promotion withheld?

[desertdragon609]

What is the name of your state (only U.S. law)? CA

Active duty navy awaiting the chief petty officer (E-7) results to come out first week of august. I am looking at going to trial for a DUI (occured in march) in september-october, my command is waiting until the issue is adjudicated out in town before taking any actions (NJP), because the case is a very close call. IF I am selected for chief, before the case is settled, can they withold, or deny the advancement, and if so, on what grounds?

[fozzy2]

The simple answer is "Yes".

The pertinent instruction would appear to be BUPERSINST 1430.16E

Once you have reached your "effective date of advancement" it is pretty much too late for your command to do anything. However, prior to that date your command can take action to "delay" your advancement. Normally your command can only delay your advancement until a certain "limiting date" for your selection cycle, probably August 31. To delay it further they will need special permission from somewhere in the bureaucracy. In either case, you will be asked to sign a service record entry.

Any time prior to your effective date of advancement, your CO/OIC can withdraw your recommendation.
"b. Withdrawal of Recommendation for Advancement. COs/OICs may withdraw a recommendation for advancement at any time the member is determined to be no longer qualified for advancement. Withdrawal of an advancement recommendation is the prerogative of the CO/OIC whether or not the recommendation was made by the member's present CO/OIC. COs/OICs are advised that withdrawal of an advancement recommendation is a permanent action (for that advancement cycle) with no administrative recourse. When withdrawing a recommendation for advancement, take the following actions:" service record entry, lots of messages, etc.

So it is possible that your command will delay your advancement to see how the whole mess turns out. If it decides that you no longer merit promotion, it can withdraw its recommendation. The odds of being promoted to CPO without command recommendation? I've never heard of it being done. On the other hand, your command could just promote you on schedule and deal with your problems when/as they become ripe. Given the current Navy environment, I rather doubt that.

If your command totally drops the bureaucratic ball and does not take the necessary actions prior to your "effective promotion date" (which should normally be some time in August if you make the cut), then you are an E-7 and it is too late for them stop it. But I would expect your Chief's initiation might be less than pleasant.....

[ElvisG]

Fozzy is 100% correct. My friend got a DUI and got his E-6 promotion withheld. Heck, one command I was at withdrew my promotion to E-5 because I failed my 2nd PRT in a roll. That's ok. I made it again the next test cycle and within 5 years in.

[desertdragon609]

thats why I am curious, because I actually havent been convicted of anything yet. I figure my command would have pulled the reccomendation by now, or sent me to mast for article 92 before I even went to court (which i have heard of too). I wont go to trial until the end of september, possibly october. So a CO can pull the recommendation, just based on the fact that I was arrested, and later if I am convicted of a DUI send me to NJP for article 111, or use article 92 anyway even if I am found not guilty at trial. I'm almost hoping I'm NOT selected for chief this year, I'd rather not be selected and let someone else fill the quota then find out I made it and have it taken away in the same instant.

[fozzy2]

The withdrawal of a recommendation is not supposed to be a punitive action nor a substitute for a punitive action. Whether or not you get NJP or other charges is supposed to be decided apart from the decision on whether to support your promotion. Your command could decide that even if your actions didn't warrant punitive action, they nonetheless refected poor judgment that the Navy doesn't want in a Chief -- i.e. being promoted is supposed to be a rather higher standard than "no charges stick." The fact that your command has not acted yet may actually be a good sign. It apparently does not feel that the facts that it knows now warrant a withdrawal (or, perhaps, they are just real slow at admin procedures). The command can withdraw your recommendation at any time, if they haven't done it yet there is a chance that they won't. They may just be waiting to see if there are any surprises -- for example, if there may be more charges coming or if the civilian prosecutor may increase your charges.