Army Regulation 135-155
In accordance with Army Regulation 135-155, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers, paragraph 3-18; the appointment of an officer may be delayed in any case in which there is cause to believe that the officer is mentally, physically, morally, or professionally unqualified to perform the duties of the grade for which he or she was selected for promotion.
Commanders, Human Resources Command, and Office of Promotions may recommend officers for removal from a promotion list for such reasons as a referred evaluation or academic report, non-judicial punishment, a courts-martial conviction, a Letter of Reprimand or GOMOR, or other adverse information in his or her Official Military Personnel File.
For many officers and warrant officers, a promotion to the next higher grade is delayed or withdrawn due to negative information in their permanent records. In such cases, the Soldier will be given the opportunity to demonstrate to Human Resources Command that they deserve to have his or her name retained on the promotion list. Officers should elect to submit a written rebuttal to Human Resources Command to challenge their potential removal from a promotion list.
There are often a variety of arguments that a Soldier can utilize to effectively rebut their proposed denial of a promotion, including attacking the validity of the unfavorable information in their OMPF or by demonstrating to Human Resources Command that their performance and leadership traits outweigh any negative information.
Secretary of the Army
Once the Soldier submits his or her rebuttal to the Promotion Review Board, the PRB will recommend to the Secretary of the Army one or more of the following:
- retention on the promotion list
- removal from the promotion list
- that the Soldier show cause for retention on active duty
Before an officer or warrant officer undertakes the daunting task of writing a rebuttal to the Promotion Review Board, he or she should speak with a knowledgeable attorney about why they were selected for review by the PRB and what arguments should be presented. Soldiers should not let the opportunity for promotion slip their hands without a fight.
Don’t lose your Promotion
The attorneys at Crisp and Associates are experienced in all avenues of administrative military justice, including rebuttals to the PRB. Contact us today for a Free consultation.