So I have a soldier who got into some trouble. He was a CPL at the time. He is currently pending FG AR15, in the meantime our PSG and PL took his CPL away. When he gets "read" by the BC, can the BC take rank again for the same offense? I know its a lateral promotion and all, but he was a NCO and now he is not so that in a sense is a demotion. I hope this makes sense. Please feel free to ask more questions.
Well inquiring minds would like to know what the Soldier did? According the the regs the maximum punishment from a field grade article 15 are as follows:
a. extra duty for 45 days b. restriction for 60 days (maximum of 45 days if combined with extra duty) c. oral reprimand or admonition d. forfeiture of one-half base pay per month for two months e. reduction in rank to E-1 (E-4 and below) or reduction in rank of one grade (E-5 & E-6 only).
I couldn't find anything that specifically addressed the issue of a lateral promotion, but what I gather is the punishment is a reduction of grade, thus a reduction in rank which is associated with that pay grade i.e. E=1 PVT, E=2 PV2, etc. Also it is usually understood that a CPL is in a leadership position, most often promotable and will proabably make SGT fairly soon. It's not necessarily a bad thing when a CPL is made a SPC if he/she is no longer acting in a leadership role, it's like going form 1SG to MSG, you're not going up or down, technically speaking.
He received a DUI off post. Also we are in korea i dont know if that makes any difference. I have told him that it is not a bad thing that he is not a CPL anymore but like you said he was in a leadership role and was a month away from making E-5. However his "NCO" status was taken away and i didnt know if that counted for anything when he finally see's the BC.
I know this is a little old but I just saw it. Here's my two cents. Refer to AR 27-10, para 3-19. Under Art 15, it's not a reduction in rank, it's a reduction in grade. CPL to SPC is not a redeuction in grade. So, no foul.