldiers
in the selection objective of the list whoare not graduates, or enrolled as students in, the NCOES
course required for
the promotionlist grade, should, and maybe required to, enroll in that course. If they accept consideration for
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promotionand NCOES
training on NGB
Form4100-I-R-E, are listed in the selection objective of the promotion list
and, based on that, are selected for promotionand assignment, and decline a school or assignment(and the
promotion)for whichthey are eligible (based on the options they selected per paragraphs 11-34a(2) and 11-35c,
fail to apply for, accept enter, or graduate from a school required for promotionother than by reason of medical
disqualification or extreme hardship approvedby the State Adjutant General (or DARNG
for Title 10 AGR
soldiers),
will be removedfrom that promotion list. They maybe considered by the next regularly scheduled promotionboard,
if still eligible, but are not eligible for standbyconsideration. Unit leaders mustencourageand help soldiers in the
selection objectives of promotionlists to apply for required NCOES
courses.
c. Not used.
d. States should combinethe CSM
selection process in chapter 9 of this regulation with the SGM
Promotion
Board as stated in paragraph 11-33a. This process requires a means for eligible SGM,1SGand MSGto accept or
decline consideration for CSMsuch as using DAForm 4187 to accompanythe NGBForm 4100-1-R-E. For 1SG
and MSGnot selected for CSMthis will not affect their eligibility for promotionto SGMin their MOS.
11-37. Correspondencewith the board
No one, other than soldiers being considered for promotion, maycorrespond with a promotion board, and then only
in their ownbehalf. If the boardis prescribed in a format other than a formal board sitting jointly, no one may
correspond with the board.
a. Soldiers being considered maywrite to the president of the promotionboard to provide documentsand
informationcalling attention to any matter concerningthemselvesthey feel is importantto their consideration.
Althoughwritten communication
is authorized, it is encouragedonly whenthere is somethingthat is not provided in
the soldier’s records, and whichthe soldier feels will havean effect on the board’s deliberations. Thesoldier’s
official record is used to determinequality and potential. Correspondenceto boards will not be acknowledged,will
not be a basis for reconsideration, and will not be included in the soldier’s permanentpersonnel records (MPRJ,TAG
file or CMIF). Documentsfor permanent filing must be processed per both ARand NGR(AR) 600-8-104.
b. The following documentsare not authorized and wilt not be given to the board:
(1) Correspondencefrom anyoneother than the soldier concerned (this precludes communicationfrom the
soldier’s chain of command,
NCO
support channel, political sources, or other third parties).
(2) Correspondence
that criticizes or reflects on the character, conduct, or motives of any soldier.
(3) Incomplete appeals of items such as NCOER,
AER,courts-martial, Article 15 or comparablestate code
actions, etc.
(4) Incomplete copies of NCOER
or AcademicEvaluation Report. Only fully completed documents processed
through official channelswill be seen by the board.
c. Letters or memoranda
(and all enclosures) seen by a selection board becomepart of the board record and
are not filed in personnelrecords. Non-receiptof a letter to the board president is not groundsfor reconsideration by
a StandbyAdvisory Board as described in paragraph 11-53.
11-38. Denyingsoldiers consideration for promotion
Soldiers whoare eligible for promotionmaybe denied consideration as shownbelow, using the guidance and
procedures in paragraph 11-49g below. Denial maybe based on misconduct, shortcomings in personal and
professionalqualities and qualifications, or lack of potential to serve at the higher grade. This action generally will
be taken whenthe individual deficiency is not sufficient to warrant a bar to reenlistment or extension or elimination
from service. Whenapproved,the denial of consideration will be maintained with, and will expire with, the
promotionlist for whichit wasinitiated.
a. Initiate denial of consideration on DAForm 4187. Enclose DAForm 4856 on which the commanderhas
personally counseled the soldier on the reason for recommending
denial. Soldiers mayrebut their commanders’
recommendations
and submit statements that directly affect the circumstances. Theseactions will take place in time
to allow the soldier 30 days to prepare comments
and consult with a judge advocate, if desired, and to allow the
approval authority to take final action before the board process is complete. Holdingthemuntil the completionof
the evaluation cycle mayrequire Standby Advisory Board action whena recommendationis disapproved.
b. Denial of promotion consideration for SPC, CPLand SGTmaybe approved by the first higher commander
authorized in grade LTCor higher.
c. Denial of promotion consideration for SSGand SFCmaybe approved by the first commanderauthorized in
gade COLor higher.
d. Denial of promotion consideration for MSGmaybe approved by the State AG.
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e. These commanders
will personally approveor disapprovethese actions, and wilt not delegate this authority.
The final appeal authority is the State AG.
Section II
The Evaluation Process
11-39. General
The complete evaluation process is a board process and should be modeledon the following lines. States mayvary
from this modelprovided every soldier in each grade is evaluated the sameway. For instance, states mayprescribe
formal, joint boards at the STARC
HQfor senior boards, and decentralized or informal boards at major subordinate
command
or regional levels, or any combinationof these. These decisions maybe madebased on resource, distance,
time, leader availability, and troop populationfactors decidedby the state. At least three individuals will evaluate
each soldier as prescribed by the State AG(MPMO).
However,these boards will be conducted the same for each
grade of rank across the state as specified in the state MOIor other directive that prescribes each board.
a. If the leadership chain (chain of command,supervisory channel, or NCO
support channel), as designated
State MO1,is the board, that process must be followed throughoutthe state for that grade. This constitutes a board
and, althoughit maynot meet jointly, will act accordingly. Unless othar~vise stated here, the wordboard applies to
both leadership chain evaluation and formal boards sitting jointly.
b. Rules for boards:
(1) Three to five memberssenior in grade to the soldiers being considered, with the senior memberas
president, will evaluate all soldiers considered. Whenlarge numbersof soldiers are considered, the convening
authority mayappoint two or more panels, each comprising three or more members,and each of which will consider
a portion of the total records.
(2) Promotionboards will generally be comprisedof enlisted soldiers. The president will be a CSM
unless
there is no CSMavailable, then a SGMmaypreside (except for the SGMboard and CSMpanel). Whenofficers are
used in these boards and panels, use LTCor higher for SFCand MSGboards (except the ISGpanel), and COL
higher for SGM
boards, with a senior COLor a general officer as president. Panels should include at least one
officer and two senior NCOs,whenofficers are included.
(3) The CSMpanel of the SGMboard will include CSMsto review SGM,1SGand MSG~vho are eligible, per
chapter 9 of this regulation, and accept consideration for CSM.If officers are included, they wilt be COLor higher.
I SGs and MSGsselected for CSMby this panel are automatically selected for promotion to SGMin CPMOS
00Z50
(paragraph 11-43e).
(3. I) The l SGpanel of the MSG
promotion board, if used per paragraphs 5-30d(1) and 11-33b. 1 of this
regulation, will include only 1SGsand soldiers in higher grades of rank. Officer membership
is limited per
paragraph 11-39b(2) above.
(4) If minority membersare being considered, boards will include at least one minority memberas a voting
member,tfthis is not possible, the recorder will write the justification into the final boardreport.
(5) If females are being considered, boards will include at least one female as a voting member.If this is not
possible, the recorderwill write the justification into the final boardreport.
(6) Boards mayinclude minority membarsand female memberseven though the board maynot be considering
female and minority soldiers. The board should not be composedentirely of minority or female members.
Conveningauthorities will documentand explain unusual board composition, such as all (or no) minority or female
members,for inclusion in board reports.
(7) Eachboard and panel maybe served by a nonvoting recorder or other administrative support from the
supporting S-I, personnel office, or other Adjutant General Corpssoldiers.
11-40. Evaluate soldiers fur promotion
Board memberswill evaluate soldier performanceand potential using the whole soldier concept. The sum of each
soldier’s qualities and qualifications, matters of record, past performancewith the heaviest weightgiven to the recent
past, and tbe soldier’s potential to serve in positions of greater responsibility, mustbe consideredobjectively.
a. Considerall soldiers equally and fairly according to the memorandum
of instruction and the instructions for
NGBForm4101 -I-R- Membersof formal boards that meet jointly will not discuss any specific scores or findings
with individual soldiers or in public.
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b. Board membersmay,as stated in the MOI,discuss the general promotion selection process to help their
soldiers and others to better understandthe process. Theymayalso counsel their soldiers on the data in their records
and howtheir qualifications and qualities compareto the criteria in this chapter and the MOI.
c. Using NGB
Form4101-I-R, rate each soldier fairly in each area under Performanceand Potential.
d. Membersof formal boards will review available records such as MPRJwith NCOERs,
Academic
Evaluation Reports, qualification records, correspondence, and other official matters. Anauthorized memorandum
to the president of the board (paragraph 11-30 above) will be shownto all membersof the board designated
evaluate the soldier whosubmitted it. Theywill not review medical records. Memberswill refer questionable items
to the recorder whowill consult with the Personnel Officer.
e. Board memberswill not depart from the board with any type of notes.
f Recorderswill collect all forms, notes and materials used in the evaluation process, and:
(1) Verify that entries and scores lmve been madecorrectly and transcribe them to NGBForm4100-1-R-E,
section VI only after all board membershaveevaluated tbe soldier.
(2) Ensurethat there is a supporting documentattached to the NGB
Form4100-I-R-Efor each altered entry in
sections I-IlL
(3) Sign and date the form, obtain the president’s signature and date, and submit themaccording to the
memorandum
of instruction.
(4) Destroy all notes and extraneous materials.
g. Process the forms through personnel channels to the State MPMO
for entry into the database.
Section VIII
Approveand Publish Promotion Lists
11-41. Approvepromotion lists
The State MPMO
will -a. Ensurethat all actions taken and entries on the forms are correct and that this regulation and the MOIhave
been compliedwitb. The State AGmaydisapprove a board whenthere has been a material error: in the charge to the
board (the MOI);in the selection of board members;whenboard membersused incorrect criteria (added
disregarded, or selectively applied one or morecriteria); or throughany other major compromise
of the board’s
conductor integrity.
b. Process the data and generate a promotionlist for each grade with all individuals considered ranked from
highest to lowest by their promotion or CPMOS
(with numberone being the highest). For example, the SFC
PromotionList for MOS13B mi~t showSSGswith numbers1 through 25 of whomthe first 14 are in the selection
objective (paragraph 11-42c). For Title 10 AGR
Tour soldiers, the list will be arrangedby functional area.
c. Include on the list the data neededto identify individuals and to help managethe list such as AGR,Military
Technicianand NCOES
status codes; unit ID; ZIP codes; declination status or codes; etc.
d. Approveor gain approval of the conveningauthority per paragraph11-2 of this regulation and the state’s
MOI,of the promotionlist.
e. Retain promotion board files for two years. Minimum
documentation includes:
(1) Tbe board appointment and memorandaof instructions.
(2) TbeNGB
Forms 4100-l-R-E with enclosures (other than source documents processed to SIB) oneach
soldier considered.
(3) Written communicationsaccepted by the president from promotion candidates.
(4) Thefinal approval, master promotionlist and, if the boardsubmitsone, an after action report.
11-42. Determine promotion status
a. The State MPMO
will, in concert with the HRO
as it affects full-time support soldiers, determine the
numberof soldiers required for promotion in each grade and MOSbased upon:
(1) Current vacancies.
(2) Positions occupiedby junior grade soldiers, whether promotableor not.
(3) Vacanciesprojected during the life of the promotionlist (approximatelyone year) including grade
vacancieson carrier UICsthat will becomeeffective during the life of the list.
(4) A statistically relevant projection to allow for attrition fromthe list.
(5) Anallowance for Military Technicians and AGRsoldiers whomayrank high on the list but be ineligible for
a significant numberof anticipated vacancies based on State programexperience. Allowancemayalso be madefor a
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numberof M-Daysoldiers whomayplace high on the list but be ineligible or unavailable due to program
requirements, geographic location, AGRor Military Technician programs, etc.
b. If prescribed in State policy, establish a minimum
promotionscore.
c. Set the selection objective for each MOSto include the maximum
numberwhomayexpect to be trained,
promotedand assigned during the anticipated life of the list. Onlythese soldiers can expect to be trained, assigned
or promoted.Soldiers belowthe selection objective cannot normallyexpect to be selected from this list.
d. Soldiers in the selection objective, even though assigned but not yet promoted,are considered "promotable’
while on the list but will not use tbe letter (P) in correspondenceor other documentsunless specifically authorized
AR25-50, paragraph 7-5c.
e. All other soldiers on the list belowthe selection objective, but abovethe minimum
promotablescore, if one
is set, will still be eligible for assignment,training and promotionin sequenceif the original expectationsare
exceeded.
11-43, Publish promotionlists
a. Print a promotionlist by MOSfor each grade (paragraph 11-41 b) with the information specified by the
State MPMO
and distribute a copy to each unit authorized a field officer commander,each STARC
director, and
each STARC
detachment except the Selective Service Section. The minimum
information on a promotion list will
be the soldier’s name,promotionor career progression MOS(or functional area for Title 10 AGR),promotion
points, and a code to determine M-Day,Technician or AGRstatus. This last item is necessary to determine
eligibility for manyassignmentsdue to compatibility requirements. States mayadd items needed to managethe
programsuch as unit abbreviation, NCO
education code, etc. Everyonewhohandles lists with Social Security
Numbers
(SSN)will be cautioned to protect the lists from public disclosure.
b. States mayalso publish derivative or extract lists and distribute themto any level desired. Theselists will
not alter anyone’s sequencenumberin the MOSor any other standing. Lists published to small unit level and which
maybe posted in orderly roomswill not include SSNS.
c. Commanders
maynotify soldiers whowere not selected on the day before the list is announcedat large.
d. Althoughthe promotionfist will be published throughout the State, the State MPMO
will maintain the
official master list at the State HQ.This list, whichmustinclude the SSNto accurately identify each soldier, will
showall deletions, changes, additions, promotionsand other actions the State MPMO
prescribes.
e. The promotion or CPMOS
for soldiers selected for CSMand promotion to SGMis MOSOOZ.List them
by the type of organization or specific organization for whichthey were nominatedand selected per chapter 9 of this
regulation In this case, the type of organization takes the place of the junior soldiers’ MOS
to determinethe relative
ranking for promotion and assignment.
f. The MPMO
may, but is not required to, publish updated lists periodically. Individuals integrated into the
list, and those whosepositions changeon the list for any reason, maybe entered electronically or manuallyat the
discretion of the State MPO.
Section IX
Select Soldiers fromPromotionLists
11-44. General
a. The State MPMO
will, in concert with the State HRO,determine the methodsto request, assign and
promotesoldiers, including those whoare Military Technicians and AGR,to available vacancies throughout the
State in promotion sequence using the guidance in this paragraph and in paragraph 11-45 below. NGB-ARZ-T
performsthis function for the Title I0 AGR
Program.
b. Whenthe promotionlist is published, soldiers are eligible for immediateassignmentto positions and, if
qualified, promotionconcurrent with the assignment. Assignmentto a position from the promotionlist as the first
soldier in sequenceeligible and available for the position assures the promotion.For soldiers already assigned to
positions whenthe list is published, see paragraph 11-44g(2) below. NOTE:AGR
soldiers wilt not be promoted
pay grade E8 or E9 without a controlled grade allocation.
c. Soldiers are immediatelyeligible for the NCOES
training required for promotion per paragraph 11-28a of
this regulation and assignmentto positions authorized higher grades, but will not be promoteduntil they satisfy the
NCOES
requirementfor the promotiongrade listed in paragraph 11-28a. This is a statutory requirementthat is not
waivable as stated in the ArmyNational GuardCombatReadiness ReformAct of 1992 (Title XI, section 1114, of
the National DefenseAuthorizationAct for Fiscal Year 1993). As soon as the list is released, soldiers in the
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selection objective whoare not yet trained in the NCOES
courses for their promotionsmust apply for the required
course. States mayestablish specific times in whichsoldiers must apply for these courses and be listed in ATRRS
or
be removedfrom the promotionlist.
d. Soldiers maybe considered for assignment and promotion without regard to SQI, ASI and LIC required for
their positions unless the qualification is indispensable to performance.States mustuse a consistent standard for
each MOS,grade, functional area, and type of unit.
e. Soldiers in the selection objective of the MSG
promotionlist whoare selected for First Sergeant positions
are eligible for immediatepromotion uponassignment, and appointmentto the grade of ISG. They should be
identified early enoughto attend the First Sergeant Course (FSC)(ACor RC)before assignment. However,states
mayset a policy to require these soldiers to completethe FSCbefore promotionif they set it as a state-wide standard.
See paragraphs5-30d, 11-33b.1, and 11-39b(3.1) of this regulation for further guidanceon First Sergeants.
f States shoald have current SGMS,and MSGson the SGMpromotion list, designated and approved for
appointmentto CSM
for anticipated CSMvacancies using the procedures in chapter 9 of this regulation.
g. Commanders
will assign currently eligible, available soldiers per chapter 5 of this regulation, including
career developmentreassignments in grade, before requesting soldiers from promotionlists. Soldiers assigned to
higher gaded positions who:
(l) Are not eligible for promotion,were eligible for but declined consideration by the board, or ranked so low
in the promotionlist that they will not be trained or promoted,maybe removedfrom their positions whenthere are
one or moreeligible soldiers on the list whocan be assigned to and promotedin their positions.
(2) Are not immediately promotable due to their sequence numberon the MOSpromotion list mayremain in
their positions and be promotedwhenthe eligible and available soldiers rankedahead of themon the list in their
MOSs
have been promotedin their positions; selected and assigned, whetherpromotedor not (if awaiting training);
removedfrom the list administratively; determinedineligible or not available for an assignment;or declined an
assignment and promotion.
h. Military Technician and AGR
soldiers will be selected, assigned, trained and promotedin a concerted effort
between the States MPMO,
HROand POTOto assure equitable management.Although they maybe assigned to
positions identified only for membersof these programs,their promotionsequencewill be determinedper paragraph
g(2) above and, ifAGRSFCor MSG,a controlled grade allocation is available to promotethe soldier.
i. Specialists whoare in the selection objective of the promotionlist for their CPMOSs
and have completed
PLDC,maybe trained and then concurrently awardedSQ14, assigned as described in paragraph 5-24a(4) of this
regulation to AGRRecruiting and Retention NCOpositions, and promotedto SGTagainst the R&Rposition
authorization.
11-45. Selecting soldiers from promotion lists
Chapter 5 of this regulation covers the assignmentof soldiers. Usethat guidanceand the followingpolicies,
proceduresand options to fill positions.
a. Soldiers will be offered assignmentto available vacanciesfor whichthey are eligible and available starting
with the lowest promotionsequencenumberand continuing until the selection objective is exhausted, all vacancies
are filled, or the list expires. If soldiers are eligible and available for the assignment,they will be assignedand
promotedprovided they have met all other requirements for the promotion. 1SGsand MSGson the SGMPromotion
List for CSMwill be eligible and available for MOS00Z assignments, and immediatepromotionconcurrent with
assignments only after approval by the HQDA(NGB)
ARNG
CSMSelection Board per chapter 9 of this regulation.
SFCson the MSGPromotionList and the ISGSelection List are eligible for immediatepromotion concurrent with
assignmentto First Sergeant positions as discussed in paragraphs5-30d and 11--44e. Soldiers whoare flagged are
not eligible for assignment,training or promotionuntil the SFPAis closed. Thesesoldiers will not be contacted for
assignmentto higher gradedpositions while in a flagged status. States will establish proceduresto contact and solicit
individual responses (acceptance or declination) only from eligible and available soldiers whohave selected
option to serve at a unit or location or within an area or distance, including allowableresponsetimes (and the
consequencesof failure to respond) Guidanceon the options is in paragraphs 11-34a(2) and 11-46 below. State
MPMOs
will ensure that additional criteria or unauthorizedscreening criteria or proceduresnot specified in this
chapter or chapter 5 are not addedto this process.
b. Soldiers within the published commutingdistance (50 miles from the soldier’s residence unless another
standard has been established by the State AG)must accept promotionand assignmentto positions for which they
are eligible (qualified) and available.
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(1) The travel distance and time tales for involuntary assignmentin AR135-91, paragraph 5-5, are designed to
ensure safe, reasonablerequirementsfor soldiers. Theyensure the evenapplication of rules to all soldiers on that
list. States should use themwhensetting the distances that apply to assignmentsfor promotionsunder this chapter.
For this chapter only, the samecircumstancesas an involuntary assignmentoccur whena soldier declines a
promotionand is removedfrom a promotion list.
(2) No one other than the conveningauthority mayadd a requirement for the assignmentor promotionthat is
not set in the MTOE/TDA.
Standards published by the state will apply to all soldiers in the grade or grades for
whichthe standards are set.
(3) AGR
soldiers are not subject to the commutingdistance standard. Theyare eligible for statewide
reassignment and permanent change of station moveper NGR600-5 and the Joint Federal Travel Regulation when
selected for promotionand reassignment.
(4) Soldiers serving in assignments that have a service requirement, such as an AGRwhomadea permanent
changeof station (PCS)movemaynot be eligible or available for manyassignmentsdue to the restriction
subsequent PCSmovesalthough otherwise Myqualified for promotion.
c. Soldiers selected for assignmentswhenthey are fully qualified will be promotedconcurrently with the
assignment. They maynot be assigned to positions nor promotedin the positions until the incumbentsare reassigned
or separated. The only exceptionto this is the authority to have a promotionceremonyat the soldier’s current unit
immediatelybefore reassignmentper paragraph1 t-15a of this regulation. Those whoare assig’ned before they
complete required NCOES
courses, will be promotedwith effective date and DOR
as of the day after they complete
the required training or the date on whichthe state receives a controlled grade allocation. Orders maybe published
in advanceof the actual vacancyto allow planningand processing, but the effective date of the soldier’s promotion
and assignmentto the position will not be earlier than the day after the incumbentleaves the position.
d. Oncethe soldiers in the selection objective are assigned to positions, they generally remainpromotable
basedon the list fromwhichselected.
(1) Soldiers selected from the list and assigned to positions, but whoare not promotedbecause they have not
yet completedtheir scheduledNCOES
by the end of the list, will be listed on an extract. Theextract list wilt ensure
their promotions,without further board action, the day after they completetraining.
(2) However,AGRSFCand MSGassigned, but for whomthere are no controlled grade allocations against
whichto promote,will remainassigned to the positions and maybe considered anewby the next boards (see
paragraph11-33b above.) State leadership decides whichpositions and soldiers are allocated to the limited number
of controlled grades, and the methodthrough whichthis is done.
11-46. Declining promotion and assignment
a. States mayset proceduresthat allow categories of soldiers to decline consideration in advancewhen,
although they maybe eligible for assignments, the likelihood of acceptance win be small. For example, SPCand
CPLmaybe allowed to decline consideration outside of their unit or city; SPCthrough SGT,and any other grade,
mayelect advancedeclination of any assignmentover the stated commutingdistance; Military Technicians maybe
allowed to decline in advanceany non-compatibleposition; etc.
b. AGR
soldiers selected for higher priority units than those in whichthey currently serve maynot decline
assignment. Also, they maynot decline any other managementdirected moveunder AGRprogram management
policies. Theseare conditions of remainingon active duty status, and refusal is groundsfor relief from active duty
and from the promotionlist.
c. Declinations will be madein the form prescribed by the State. However,declination of an assignmentfor
whicheligible and available, (including commuting
distance), or refusal of training under this programshould be
writing. Soldiers whodecline assignmentsor require training for whichthey are fully eligible will be
administratively removedfrom the promotionlist. They will not be reinstated on the list under any circumstances
but maybe consideredby future boards if they remaineligible.
11-47. Hardship affecting promotion and assignment
a. Soldiers maydecline an assignmentfor whichthey are other~vise fully eligible based on hardship that
develops after they sign NGBForm4100-I-R-E accepting consideration for promotion.
b. Soldiers with hardships approvedby the State AGwill stay on the list but are not eligible for an assignment
or promotionuntil the hardship no longer exists.
c. Someexamplesof hardship are increased demandsbased on family or medical problems, civilian education,
and civilian employment.
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Section X
Removalof Soldiers from PromotionLists
11-48. Administrative removal
Commanders
will promptly advise the State AG(MPMO)
in writing with supporting documents to removefrom
promotionlist the nameof a soldier who:
a. Is reduced.
b. Is discharged from ARNGUS
enlisted status other than for immediate reenlistment
c. Has a retirement approved before the board date set in the memorandum
of instruction.
d. Is barred from immediatereenlistment or extension of enlistment, or non-selected for retention by a board
before the date set in the MOI.
e. Wasconsidered in error and selected.
(1) Soldiers erroneously considered and selected whoare promotedbefore discovery of their ineligibility will
have their promotions revoked.
(2) If warrantedby commanders’
explanatioas, State AGsmaygrant these soldiers de facto status for the period
served in the erroneous grade per paragraph 11-11.
f. Has been considered by a reduction board whose recommendationwas to removethe soldier from the list.
g. Whennotified of NCOES
training required for promotion, declines, refuses or fails to apply for, enroll, be
acceptedinto, or graduate due to an act, omissionor failure of standards.
I1. For soldiers whoseMOS(in whichthe soldier is on the promotionlist) has been eliminated
reorganization, whorefuses or fails to completetraining required for reclassification per para~aph11-27e(2).
i. Declines an assignmentwithin the published commutingdistance for which fully qualified and eligible
unless an exception to policy has been approvedby the State AG.
j. Enrolls in a commissionedor warrant officer producing program.
initiated removal
11-49. Command
a. Commanders
mayrecommend
that a soldier’s namebe removedfrom an approved list at any time.
b. Whenrecommending
a soldier for removal, the following must be considered:
(or State code) or nonpunitive measuresshould not automatically be the sole basis
(I) Ponishmentunder UCMJ
to suggest that a soldier’s namebe removedfromthe list.
(2) The soldier’s conduct before and aRer the punishmentor nonpunitive measuresand facts and circumstances
leading to and surrounding the misconductmust be considered.
(3) To removea soldier based solely on a minoror isolated incident of misconductmaybe unfair to the soldier.
Removalfrom a promotionfist has far-reaching, long-lasting effect on the soldier. The probability of subsequent
selection for promotionis extremelylimited.
(4) Commanders
should evaluate circumstances to ensure that all other appropriate actions have been taken
(training, supervision, and formal counselinghave not helped) or the basis for considering removalis serious enough
to warrant denyingthe individual’s promotion.
c. The commander
must submit a recommendationfor removal on a soldier whois not in compliance with the
6 or 12-monthrule in AR600-9, or consecutive failure of record APFTs.
d. The commandermay submit a recommendationfor removal for one or more of the following reasons:
(I) Punishmentunder Article 15, UCMJ
or comparableState code, whether directed for filing in the
performanceor restricted portion of the soldier’s OMPF,
or for Title 10 AGR
soldiers, in their CMIFat NGB.
(2) Anycourt-martial conviction.
(3) A memorandum
of reprimand, signed by a general officer, placed in the soldiers OMPF
orNGBCMIF.
(4) Adversedocumentationdirected for filing in the soldier’s OMPF.
(5) Otherderogatoryinformationreceivedin official channels, but not filed in the soldier’s official records, if it
is substantiated, relevant and might reasonably and materially affect a promotionrecommendation.
e. Recommendationsfor removal may be submitted for substandard performance. Definition: The commander
determinesover a reasonableperiod of time (at least three months)that the soldier’s work:
(1) Is such that promotionto the next higher grade wouldnot be in the best interest of the ARNGUS;
or (2) Has declined to such a degree that the soldier no longer has the potential to performin the higher grade.
f. Recommendations
should not be submitted on isolated acts based on short-term supervision. To ensure a
fair and impartial decision, each case must be investigated thoroughly.
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g. Process removalactions as follows:
(1) Before sending a removalaction to the State AGfor consideration, the commander
will deliver it in writing
to the affected soldier. Include all documentsthat will be submittedto the State AGin the notification to the soldier.
The soldier win be allowed30 days, or until 5 days after the unit’s next regularly scheduledtraining assemblyor AT
period, whicheveris first to respondin writing to the proposedaction after receipt of the written notice. The
maximum
period should be limited to 2 monthsto ensure that the soldier is notified and has the time to prepare, but
that the process continues to movefunvard. The soldier mayinclude the opinion and statements of third persons in
the response. The commander
mayextend this time for reasons beyondthe soldier’s control.
(2) Asoldier whoelects not to respondwill reviewthe entire action, state the election not to respondin ~vriting,
sign the statement, and return the action to the commander.
(3) The commander
will submit the action for review through command
channels to the State AG.Include with
the recommendation
a copy of the soldier’s DAForm2-1 (in States without a central records center or Personnel
Service Branch), SIDPERS
Personnel Qualification Record, and DAForm268, if flagged.
(4) A commander
at any level maydisapprove the recommendation,include the reason for disapproval, and
return the action through command
channels to the originator.
(5) On recommendationsprocessed through the chain of command
and not disappr0ved at a lower level, the
State AGwill makethe final decision based on results and recommendations
of the State level standby advisory
board.
Section Xl
Integrating Soldiers into PromotionLists
11-50. General
a. This section describes howto integrate soldiers into approvedpromotionlists.
b. Individuals whoenlist or reenlist into the ARNGUS
from any other componentof the ArmedForces of the
U.S. maynot be integrated into promotion lists. They maybe considered by the next scheduled promotionboard,
provided they are eligible, or considered by a Standby AdvisoryBoard (STAB)per paragraph 11-53, whendirected
by the State Adjutant General.
11-51. " Interstate transfers and inservice recruiting
a. Soldiers with promotionlist status in one state whotransfer to another maybe integrated into the newstate
promotionlist. The State MPMO
maycontact the losing state to obtain the soldier’s official standing and related
records.
b. Integration will be in the soldier’s promotion or CPMOS.
Whenthe newstate does not have the soldier’s
CPMOS,
reclassify the soldier and recomputethe soldier’s score. Integrate the soldier into the list in the newMOS.
c. Soldiers with promotion list status in the active Army,a USAR
Troop ProgramUnit, or USAR
Control
Group(IMA)whoenlist or reenlist into the ARNGUS
are not eligible for integration into ARNGUS
lists based
their active Armyor Reserve promotionlist status; each componenthas a different system. However,State AGsmay
direct a STAB
to consider this category of soldier for integration.
d. Soldiers integrated into approvedpromotionlists will be administratively reviewedand placed on the list
immediatelyafter the individual with more points or the samenumberof poitus. Their places will be designated with
decimals. For instance, betweensequence numbers60 and 61, one soldier wouldbe numbered60. 1; a second
wouldbe 60.2; etc,
11-52. Soldiers reclassified while on promotionlists
Soldiers reclassified for other than loss of qualifications due to inefficiency or misconductwill competefor training,
assignment and promotion in the new MOS.These soldiers will be removedfrom a promotion list, but State AGs
maydirect a STAB
to consider soldiers’ promotionstatus for integration into a list in the newMOS.
11-53. Standby Advisory Board
a. The Standby AdvisoryBoard (STAB)is used whena soldier meets the conditions listed in the remainder
this paragraph, lfa boardis in session, comprisedessentially as was the original board by whichthe soldier wasor
should have been considered, they maybe charged as a STAB
to fully evaluate the soldier’s record using the original
board charge. Whenthere is no board in session, assembleone using the rules in paragraph 11-39.
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b. Generally it is not used whena board was not properly conductedfor an entire class of soldiers such as
everyone in one grade, one unit, one career management
field, or one MOS.In that event, the MPMO
will have to
invalidate someor all of the original board, reconstruct the soldier’s records and the board, and conductthe board
essentially as of the date the proper action should have occurred.
c. The State AG(MPMO)
mayapprove cases for referral to a STABupon determining that a material error
exists.
d. The State MPMO
will determineifa material error existed in a soldier’s official records whenthe file was
reviewed, or should have been reviewed had the error not precluded review, by a promotionboard.
e. Error is considered material whenthere is a reasonable chancethat had the error not existed the soldier
would have been selected.
J~ STABsare convened to consider the records of soldiers(l) Not reviewed by a regular board.
(2) Whoserecords, due to material error, were not revie~vedby the regular board.
(3) Whoserecords were reviewed by the regular board, were not selected for promotion, and whoserecords
contained a material error whichmayhave been a factor in nonselection.
(4) Enlisting or reenlisting directly into the AR.NGUS
from the active Armyor USAR,whendirected by the
State AdjutantGeneral, for addition to approvedlists as described in paragraph11-5 lc.
(5) On whomderogatory information has developed that maywarrant removal from approved promotion lists.
(6) Reclassified as described in paragraph 11-52.
g. Soldiers selected by a STABwill be integrated into approved promotionlists and promotedalong with their
peers in the sequencethat wouldhave occurred had they been originally selected.
h. Only soldiers whowouldhave been eligible per the original memorandum
of instruction as of the date of
the boardwill be considered. Soldiers whodid not meetor could not have met the criteria at the time of the original
board will not be considered.
i. Reconsideration normally will be granted whenone or moreof the following conditions existed in the
soldier’s official records at the time they were reviewedby a promotionselection board: (Soldier’s requesting
reconsideration for reasons in (2) through (5) belowwill be granted reconsideration only for the most recent board
before the soldier’s request)
(1) An adverse NCOER
or AcademicEvaluation Report reviewed by a board was subsequently declared
invalid in wholeor in part, and a determinationwas madethat there was a material error.
(2) Anadverse documentbelonging to another soldier was filed in the nonselectee’s records and was seen by
the board.
(3) AnArticle15 (or comparableState nonjudicial action) designated only for temporaryfiling in the soldier’s
record, or whichwas set aside and has not been removedfrom the soldier’s record was seen by the board.
(4) Court-martial orders were filed in the soldier’s record whenthe findings were ’not guilty."
(5) document wa
s fi led in therecords revi ewed by the board that erroneously identified the s oldi er as AWOL
while on active duty, a deserter, or an unsatisfactory participant according to AR135-91.
(6) A record of 30 or morecollege semester hours properly entered into official channels but was not seen by
the board. College degree or transcript must have been submitted into channels within three monthsbefore the board
to be recordedon qualification records, or submittedto the boardpresident in hard copywith the soldier’s
memorandum
to the president to warrant standby consideration.
(7) An award of a State or Federal Commendation
Medal or higher award presented within three months before
the date of the boardwas not recorded on official records, seen by the board in hard copy, or not presented to the
board whenprovided in the soldier’s memorandum
to the president to warrant standby consideration.
(8) Anannual or changeof rater NCOER
that was processed to the custodian of records in time to be filed
before the date the board convenedwas not reviewed. NCOERs
received on time but returned for administrative
reasons maywarrant standby consideration.
(9) Consideration in an MOSother than the soldier’s PMOS
or designated CPMOS.
j. The following reasons do not constitute material error and are not reasons for reconsideration.
(I) Omissionof commendatory,
congratulatory or service memoranda,certificates, letters or similar
correspondence.
(2) Absenceof documentswritten, prepared or computedafter the date the board convened.
(3) Incorrect data on DAForm2-1, NGBForm 4100-1-R-E, PQRand other records which the soldier reviewed
prior to the date the board convened.
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(4) Absenceof official photographor prasence of an outdated one whichthe soldier did not update, when
current pbotugraphs wcrc required in the board MOI.
(3) Absence of an award lower than a commendationmedal.
(6) Absenceof documantsnot anthorized for filing in records by AR600-8-104.
(Y) Absenceof the completion doanmcntfor an NCOES
course, unless it was required for consideration and
was completed before the date the board convened.
(8) A complete the record NCOER
is an optional report and the absence of this report will not, under any
circumstances,be a basis for reconsideration.
k. Correspondencesuch as letters and memorandaof commendation,appreciation, documentsfrom third
parties, and documentsdated on or after the date the STABconvenedwill not bc forwarded.
Section XI1
Reductions in Grade
11-54. General
a. Sergeants and aboveare entitled to a board unless exemptper tbis section whenbeing considered for
reduction for inefficiency, misconduct,or due to civil conviction. Theyare not entitled to a boardfor administrative
reduction or separation in a lower grade for failure to meet a condition or requirementfor a promotionor assignment
in this chapter such as NCOES
training or a service remainingrequirementfor the promotion,or for loss of
authorized grade due to reorganization or release from active duty. The reduction board will be convenedunless the
soldier waivesthe requirementin writing.
b. A commander
whohas the authority to advance or promote a soldier to a grade per paragraph 11-2 also has
the authority to reduce a soldier fromthat grade.
c. The authority in this paragraphwill not be used to reduce soldiers for actions of whichthey were acquitted
as a result of courts-martial proceedings.
d. Revocationof illegal or erroneous promotionorders is not a reduction action in the meaningof this section.
See paragraph1 I-11 for revocation and related actions.
11-55, Voluntary reduction
If approvedby the unit commander,a soldier mayvolunteer in writing on DAForm4187for reduction to any lower
grade for reassignmentto another position, another program, or to continue in service. The promotionauthority may
then administratively reduce the soldier without board action. Establish DOR
as prescribed in paragrapht l-6j(1).
11-56. Failure to complete training
Reducesoldiers, without board action or appeal:
a. Whofail to complete OCSor WarrantOfficer training to the grade held on the day before appointmentto
Candidatestatus as a SGTor SSGeffective the date after they are no longer enrolled. Promotionauthorities may
reduce these soldiers to PFCor SPConly whentbey were appointed from grade PV2and would have otherwise been
eligible for advancement.
b. Whocomplete OCSor Warrant Officer training program, without accepting appointment or commission,to
the grade held before entering candidate status effective the date after they completethe program.
c. SMPparticipants whowithdraw or whoare eliminated from the ROTC
AdvancedCourse to the grade held
on the day before appointmentto Cadet status as Sergeant or the grade to whichthe soldier wouldbe entitled if
enlisting underthe provisions of chapter 2, but not belowPV2.
d. Whoaccept commissionor appointment, to the grade held on the day before entering candidate or cadet
status effective on the day before commissionor appointment.Soldiers will not be separated in special pay grades
E5 or E6.
e. Whofail to successfully complete an NCOES
course that is a condition of a promotiondue to their failure
to apply for, enter, meet standards, or through misconductor voluntary withdrawal. Reducethese soldiers
automaticallyeffective on the date the soldier fails to applyfor, enroll or be enrolled in a class for whichselected,
fails a course, withdrawsfrom the course, or on expiration of the time set for completionat promotion.This service
does not require a de facto determination; the soldier will retain the higher pay and allowancesthroughthe day
before the effective date of reduction in a de jure status (by right.) However,TIMIGin the higher grade is not
satisfactory service for future adjusted DOR
if promotedagain to the grade nor is it creditable towardsretired pay in
the higher grade or any other determination dependentupon the higher grade. This includes soldiers whosetraining
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was delayed or deferred whenordered to active duty for service during combator contingencyoperations such as the
one year completionrequirement for NCOES
after release from the period of active dub,.
f. Promotedin their former MOSunder reorganization guidance but whohave refused or failed to qualify in
the MOS
for the newposition to whichassigned per the guidancein chapter 5 of this regulation.
g. Whowere promotedper the rules in paragraph I 1-27e(2).
11-57. Reductionupon return from active duty.
a. Soldiers returning to their ARNG
units after being released from active duty (IADT,TTAD
and Title 10
AGR,etc.) in a higher grade than held at the time of entry into such service, other than authorized advancements
to
grades that wouldhave been gained per this chapter, maybe retained in their higher grade for 6 months.Upon
termination of the 6 months, soldiers not assigned to MTOE
or TDAvacancies commensuratewith their grade are
reduced, reclassified, transferred to the ING,IRR, Retired Reserve, or dischargedin accordancewith chapter 8.
b. Waivers. One waiver for an additional 6 months may be approved by the State AGfor Title 32 AGR.One
waiver for an additional 6 months maybe approved by NGBfor Title 10 AGRpersonnel.
c. Soldiers released from active duty in a higher grade than held at time of entry into active Federal service,
whoare transferred to the INGor the IRR, are transferred in the higher grade.
11-58. Other reasons for reduction
Reducesoldiers without board action or appeal:
a. Whoenlist or reenlist in a grade abovethose authorized by chapter 2, to the grade to whichthen entitled,
effective the date of enlistment or reenlistment.
b. Who,2 years after date of enlistment or reenlistment into lower graded positions in the Try Onein the
Guardprogram, have not been reassigned to a grade vacancyposition commensuratewith their grade.
c. Whoinvoluntarily lose their positions due to unit reorganization, inactivation, full-time support utilization
requirements or downgradingSPMD
positions, and therefore cannot be property utilized per chapter 5.
(1) If immediatereassignmentis not appropriate, retain themin current grade for up to one year before
involuntarily reducingor reclassifying themto fill valid positions.
(2) Whenit is not possible to properly assign these soldiers, transfer themto the INGor IRR. NOTE:
Full-time
soldiers not affected by force st~cture changes maynot be involuntarily movedto lower graded AGR
positions or
reduced because of that assignment.
d. Failure to meet the service remaining requirement in paragraph 11-10.
e. To enter a training programthat requires a lower entry grade to qualify for another position in the sameor
another unit.
f. Reductionfor failure to meetthe criteria of a conditional promotionother than training, such as prior
authority to use interim clearances for promotion,etc.
11-59. Enlistment in lower grade
Enlistment or reenlistment at a lower grade in the ARNGUS,
Regular Army,the USAR,or any componentof another
U.S. ArmedForce is a contractual agreementand is considered a voluntary reduction to gain a benefit. Subsequent
reenlistment in the ARNGUS
does not authorize restoration of grade or adjustment of DOR.Accepting a voluntary
reduction does not entitle a soldier to an earlier adjusted DOR
whenpromotedagain to a formerly held grade. Grade
and DOR
of former officers will be in the grade determinedfrom chapter 2 and paragraph1 l-6m of this regulation.
11-60. Reductionfor inefficiency
A soldier maybe reduced one grade for inefficiency. Inefficiency is defined as technical incompetenceor
demonstratedpattern or one or moreacts of conductthat showlack of abilities and qualities required and expected of
a soldier in that grade. Inefficiency can include one or moreacts of misconduct,poor performance,a record of
unexcusedabsences or declaration as an unsatisfactory participant (AR135-9 l), conviction by a civil or criminal
court, long standing personal debts whenthere has been no reasonable attempt to pay them, and significant
shortcomingsin training performance.A single act maybe so negligent or so substantially belowthe normthat it
warrants a recommendationfor reduction from the commander.Hmvever,an unexcused absence from scheduled
training, whether one UTAor one MUTA,
should not normallyin itself be the sole basis to charge a soldier with
inefficiency to the degreethat reductionis warranted,nor is it intendedas a substitute for judicial or nonjudicial
punishmentwhetherin state or Federal status. A reduction board is authorized for soldiers in grade SGTand higher,
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and the recommendingcommandermust provide complete justification and documentationto support the reduction
action. Someexamples are:
a. Statements of counseling or other documentedattempts at rehabilitation by the chain of command
or
supervisors.
b. NCOERs
or counseling statements documentinginefficiency or poor performance.
c. Record of misconduct during the period concerned.
d. Correspondencefrom creditors attempting to collect debts.
e. Adverse correspondencefrom civil authorities showingevidence of misconduct.
f Documentationproving that individual has unexcusedabsences, periods of unsatisfactory participation, or
that the soldier has beendeclared an unsatisfactory participant per AR135-9I.
g. Reductionbasedon lack of technical skill or ability requires reclassification to the correspondingskill level
and MOS
per chapter 5 of this regulation.
11-61, Redaction for misconduct or civil conviction
a. Discharge. Ira soldier is to be discharged with a discharge certificate under other than honorable
conditions, the State AGwill reduce the soldier immediatelyto PV1without board action. If the discharge is
suspended,the soldier is not reduced underthis paragraph.
b. Droppedfrom the rolls of the Army(DFR). Whendischarged per chapter 8 because of being DFR,
soldier is automatically reduced to PV1without board action.
c. Misconductor civil conviction. A soldier can be reduced one or moregrades for misconductor civil
conviction.
(1) If appropriate, Article 15, UCMJ(AR27-10), Courts-Martial (MCM
1984), or provisions of State law
be used to effect reductions for misconductin lieu of this regulation.
(2) Administrative reductions for misconductmaybe based on one or moreacts of misconduct.
(3) A soldier convicted by a civil court (domesticor foreign) or adjudicatedas a juvenile offender by a civil
court (domestic or foreign) is reduced or considered for reduction using the guidancebelow. "Juvenile offender’
includes a person adjudicated as a juvenile delinquent, waywardminor, or youthful offender. Action is taken on
receipt of documentsestablishing a sentence (imposedor vacation of a suspendedsentence) or a finding of guilt with
sentence to be established at a later date. A soldier can be reducedeven thoughan appeal is filed. If an appeal
results in reversal of the civil conviction, take action per paragraph11-66.
(4) Ifthe civil authority’s sentence includes death or confinementof l year or morethat is not suspended,the
soldier is reducedto PVI. If convicted, or a guilty plea is acceptedby the court, and sentencingis delayedfor at
least 30 days, reduction can be accomplishedimmediatelybased on the maximum
penalty. If reduced and if the
actual imposedsentence is less severe and then further restoration and board actions are required.
(5) If the sentence is confinementfor morethan 30 days, but less than I year (not suspended), or 1 year or more
suspended, SPCand below will be considered for a one or more grade reduction. SGTand above must be referred
to a reduction board for possible reduction of one or moregrades.
(6) If the sentenceis less severe than in (4) above, and reductionauthority considers it appropriate, the soldier
maybe considered for reduction of one or moregrades. SGTand above will be processed for possible reduction
board action.
11-62. Reduction notification procedures
a. The commander
reducing the soldier informs the soldier in writing, delivered in person or dispatched by
Certified Mail-Return Receipt Requested, of the action contemplatedand reasons. The soldier acknowledgesreceipt
of the memorandum
in writing, and maysubmit any pertinent matters in rebuttal. Mail refused, unclaimed, not
acknowledged,
or otherwise undeliverable, is not used as defense against, or as a basis for an appeal of reduction,
whennotification wascorrectly addressedto the latest official mail address furnished to the unit by the member.
b. The commander’s
written notification must include instructions advising the soldier (SGTand above) of his
or her right to request a reduction boardand the date the board request must be received.
(1) SPCand below maybe reduced without action by a board.
(2) Only SGTthrough SGMmayrequest to appear before a reduction board. If the soldier waives board
action, the waiver mustbe in writing. Thesoldier maysubmitany pertinent matters in rebuttal in ~vriting. Failure to
respondwithin 30 calendar days after the date of receipt of written notification constitutes a waiverof the right to a
reduction board.
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c. A soldier whorequests a boardwill be given at least 30 days written notice before the date of the hearing.
The reduction authority mayapprovean extension of the 30 days if requested by the soldier in writing.
el. The conveningauthority ensures that:
(1) The board is composedof unbiased soldiers senior in grade to the soldier being considered for reduction.
(2) At least one board member
is thoroughlyfamiliar with the soldier’s field of specialization, especially for
inefficiency or poor performancecases.
(3) The board consists of at least three voting membersand a recorder without vote. A majority of the
membersof the board constitutes a voting quorumand must be present in order for the board to convene.
(4) The senior voting memberserves as president of the board.
(5) If the soldier being consideredfor reduction is femaleor a minority, the board will include an officer or
enlisted soldier whoalso is female or a minority member,if reasonably available. However,nonavaitability of a
female or a minority memberdoes not preclude conveningof the board. In the event ofnonavailability, justification
must be stated in the record of proceedings.
(6) Nosoldier with direct knowledgeof the contents of the case will be appointedto the board.
(7) Alternate board membersare appointed and will be available whenrequired.
(8) Unbiasedboard membars,if not available, are requested through highar headquarters.
11-63. Reduction board procedures
a. The soldier mayrequest military counsel be appointed. If a specific judge advocate or other officer is
requested and is reasonablyavailable, the conveningauthority designates that officer as counsel. If the requested
counsel is from another command,
the conveningauthority wilt forward an official request to the appropriate
headquarters. Determinationby that headquartersis final regarding the availability ofrequasted military counsel. If
the specifically requested counsel is not available, the conveningauthority will appoint anothar judge advocate or
experiencedofficer to serve as counsel.
b. Notice of a board hearing date is madeonly afier counsel is available to the soldier, if requested.
c. The recorder, on request of the soldier or counsel, arranges for the presence before the board of any
reasonably available witnesses.
d. Copiesof all written affidavits and depositions of witnesses, whoare unable to appear before the board, will
be furnishedto the soldier.
e. The president of the board ensures that enoughtestimony is presented to enable the board to:
(1) Fully and impartially evaluate the case.
(2) Beobjective in their deliberations.
(3) Arrive at a proper recommendation.
(4) Considerthose abilitias and qualities required and expected of a soldier of that grade and exparience. (A
NCOis expected to maintain high standards of conduct). While prior years of faithful service are commendable,
this
alone does not override the best interests of the ARNGUS.
f. ARl 5-6 maybe used as a general guide for the board so far as it does not conflict with any provisions of
this regulation.
g. The board mayrecommenda reduction of one or more grades (dependent on reason for reduction),
retention of grade, reassignmentor a combinationof any of the above
b. The convening authority mayapprove or disapprove any portion of the board’s recommendationso long as
the action does not increase its severity.
i. Whenthe board recommends
a reduction and the convening authority approves it the soldier is reduced by
the reduction authority as directed without regard to any action taken to appeal.
j. In case of reduction for inefficiency, the conveningauthority can suspendreduction up to six months.If the
suspension is not vacated during this period, reduction mayonly be accomplishedby conveninga newreduction
board.
k. If a civil conviction is reversed, or sentence is modifiedor reassessed, see paragraph11-66.
11-64. Rights of the soldier
a. Therights of the soldier concerningthe reduction board are:
(1) SGTthrough SGMmayrequest a reduction board within 30 days of date of notification of the consideration
for reduction.
(2) To decline in writing to appear before the board, or mayappear in person with or without counsel at alt
open proceedings.
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(3) To retain a private attorney at no expenseto the Government
If not represented by a private attorney, the
conveningauthority designates military counsel whonormally a lawyer judge advocate officer or Armycivilian
attorney-advisor) unless, in consultation with the servicing staff judge advocate and the U.S. ArmyTrial Defense
Service, the conveningauthority determinesthat a lawyer is not reasonably available. Anysuch determination is
final. Ira soldier requests specific military counsel, follow the proceduresof paragraph11-63aabove.
(4) To request any reasonably available witnesses whosetestimony is believed to be pertinent. When
requested, the soldier provides the nature of the informationthe witnesses are expectedto provide.
(5) To submit to the board written affidavits and depositions of witnesses whodo not appear.
(6) To elect to testify as a witness and submit to examinationunder oath, makeor submit unswornstatements,
or remainsilent.
(7) To challenge or question any witness appearing before the board.
b. Failure of soldiers to exercise their rights is not a bar to the board’sproceedings,findings and
recommendations.
c. Whena soldier appears before the board without representation, the president will fully counsel the soldier
on:
(1) The action that is being contemplated.
(2) The impact such action mayhave on the outcomeof the case.
(3) The right to request counsel and tn challenge any memberof the board for cause.
(4) The right to submit an appeal per paragraph 11-65.
11-65. Appeals
a. Appealof reductions per paragraphs 11-54d and 11-55 through 11-58 is not authorized. Appeal of
reductions per paragraph11-61 is authorized only to correct material errors such as a reduction that did not comply
with this regulation and therefore was without sufficient basis.
b. In order to correct an erroneous action on equitable grounds, appeal is authorized of reduction for
inefficiency per paragraph11-60, misconductor civil conviction other than per paragraph1 t-61, and partial
restoration under paragraph11-66. It must be shownthat the facts and circumstancesof the case are such that partial
or full restoration of grade will be in the best interests of the ARNGUS
and the soldier.
c. Anappeal must be submitted in ~witing within 30 days after the date of reduction or date of official written
notification of restoration action. Acompletecopyof all correspondenceis furnished to the authority taking final
action of the appeal.
d. Appellate authority for reductions is:
(1) The next higher authority abovethe reduction authority for SSGand below.
(2) The first general officer in the chain of command
abovethe reduction authority for SFCthrough SGM.If
the reduction authority was the State AG,the appeal will be acted uponby the State AGas a request for
reconsideration. TheState AG’saction is final.
e. If appeal results in a determination that the reduction under paragraph 11-61 was erroneous, the appellate
authority directs restoration to the formergrade. Restorationsare effective as of the date of the order and DOR
is the
sameas DOR
prior to reduction. However,if it is determinedthat another provision mayapply, the appellate
authority directs action be taken in accordancewith the appropriate provision of that paragraph.
f If the appellate officer on an appeal determines that the reduction should be changedon equitable grounds,
the soldier is restored to the formergrade or to any intermediate grade. Restorationsare effective as of the date of
the order. DOR
for soldiers restored to former grade are the same as DOR
prior to reduction. DOR
for soldiers
restored to an intermediategrade are the sameas the date of the order directing restoration.
g. If the appellate authority on an appeal determinesthat the reduction meets the requirementsof this
regulation and need not be changedon equitable grounds, the appeal is denied.
h. A soldier submitting an appeal wilt be informed in writing of the decision. A copy of the appeal and the
final action is filed in the soldier’s MPRJ.
i. Authority to take final action on appeals maynot be delegated.
11-66, Restoration of grade
a. Restoration of grade is accomplishedwithout regard to the criteria specified for advancementor promotion
to the grade and rank, to include position vacancyand promotionboard action. See paragraph 1 i-6 for DOR.
b. Grade and rank restoration mayresult from:
895
Case 1:00-cv-00644-NBF
Document 114-14
Filed 07/18/2005
Page 16 of 17
(1) Setting aside, mitigation, or suspension of punishmentunder UCMJ
or comparablestate code. The
commander
authorized to promoteto the higher grade mayrestore the soldier’s grade and rank.
(2) Reversal ofcnnviction by civil court. Ifa conviction by a civil court for whicha soldier was reduced is
later reversed, the soldier is restored to the grade and rank from whichreduced and regains incumbencyto the former
position held. lfthe commander
having promotionauthority for that grade determines that the soldier was denied
promotionbecause of the conviction, the soldier maybe promotedto the next higher grade and gains incumbencyto
that position.
c~ A reversal of conviction is the annulling or voiding of a court judgmentby the sameor a higher court of
competentjurisdiction becauseof error or irregularity in proceedings. It does not include instances where, under
local law or procedure,a convictionis set aside in recognitionof rehabilitatinn or as a result of parole.
conviction is reversed and a newtrial is ordered, the soldier’s grade and rank are restored. Thesoldier maybe
reduced becauseof a later conviction resulting from a newtrial.
d. If a sentence is modifiedor reassessed (by an appellate cnurt or otherwise), nr a sentence as imposedis less
severe than the one under whicha reduction was accomplished,the following action is required:
(/) Reducedfrom SGTor above: If reductinn was under paragraph l l-61, reduced sentence no longer falls
within the original category, the soldier is restored to the formergrade and newboard action is optional with the
reduction authority. If the sentence, as modified, reassessed, or reduced falls within the samesubparagraphof
paragraphI 1-61, no action is necessary.
(2) Reducedfrom SPCand below: soldier is restored to SPCor any intermediate grade, or directed to remain at
PV1.The soldier is notified in writing of the decision.
11-67,Reductionand restoration orders and records
a. Grade restorations and reductions for misconductand inefficiency (except for Articles 15, UCMJ,
or
comparablestate code, and courts-martial) are announcedin orders.
b. Cite in orders the reason for reduction, such as inefficiency, the authority, and the paragraphfrom this
chapter under which reduced. Whenreduction is for misconduct for which proceedings under Article 15, UCMJ,or
comparable state code, were conducted, prepare DAForm2627 (Record of Proceedings under Article 15, UCMJ)
per AR27-I0 or use prescribed forms under comparablestate regulations.
c. The completereduction action including any appeal is filed in unit records. The reduction order will be
filed as a permanentdocumentin the soldier’s MPRIand removedonly if the soldier is promoted.Reductionactions
that are whollyset aside are not filed in the MPRL
896
Case 1:00-cv-00644-NBF
Document 114-14
PROMOTION
UIC:
IABAA
UNIT:
HQ
STARC
CONSIDERED:
NAME
(LAST,
MI)
Y
EDWARD
PHILLIPS
WHITE
ARNG
LONNIE
TERRI
K
K JR
OF
REPORT:
SUSPENSE
SGM
FIRST,
VICTOR
GRIDER
XX
Page 17 of 17
ROSTER
DATE
RANK
BRADLEY
ELIGIBILITY
Filed 07/18/2005
DATE
OF
2 JUN
97
DATE:
31
AUG
97
BOARD:
28
SEP
97
SSN
RANK
PMOS
CPMOS
999-01-0234
MSG
75HSHA2FR
75H5
999-01-6975
ISG
71DSMPS00
71D5
999-02-0010
MSG
12ZSM0000
12Z5
999-36-0987
MSG
79T50000
79T5
Figure 11-1. SamplePromotionEligibility
897
Roster (PER)