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Military Promotion Questions

A military officer promotion in the United States is a very competitive process. Normally seniority is the first consideration however, that is not the only thing that can make a person eligible for promotion. Many things such as past performances and leadership are some of the main considerations. The military officer promotion is strongly meritocratic. Read below where Military Lawyers have provided legal answers and insight to the most commonly asked questions on military board promotion.

If someone is on the list next for a military promotion can the commander give the promotion to someone else?

The commanding officer can place someone before another person for promotion, unless one of them makes a claim that the other person may not be qualified enough and that the commander’s decisions was based on some kind of discrimination. Commanders are given the option that all things are done equally and who they select for promotion and when.

If someone has made the promotion list and then gets charged with a DUI they got flagged and then got a chance for a promotion can they get flagged again or is this considered double jeopardy?

They can indeed flag someone if they want, and they also can take this person to Article 15 or even to Court Martial. It will not be considered double jeopardy since the charge is in a different system, federal versus state. Although if they are found not guilty, then they should be able to get the flagging lifted.

If a Reservist has submitted their promotion packet to the Higher Headquarters and they have failed to do their job by sending it to the PPRL can they be punished for not doing their job?

The commander is who need to be told about this situation. The commander is the supervisor of this person and they have the power to punish the person who has not completed their job duty.

In the National Guard if someone has not received a promotion because of their waist measurement can anything be done in order to receive a waiver to receive a promotion?

The only way to have a change in this situation would be to get some sort of medical waiver to the military promotion board. Every service has a set of standards for promotions which at many times can include physical fitness. Unless they can show that this is caused by a medical condition, a waiver may not be possible. On active duty there are many people being administratively discharged because of weight or body fat standards.

How can someone challenge the military promotion board’s results?

This is a complex issues but it can be done. What they would need to do is first gather all their records, a copy of the precept, and then look for something in those records that might indicate a reason for not being selected for promotion. Also, they would want to get a second opinion from someone such as a mentor to see if they have caught anything that they haven’t.

As stated before there are many requirements a person must meet in order to be promoted in the military. Also, along with meeting the requirements they also must be recommended by their commanding officer and at times go in front of the military promotions board. After serving an amount of time in service in order to be eligible for a promotion, an officer must be recommended by the commander. For more information regarding requirements on how to receive a military promotion contact the Experts.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11875
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Promotion Questions

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    If military pins crime committed by few people on only 1 serviceman, and refuses to transfer the case of this civilian involved to federal prosecutor, can victims family lobby federal prosecutor to take this civilian's case? Or we don't have any recourse other then civil trial against her?
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    I was recently relieved from command for taking a photo ("selfie") wearing a DI campaign cover and sunglasses that had a funny mustache attached. I was in uniform at the time. A case of captains goofing off with no malice intended or which can be inferred from the photo. The photo was taken over a year ago and posted to my Facebook account which was set to private. I have no idea how my command obtained the photo. The RFC states a "grievous and unrecoverable loss in trust and confidence in my abilities to lead my company," specifically for the photo in question. I was also told I may be charged and will be receiving an adverse fitrep. I understand the COs right to relieve me is completely subjective and while I feel I have been treated materially unfair, I understand. However, I am unwilling to take an adverse fitrep in this matter as I have not violated the Marine Corps' social media policy or any other policy for that matter. Do I have any options or recourse to fight an adverse fitrep? Thank you in advance.
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