Legal Question in Military Law in New York

Reduction

I am in a very compromising position; I am an Army Sergeant, but I don't trust my Platoon Sergeant, nor my 1SG. They were talking about reducing me to the grade of E4 for inefficiency. They have no documents that specified I fail or default in my job or mission. They just perceive me ''soft'' because I am an introvert type. I do relate better with the Soldiers because they are not arrogant as the NCOs. I am also accused of ''hanging out'' out with Soldiers, by my Plt. Sgt, he is just blowing smoke. I am sure my pt. sgt will try to take my rank, so how can I defend myself from an administrative reduction?


Asked on 1/03/09, 6:11 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Reduction

There are only two ways you can be reduced outside of a court-martial. First, as a punishment under Article 15, UCMJ, assuming that they have sufficient "evidence" to support that you are guilty of some offense under the UCMJ, e.g., dereliction of duty.

The other way is a formal Demotion Board - an Administrative Board where they claim you are not entitled to the rank you have for whatever reasons.

If you are at Ft.Drum, try and get an appointment with a Defense Lawyer at the Trial Defense Services office there. If you can't, then your only other real option is to try and talk to your Company Commander and get his/her recommendations.

But, have you talked to your First Sgt and specifically asked what the "problem" is? Sometimes that's the easiest and best way to handle those types of problems - you cannot meet expectations if you don't know what those expectations are.

Good Luck,

Don Rehkopf

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Answered on 1/04/09, 4:15 pm


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