Grade Determination Review - AGDRB

What is the Army Grade Determination Review Board (AGDRB)?

The Army Grade Determination Review Board (AGDRB) is a board created by Army Regulation AR 15-80 to determine the appropriate grade for a Soldier’s retirement.  The AGDRB considers individual cases that are referred to it in accordance with the Army Regulation.  It directs or recommends the final grade determination that affects an individual’s separation or retired pay.  The AGDRB decides cases on the evidence of record.  It is not an investigative body.  The AGDRB discussions and individual votes of members are privileged and confidential and will be disclosed only to those individuals in the decision-making process with a need to know.

What is the Purpose of the Army Grade Determination Review Board (AGDRB)?

 The Army Grade Determination Review Board (AGDRB) will make final discretionary grade determinations on behalf of the Secretary of the Army for 1) enlisted Soldiers at time of separation – this will usually apply only to disability cases, 2) retiring or retired enlisted Soldiers or warrant officers in 30-year cases, and 3) these final grade determinations will be by majority vote.  In all other cases considered by the AGDRB, including officer retirement cases, the members of the AGDRB will recommend to the appropriate authority the highest grade “satisfactorily served” by the officer for the purposes of calculating retirement pay.

What are the Service Regulations and Instructions that Govern Grade Determination Reviews in the Various Services?

The overarching law that governs the grade determination upon retirement of officers is outlined in Federal Law, 10 U.S. Code § 1370 (Regular Commissioned Officers).  It states that “if the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and the grade next lower to such lower grade shall be the retired grade of the officer under this section.”

Each service component has promulgated regulations regarding how to determine at what grade an officer should retire in the event there has been misconduct committed by that officer in the grade for which they are seeking retirement.  Below are the service component regulations that govern grade determination review in each service:

• Army – Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations).
• Air Force and Space Force – Air Force Instruction 36-3203, Chapter 8 (Service Retirements).
• Navy and Marine Corps – SECNAVINST 1920.6D, Enclosure 9 (Administrative Separation of Officers).
• Coast Guard – COMDTINST M1000.4, Paragraph 1.C.12.b. (CH-6 TO MILITARY SEPARATIONS).

While each of the Service Components have specific nuances to how they apply grade determinations upon retirement for Service Members who have engaged in misconduct in the rank upon which they are seeking retirement, all apply the same standard: that the Service Member is permitted to retire in the grade for which they have “satisfactorily” served.

What is the Composition of the Army Grade Determination Review Board (AGDRB)?

The Army Grade Determination Review Board (AGDRB) operates within the Office of the Secretary of the Army under the supervision of and as a component board of the Army Review Boards Agency (ARBA). The AGDRB consists of military officers senior in rank to, and in at least a grade equal to the highest grade held by the individual whose grade is being considered.  Additionally, at least one member of the AGDRB will be at least one grade higher than the highest grade held by the individual whose grade is being considered.  If the individual whose grade is being considered is a member of the Reserves, at least one member of the AGDRB must be a member of the Reserves in accordance with 10 USC § 12643.  The member is not required to be a member of the same component of the Reserves.  For example, if the individual under consideration is a member of the U.S. Army Reserves, the Reserve member may be part of the Army National Guard.  Three members constitute a quorum. A board recorder, if appointed, will be an additional member without vote who assists the AGDRB with its deliberations.

Is there a Difference in the way the Army Grade Determination Review Board (AGDRB) Handles the Retirement of Enlisted and Officer Soldiers?

Usually, both officers and enlisted members are retired in the grade that they serve when they submit their retirement paperwork.  In some instances, enlisted Soldiers may be promoted upon retirement but not reduced.  In other instances, officers may be reduced upon retirement but not promoted.  The Army Grade Determination Review Board (AGDRB) handles these Soldiers differently.

Enlisted Soldiers – While enlisted Soldiers may be reduced in grade by courts-martial, nonjudicial punishment proceedings (see UCMJ, Art. 15), administrative separation proceedings, or inefficiency boards, enlisted grade determinations by the AGDRB cannot result in reduction of an enlisted Soldier’s or retiree’s current grade.  Enlisted grade determinations will result in either a decision to retain the individual’s current grade or to advance to a higher grade in which the individual satisfactorily served or to which advancement is otherwise provided by law.

Officer Soldiers – The Army Grade Determination Review Board (AGDRB) can reduce officers to the last grade they satisfactorily held.  This could be a single grade reduction, or in the instance of continuing misconduct, it could be a multiple grade reduction.

Can Enlisted and Warrant Officer Soldiers Utilize the Army Grade Determination Review Board (AGDRB) to Get Promotions upon Retirement?

Certainly.  There are many instances when an officer has resigned his commission and continued service either as an enlisted Soldier or as a Warrant Officer.  The Army Grade Determination Review Board will review those cases and make a grade determination based on the service of the applicant.  For instance, a commissioned officer Captain may resign his commission to become a CID Special Agent and complete Warrant Officer Candidate School.  Upon retirement, the Soldier is in the grade of Chief Warrant Officer 3.  The AGDRB would evaluate that service record to determine whether the Soldier should be retired as a Captain or as a Chief Warrant Officer 3.

What Rights Does an Officer Have When the Army Grade Determination Review Board (AGDRB) is Reviewing their Service Record (AMHRR)?

The Soldier whose case is being considered by the Army Grade Determination Review Board is not entitled to appear before the AGDRB.  The AGDRB may consider any evidence relevant to the grade determination regardless of whether the information is part of the Soldier’s Army Military Human Resource Record (AMHRR).  Any evidence not contained in the Soldier’s AMHRR will be referred to the Soldier for review and comment unless the Soldier has previously been provided the evidence or the Soldier is known to possess it.  Before the AGDRB may consider any evidence, the individual who is being considered for grade reduction will be advised: 1) that their grade will be considered by the AGDRB, 2) of what evidence will be considered, 3) of the right to consult with a military lawyer, or seek private civilian counsel at no expense to the Government, and 4) of the opportunity within a reasonable period of time to submit matters in writing for consideration by the Army Grade Determination Review Board (AGDRB).  Thirty days from the date of notification will usually, but not always, be deemed a reasonable period in which to respond. The Senior Legal Advisor, ARBA, or an attorney designee, may grant requests for extensions of time to respond based upon a showing of good cause.

What Factors Does the Army Grade Determination Review Board (AGDRB) Consider When Evaluating the last Grade an Officer Served Satisfactorily?

 A grade determination by the Army Grade Determination Review Board (AGDRB) is an administrative decision to determine appropriate retirement grade, retirement pay, or other separation pay.  Although a lower grade determination may affect an individual adversely, such determinations under this regulation are not punitive.  The AGDRB will consider each case on its own merits.  Generally, determination will be based on the Soldier’s overall service in the grade in question.  Circumstances pertinent to whether such service is found satisfactory include, but are not limited to, the following:

Medical Reasons – Medical reasons, which may have been a contributing or decisive factor in a reduction in grade, misconduct, or substandard performance.  A medical justification for conduct considered the basis for a potential grade reduction could mitigate against the reduction and convince the AGDRB to permit the officer to retire in the current grade despite misconduct and performance issues.

Compassionate Circumstances – The AGDRB may consider the officer’s personal circumstances, such as health, family situation, and financial needs, when deciding regarding their retirement grade determination.  These compassionate circumstances are usually not contained in the AMHRR and must be raised by the officer pending a grade determination by the AGDRB.

Length of Service – Length of otherwise satisfactory service in the grade in question, before and after the misconduct is a relevant consideration by the Army Grade Determination Review Board (AGDRB).  Additionally, the AGDRB cannot waive statutory “time in grade” requirements for retirement at the current grade.

Performance Evaluations – Outstanding performance level, as reflected in evaluation reports and other portions of the service record that reflect performance, will be considered by the AGDRB.  In reviewing these matters, the AGDRB will also consider whether reporting officials were aware of the misconduct giving rise to the grade determination at the time of the evaluation reports.  On the other hand, the AGDRB may consider if the officer has failed to meet performance standards or has demonstrated poor judgment, which may have led to negative consequences for their unit or the Army as a whole.

Nature and Severity of Misconduct – Although the punishment an individual has received may be one factor in determining the seriousness of misconduct, the amount of punishment will not be considered in determining whether the individual has been “punished enough.”  Grade determinations by the AGDRB are not considered punitive, and the standard for grade determinations is “highest grade satisfactorily served,” not whether the individual has been sufficiently punished.

Ethical Violations – The AGDRB may consider if the officer has violated the ethical principles of the Army, including those related to the treatment of subordinates, adherence to Army values, and the proper use of government resources.  Such ethical lapses could serve as the basis for a reduction in grade at retirement.

Non-Compliance with Army Regulations – The Army Grade Determination Review Board (AGDRB) may consider whether the officer has shown a pattern of non-compliance with military regulations or orders, which may indicate a lack of commitment to the core values of the Army.  While individually the non-compliance with an individual regulation or order would be insignificant, when taken as a whole, and considering the complete service record, may justify a reduction in grade.

Grade at Time of Misconduct.  The AGDRB will also consider the grade at which the misconduct was committed and the grade at which the misconduct was addressed by proper authorities.  This will give the AGDRB an idea of the rehabilitation of the officer regarding the misconduct.  The more time that has passed, the more the opportunity for the Soldier to have “learned” from their prior mistake.

Derogatory Information in the AHMRR that Could Trigger Review – Unfavorable information contained in the AHMRR, or official file of an officer could trigger review by the Army Discharge Review Board.  These derogatory items include GOMORs, Poor Performance Evaluations, Referred Evaluations, Relief for Cause Evaluations, Nonjudicial Punishment, results of Boards of Inquiry, results of Courts-Martial, unfavorable Promotion Review Board results, and law enforcement reports of Sexual Misconduct.

What Matters Should be Addressed in an Officer’s Submission of Matters for Consideration by the Army Grade Determination Review Board (AGDRB)?

All the matters listed above should be addressed in an officers submission of matters to the Army Grade Determination Review Board (AGDRB) including the following: Medical justifications, compassionate justifications, positive performance evaluations during and after the misconduct, the minor nature of the misconduct, circumstances surrounding the misconduct (mitigation and extenuation), overall length of service, length of service in grade, a complete list of the direct and collateral consequences suffered as a result of the misconduct, and letters from superior officers indicating the officer should be retired in their current grade and reason for such opinion.  Since the results of an adverse finding by the AGDRB could result in a loss of thousands of dollars a month, and hundreds of thousands of dollars over the lifetime retirement of the officer, if an officer has received notice or review by the AGDRB, they should immediately contact a military lawyer at the Law Office of Will M. Helixon to discuss how to best respond and develop a plan to preserve their retirement.

What Are the Effects of a Grade Reduction Determined by the Army Grade Determination Review Board (AGDRB)?

The AGDRB can reduce an officer one or more grades based on misconduct at retirement because the officer had not “satisfactorily” served in the grade for which they are seeking retirement.  For general officers, the authority to reduce the officer is with the Service Component Secretaries (Secretary of the Army for example), but they have the same power as the AGDRB.  Using the FY 2023 pay chart, the reduction from Colonel to Lieutenant Colonel for a Soldier with 26 years of service, the difference in pay would be significant.  A 55-year-old Colonel with 26 years of service would receive the base pay of $13,311, while the base pay for a Lieutenant Colonel would be $10,862.  Assume for argument that was the also the average of the top three years of pay in their respective grades.  At 26 years, the Soldier would get 65% of their base pay.  For the Colonel, that would be $8,652 in retirement a month.  If the officer was reduced to Lieutenant Colonel, the retirement would be $7,060 a month.  This is a difference of $1,592 a month, or $19,104 a year.  With a life expectancy of 85 years, that would be 30 years of retirement, or a grand total of $573,120 over the course of the officer’s retirement – over a half a million dollars lost because of the decision of the Army Grade Determination Review Board (AGDRB)!!

Because of the significant financial loss at risk, call a military lawyer at the Law Office of Will M. Helixon if you are facing reduction at the AGDRB to draft the most effective and comprehensive response possible to make every effort to preserve your hard-earned retirement benefits.

What Are Some Examples of Actions Taken by the Secretaries of the Various Service or Army Grade Determination Review Board (AGDRB) in Reducing Officers?

In addition to clients that we have advised at the Law Office of Will M. Helixon, I have personally served with multiple officers in my 26-year military career who faced reduction at the Army Grade Determination Review Board (AGDRB).  In all those cases, the AGDRB was triggered by the filing of a GOMOR in the officer’s official file.  From my personal experience, about half of my colleagues who faced reduction were reduced.

There are plenty of reported examples of officers being reduced because of misconduct.  I was the prosecutor in the case of the United States v. BG Sinclair while I was a prosecutor on active duty.  The case ultimately resulted in a plea agreement where BG Sinclair admitted multiple offenses dating back to the time when he was a Colonel brigade commander.  After the court-martial where he was reprimanded and fined, the Secretary of the Army reduced him to the last rank he “satisfactorily” served – Lieutenant Colonel.

Other cases involve an Army Major General who had a long-term inappropriate relationship dating back to when he was a Colonel who was reduced to Lieutenant Colonel and an Air Force General (4-star) who was reduced to Major General for sexual misconduct.  The ability of the Service Secretary or the Army Grade Determination Review Board (AGDRB) to reduce a Service Member’s grade is one of the most far-reaching and consequential powers in the service.

Can a Service Member Appeal the Decision of the AGDRB to the Service Component BCMR?

Yes.  The Service Component Boards for Correction of Military Records (BCMR) have very broad authority to review and correct errors or injustices in a service member’s military record, AMHRR, or officer record brief (ORB).  This includes reductions of officer’s grades made by the Army Grade Determination Review Board (AGDRB).

How can the Law Office of Will M. Helixon Assist a Service Member who has been Given Notice of a Review by the AGDRB?

The military lawyers at the Law Office of Will M. Helixon have vast experience advising commanders who have caused derogatory information to be filed in the Service Members official file (AMHRR) in their over 40 years of military experience.  Additionally, both Will M. Helixon and John Caulwell have served as both military prosecutors and military defense lawyers, and currently live in Germany.  Their extensive experience and knowledge of defending Service Members facing reductions in grade will be valuable for those facing pending reduction by the AGDRB.  The best way to avoid a reduction by the AGDRB is to do everything in your power to remove derogatory information from the official file before a grade determination is triggered.  We can assist Service Members do that.   Further, the Law Office of Will M. Helixon can assist Service Members in developing the best possible response to notice from the AGDRB.  Finally, in the appropriate cases, the Law Office of Will M. Helixon can assist Service Member apply for relief from their Service Component Board of Correction for Military Records to reverse the decision of any negative decision by the grade determination authority, and in the Army, the AGDRB.  Call the Law Office of Will M. Helixon to set up a consultation today.

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.