The convening authority disapprove my first request for a General, UHC, now I submitted OTH. Can the reduction to lowest enlisted grade be negotiated or not?
If you receive an OTH then you will be administratively reduced to the rank of E-3. The administrative separation process does not generally provide for negotiations on rank, because administrative proceedings are not meant to be punishment; however, the command could reduce you though an Article 15 as a form of punishment then subsequently use the Article 15 conviction as a basis for your involuntary separation from military service. You should strongly consider getting a free consultation from an expert to make sure that you are getting the correct information as you contemplate your options.
If you are in the Army, and get an OTH, you are automatically reduced to E-1. There is no negotiation.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
According to AR 635-200, para. 1-13, "When a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade per AR 600–8–19, chapter 10."
It is non-negotiable.
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