Is there anyway I can get my rank back without going back to the board?

Question

I got an Article 15 with 30 days extra duty/30 days restriction and dropped from a SGT to a SPC. The Battalion Commander said I could go back to the board in 6 months but I heard from a retired Army civilian that I could go to the Brigade Commander and he could re-enstate my rank. Is that true and is there a regulation or something I could use to help my case?

Answer 1

Go through the chain of command asking to talk to your Brigade Commander. If there is a regulation on this, go to your Admin section and look up the regulation. The Administrative Services Officer has a copy of every regulation that is published.

Answer 2

It's been a while since I read up on the UCMJ and its articles. I used to be in the Navy and was TAD to the Master at Arms for more than 6 months and part of my duties was helping to prepare initial reports on people being sent to Captain's Mast. The UCMJ is supposed to apply to all branches so even though I'm ex-Navy the info should still be relevant for you.

From what I can remember, you can appeal to the next higher person (i.e. the Commanding Officer of the person originally imposing the NJP), but s/he can chose to uphold the original ruling before sending the formal appeal to the JAG. In any case until that more senior officer (or the JAG) reviews the matter the original ruling will stand. If it takes more than 30 days, you'll be off restriction by then, but you'll stay a SPC until the ruling is overturned. If your case is strong enough, they may overturn the ruling, promote you back to your original rank, then compensate you with back pay lost from your reduction in rank, but it has to be pretty strong case to get that pay compensation element.

Depending on the original charges and the justification given by the original punishing officer, the Battalion Commander (if I understand correctly), you'll need to provide considerable evidence and witnesses that will lend credit to your case and counter the points of justification.

Here's the links I found that backs me up in more detail. Look for section (e) where its starts:

(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may...

This one is on About.com...
http://usmilitary.about.com/od/justicelawlegislation/l/blucmj15.htm

This one is on Military-Network, and has a cleaner format...
http://www.military-network.com/main_ucmj/SUBCHAPTERIII.html

Both are the UCMJ online. I tried to find the UCMJ.pdf, but the search just came up with a bunch of differnent arcticles and references to only subsections of the UCMJ, not the entire book. The Legal Department will definately have the UCMJ.pdf, a UCMJ CD-ROM, or an actual printed UCMJ book that can verify the online copy to be accurate.

You should be able to get additional advice and information from members of your command's Legal Department and they can assign a JAG lawyer to help build your case. Now, the Legal Department is SUPPOSED to be fair and provided you with the appropriate advice and information you need, but sometimes it doesn't play out that way because they have a heavy case load and end up putting little or no effort into helping you.

You may want to visit the Legal Department belonging to a completely seperate command. Since the people there are unfamiliar with the case, they can give you a fresh prespective and an honest opinion on how strong or weak your case really is.

I'd go the first day and spend just a few minutes asking for basic information from the lower Legalmen. Then before leaving I'd ask to schedule an appointment with a someone (like a senior enlisted legalman, but not a JAG lawyer yet) that you can sit down with for an hour or so and really discuss things to see if you really have a case to appeal the NJP. After this meeting you should known if you can take the matter up with your Brigade Commander. If it is determined that the evidence and witnesses in your case are strong enough, ask to schedule another appointment to help assemble your case. This might be done by the same senior enlisted legalman, or s/he may direct you to an actual JAG lawyer that can dig up references to past cases and rulings to support your argument, but all this depends on the original charges.

Sorry I couldn't be more help, I'm not an actual legalman, and like I said it's been a while since I dealt with anything related to the UCMJ and NJPs. You'll get a better idea of your chances of getting things overturned once you talk with people from the Legal Department.

One last peice of advice, If your going to fight this NJP ruling you need SOLID evidence and witnesses. You can't go in there with just your explanation of things... they'll just see it as a "sob story" and excuses for your actions that had you brought up on charges.

Good Luck.

Answer 3

Now there's a good idea; go over your Bn. COs head and try to undo what he did. Who do you think the Brigade Commander is going to side with? Just suck it up and wait it out or you'll create more problems for yourself.

Answer 4

No, you'll have to go back to the board. Not even the Brigade Commander can just give you your rank back, he can make it so they have to let you go back to the board.