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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34512
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a drilling Army reservist with about 16 years time in

Customer Question

I am a drilling Army reservist with about 16 years time in service. I am ranked Sgt E5. One of my few remaining higher ranked NCO friends confided in me that the CO wants to demote me (probably for not showing enough ambition to get promoted and because we have too many E-5's in the unit.) The other E5's are being cutthroat and probably in the mindset of supporting him and are administratively in charge of me. I ETS in 72 days and want to finish my military career in a unit that has not turned so cut-throat such as a guard unit. I have not failed any PT tests or had any recent counseling statements and my evaluations are reasonably good but this CO is really nasty and desperate in his techniques. How can I keep him from messing with my rank or recommendations for enlistment elsewhere until I get out? He made a remark that he wants to demote me to E-4 somehow administratively.
Submitted: 2 years ago.
Category: Military Law
Customer: replied 2 years ago.
Oh, and the CO is a captain and I am a 92G cook. I am recommended for promotion in my evaluations but I don't want the obligations of being promoted in my unit because I see the job of running this kitchen as impossible to do well and the soldiers I would manage are cliquish, biased, uncooperative and poor at PT. The environment is too scary to want to stay or lead in; I've seen other good men get in trouble.
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma. But do not understand your specific questions.
You want to know how to prevent your commander from messing with your rank?
Customer: replied 2 years ago.
Yes, I have been an E-5 for 2+ years and I want to know if my CO can demote me without me committing any offenses or having any paper trail. He seems to think he can just assign me to an E-4 slot then make me an E-4 from what I heard. He seems to think he can lower my rank out of there not being an E-5 position available for me in my unit. I want to know if he can do this and how long it would take him to. So if he can, I could get out first.
Expert:  P. Simmons replied 2 years ago.
Thank you.
The army regulation that applies is found at ar 600-8-19.
This regulation allows the commander to reduce a soldier who is not performing as required of thier grade.
Your commander can prove that you're not performing your job as required? They can process you for reduction.
Before you be reduced you're entitled to a hearing; so you have an opportunity to present your side to the board of officers who will consider if you should be reduced
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 2 years ago.
I already read that regulation and am aware of it. I thought you might have experience seeing how it is implemented. Doesn't he need counseling statements or something to show a record of poor performance? Can he just say I am a poor performer and demote me out of thin air?
Expert:  P. Simmons replied 2 years ago.
I have a good bit of experience working with this regulation.
If you review the regulation you'll see there is no requirement of counseling statements prior to starting in the process.
That said you do have to due process rights. Specifically, you have the right to appear before the board and challenge any evidence presented by the government as well as to present evidence in your defense.
If you can convince the board you do not deserve to be reduced I expect they will vote in your favor.

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