Administrative Reduction Boards for Enlisted Soldiers

What is an Administrative Reduction Board for Enlisted Soldiers?

Administrative reduction boards play a critical role in the United States Army’s personnel management system. Convened under Army Regulation 600-8-19, these boards serve the purpose of evaluating cases involving the potential reduction in rank of enlisted soldiers. To determine whether a Soldier needs to hire a civilian military lawyer from the Law Office of Will M. Helixon to assist with representation at the administrative reduction board, it is important to have a comprehensive understanding of  administrative reduction boards, including their formation, purpose, decision-making processes, factors considered, soldier rights, and the information and evidence that should be submitted on behalf of the soldier at the board.

How is an Administrative Reduction Board Formed and What is its Purpose?

Administrative Reduction Boards are convened in accordance with Army Regulation 600-8-19, which outlines the regulations and procedures governing the reduction of enlisted soldiers in rank. These boards are established to ensure a fair and equitable process in reviewing cases that may result in the reduction of a soldier’s rank due to disciplinary infractions, such as civilian convictions, unsatisfactory performance, or other administrative reasons.  The primary purpose of an administrative reduction board is to provide an opportunity for a fair and impartial review of the soldier’s performance or conduct, allowing them to present evidence and arguments in their defense. The administrative reduction board seeks to determine whether the proposed reduction in rank is warranted and in accordance with the Army’s regulations and policies.

Who is Entitled to an Administrative Reduction Board?

An administrative reduction pursuant to AR 600-8-19 is a reduction in grade or grades not as a result of a court-martial sentence or any other action under the UCMJ.  Except for voluntary reductions or limited required reductions the result of a civilian conviction and confinement, a reduction board is mandatory for Corporals and Specialists administratively reduced more than one grade and for all Non-commissioned Officers (Sergeant through Sergeant Major) when administratively reduced for misconduct and for inefficiency. Board appearance may be declined in writing and will be considered as acceptance of the reduction board’s action. Individuals in the rank of Corporal and below may be reduced up to one grade without action by a board. Individuals in the rank of Private First Class may be reduced two grades without a board. If a Soldier in the rank of Corporal or Specialist and below is being reduced one grade without referral to a reduction board, the reduction action must be completed within 30 duty days upon receipt of documentary evidence and before separation or retention is considered.  The reduction authority may extend the 30-day limitation for good cause. A written justification must be included in the file if an extension is granted.

Who is the Reduction Authority or Convening Authority for Administrative Reduction Boards?

The Reduction Authority or Convening Authority depends on the rank of the Soldier being reduced.  For Corporals or Specialists and below, the Convening Authority is company, troop, battery, and separate detachment commanders.  For Sergeants and Staff Sergeants, the Convening Authorities are field grade commanders of any organization authorized a Lieutenant Colonel or higher rank commander. For separate detachments or companies, the reduction authority will be the next higher headquarters within the chain of command. The higher headquarters must be authorized a commander in the rank of Lieutenant Colonel or higher.  For Sergeants First Class, Master Sergeants and First Sergeants, and Sergeants Major, the Convening Authorities are commanders of organizations authorized a commander in the rank of Colonel or higher. For separate detachments or companies, the reduction authority will be the next higher headquarters within the chain of command. The higher headquarters must be authorized a commander in the rank of Colonel or higher.

What Type of Civilian Convictions can Result in an Administrative Reduction Board?

A Soldier convicted by a civil court (domestic or foreign) will be reduced or considered for reduction according to AR 600-8-19 (see Table 10–2).  On receipt of civil documents establishing a sentence (imposed or vacation of a suspended sentence) or a finding of guilty with sentence to be established at a later date, reduction action will be taken in accordance with the regulation.  A Soldier may be reduced even though an appeal is pending or has been filed.  When an administrative reduction board is required, it will convene after receipt of documentary evidence and before separation or retention is considered (AR 635–200 or AR 135–178) unless the Soldier waives it in writing.  Commanders will publish orders and enter the reduction in the military records of the Soldier, if it is a mandatory reduction or discretionary reduction without the need of an administrative reduction board. The Soldier will be notified, in writing, of the right to appeal the reduction. The written notification will include the time limits and procedures for an appeal.  If the conviction is reversed, the Soldier will be restored to the former rank.  Below are the rules regarding civilian convictions:

Confinement of More that One (1) Year:  Soldiers of any rank will be reduced to the lowest enlisted grade without referral to an administrative reduction board.

Confinement of More that Thirty (30) Days but Less than One (1) Year:  This also applies to sentences over one (1) year but suspended.  For Soldiers in the rank of Corporal or Specialist or above, the reduction authority may reduce the Soldier one grade without board action. Reduction of more than one grade must be referred to an administrative reduction board.  For the ranks of Private First Class and below, the Soldier can be reduced to the lowest enlisted grade without referral to an administrative reduction board.

Confinement of Less than Thirty (30) Days:  For Soldiers in the rank of Sergeant or above, and the reduction authority thinks reduction may be appropriate, the reduction authority must refer the matter to an administrative reduction board to consider reduction of one or more grades.  For Soldiers in the rank of Corporal or Specialist or below, and the reduction authority thinks reduction may be appropriate, the reduction authority may reduce the Soldier one grade without referral to an administrative reduction board. Soldiers in the rank of Private First Class may be reduced more than one grade without referral to a reduction board..

What Type of Unsatisfactory Performance can Result in an Administrative Reduction Board?

Inefficiency is a demonstration of characteristics that shows that the person cannot perform duties and responsibilities commensurate of the Soldier’s current rank and duty position (MOS). For the purpose of administrative reduction, inefficiency must be predicated on a pattern of acts, conduct, or negligence that clearly shows the Soldier lacks the abilities and qualities normally required and expected of the Soldier’s rank and experience. Although commanders may consider misconduct, including conviction by civil court, as bearing on inefficiency, misconduct alone will not be the basis for an administrative reduction for unsatisfactory performance or inefficiency.  An administrative reduction for inefficiency is limited to Sergeants and above and to one grade.  In such cases, referral to an administrative reduction board is required.

What Other Administrative Reasons can Trigger an Administrative Reduction Board? 

Soldiers in the rank of Sergeant and above may be administratively reduced one rank for longstanding unpaid personal debts that they have not made a reasonable attempt to pay.  In such cases, referral to an administrative reduction board is mandatory.

How is an Administrative Reduction Board Convened and Initiated?

The decision to convene an administrative reduction board is made by the Soldier’s commanding officer who is a reduction authority.  The reduction authority (convening authority) initiates the process upon identifying circumstances that may warrant a rank reduction. The commanding officer, acting as the convening authority, must follow the guidelines and procedures outlined in Army Regulation 600-8-19, ensuring that the process adheres to due process and fairness.  An administrative reduction board will be convened within 30 days after written notification is given to the individual. The reduction authority may extend the 30 duty day limitation for good cause. A written justification must be included in the file if an extension is granted.  A Soldier must have served in the same unit for at least 90 days prior to being reduced for inefficiency.  The commander initiating the reduction action will present documents showing the Soldier’s inefficiency to the reduction authority.  Documents will establish a pattern of inefficiency rather than identify a specific incident.  Reduction for inefficiency will not be used for the following: 1) to reduce Soldiers for actions for which they have been acquitted because of court-martial proceedings or civil proceedings, 2) in lieu of UCMJ, Article 15, or 3) to reduce a Soldier for a single act of misconduct.

What is the Composition of the Administrative Reduction Board?

The board members will be appointed in writing.  It is the duty of the reduction or convening authority to ensure that the administrative reduction board is composed of officers and enlisted personnel of mature judgment and senior in grade or “date of rank” to the Soldier being considered for reduction.  At least one board member will be thoroughly familiar with the Soldier’s field of specialization for cases alleging inefficiency.  The board will consist of at least three voting members and will have both officer and enlisted voting members.  The board is composed of unbiased members and the board must have an officer or NCO who is senior by grade or date of rank of the same gender as the Soldier being considered for reduction.  If the Soldier being considered for reduction is a member of a minority group, the board will, on written request of the Soldier, include an officer or NCO who is senior by grade or date of rank and also is a minority group member if such a member is reasonably available. When requested, the appointed board member normally will be of the same minority group as the Soldier being considered; however, non-availability of a member of the same minority group will not preclude convening of the board. In the event of non-availability, the reason will be stated in the record of proceedings.  The board has a recorder without a vote, usually the trial counsel.  No Soldier with direct knowledge of the case shall be appointed to the board.  If unbiased members are not available, such members will be provided by the next higher commander.

What are the Rules Governing an Administrative Separation Board and What are the Soldiers Rights?

Soldiers facing administrative reduction have certain rights to ensure a fair and just process. Generally, these rights include the right to be notified in writing of the proposed reduction, the right to review and respond to the evidence against them, the right to be represented by legal counsel or a spokesperson, the right to call witnesses in their defense, the right to cross-examine witnesses presented by the command, and the right to present evidence and arguments on their behalf.

Notification of Action and Hearing:  The commander seeking to reduce the Soldier will inform them, in writing, of the action contemplated and the reasons. The Soldier will acknowledge receipt of the memorandum by endorsement and may submit any pertinent matter in rebuttal. Any matter submitted by the Soldier must be considered by the reduction board and reduction authority prior to rendering a decision.  A Soldier who is to appear before the board will be given at least 15 duty days written notice before the date of the hearing. The Soldier or their counsel must have time to prepare the case.

Right to Counsel:  If the Soldier requests counsel, the convening authority will determine if either of the following is appropriate: 1) Military counsel is reasonably available, or 2) if a judge advocate is available, the request is forwarded to the local Trial Defense Service official for necessary action.  Determinations as to the availability of judge advocates will be accomplished by the requested individual’s Trial Defense Service supervisory official. Determinations as to the availability of judge advocates or named counsel are final.  Notification of a board hearing date will be made only after counsel is available as requested by the Soldier.

Right to Call Witnesses:  The recorder will, on request of the Soldier or their counsel, arrange for the presence of any reasonably available witness or witnesses they desire to call on their behalf.  Copies of all written affidavits and depositions of witnesses who are unable to appear before the board will be furnished to the Soldier or their counsel as appropriate.  The president of the board will ensure that enough testimony is presented to enable the board members to 1) fully and impartially evaluate the case, 2) be objective in their deliberations, 3) arrive at a proper recommendation, 4) consider those abilities and qualities required and expected of a Soldier of that rank and experience, and 5) determine the best interests of the Army.  Army Regulation (AR) 15–6 does not apply to an administrative reduction board.

Recommendations of the Board:  The board may recommend an administrative reduction within the limits established in the regulation, retention of current rank, or reassignment in rank.  A retention in current rank recommendation may include a recommendation that the Soldier be removed from an HQDA or a recommended list.  A majority of the appointed members of the board will constitute a voting quorum and must be present at all sessions.  The convening authority may approve or disapprove any portion of the recommendation of the board. The convening authority may not increase the severity of the board’s recommendation.  Approved reduction recommendations are effective immediately without regard for appeal procedures unless suspended by the convening authority. In the instance of reduction for inefficiency, the convening authority may direct suspension of the reduction for a period not to exceed 6 months. If the suspension is not vacated during this period, reduction may be only accomplished by convening a new reduction board.  A recommendation to remove a Soldier from an HQDA recommended list will be forwarded by the convening authority to either the GCMCA or to the first Army general officer commander who has a judge advocate or a legal advisor available.  The GCMCA or Army general officer commander with a judge advocate or legal advisor available will review the proceedings and take final action thereon.  If the recommendation to remove the Soldier from the recommended list is approved, the approving authority will notify Commanding General Human Resources Command (HRC).  HRC will administratively remove the Soldier from the recommended list.  If the approving authority does not concur with the recommendation, the action will be returned through command channels to the convening authority with the reason for disapproval.

What Evidence and Factors are Considered by Administrative Reduction Boards:

Evidence Justifying Reduction in Rank:  Administrative reduction boards consider a range of factors when evaluating a Soldier’s case. The factors justifying a reduction in rank may include the severity of the offense or substandard performance, and such evidence will be considered.  This evidence may include: 1) statements of counseling and documented attempts at rehabilitation by chain of command or supervisors, 2) record of performance, acts, conduct, or negligence during the period concerned, 3) correspondence from creditors, attempting to collect a debt from the Soldier, and 4) adverse correspondence from civil authorities.

Evidence Justifying Keeping Rank:  To strengthen their case during an administrative reduction board, Soldiers should submit relevant information and evidence that may help support their defense. This may include documentation of exceptional performance, testimonies from colleagues or subordinates, evidence of mitigating circumstances, character references, the Soldier’s potential to perform at the desired level in the future, and any other pertinent information that demonstrates the Soldier’s potential for improvement or rehabilitation. The administrative reduction board assesses these factors to determine whether a reduction in rank is appropriate and proportionate to the offense committed and inefficiency alleged.

Can a Soldier Appeal an Administrative Reduction Board Findings to the BCMR?

Yes, the enlisted Soldier can appeal the decision to administratively reduce them in rank to their appropriate service component Board of Correction for Military Records or Discharge Review Board.  The BCMR has broad powers to reverse the findings of the administrative reduction board and reinstate the rank of the enlisted Soldier.  The Army BCMR’s jurisdiction under 10 USC 1552 extends to any military record of the Department of the Army.

What can the Law Office of Will M. Helixon do to Assist a Soldier Facing an Administrative Reduction Board?

Although not explicitly provided for in the regulation, the military lawyers at the Law Office of Will M. Helixon can represent the Soldier at the administrative reduction board and present evidence and argument as to why they should not be reduced in rank.  Since there is no guarantee for civilian counsel provided in the regulation, the military lawyer must be flexible to meet the board’s schedule.  Additionally, the military lawyers at the Law Office of Will M. Helixon can build the Soldier’s response to the board by compiling the evidence they need to put their best foot forward to justify keeping their current rank.  Since one of the consequence of the board could be loss of rank and associated pay, it is important to contact a military lawyer at the Law Office of Will M. Helixon to discuss the best course of action to retain one’s current rank.

More about the Law Office of Will M. Helixon.

Will M. Helixon established the Law Office of Will M. Helixon in February of 2016.  Originally headquartered in Kansas City, Missouri, the firm’s original mission was to defend members of the military in courts-martial, adverse administrative proceedings and other criminal proceedings. Today, the firm has worked as military lawyers in multiple complex and high-profile military cases.  The firm now handles most military matters, including medical issues involving the MEB/PEB process, adverse administrative matters, military justice matters including Nonjudicial Punishment, Administrative Separation Boards, and Boards of Inquiry, and legal assistance matters, including rebutting GOMORs and the correction of military records.  No longer in Kansas City, the firm now has a European office physically located in Vilseck, Germany and in Wiesbaden, Germany.  Call us today to assist with your legal issue in Germany or the United States.  All military lawyers at the Law Office of Will M. Helixon maintain licenses to practice before all military trial courts.