“YES, VIRGINIA. A SERGEANT MAJOR CAN BE REDUCED TO A PRIVATE (E-1) WITHOUT A COURT-MARTIAL CONVICTION.”

Philadelphia, Pennsylvania, May 19, 2023.

Let me repeat that Soldier -- You. Can. Be. Reduced. To. E1. Without. A. Trial.

If you are eligible for retirement and facing allegations of misconduct and an administrative separation board (and you are, for example a Sergeant Major (SGM)), the Secretary of the Army CAN reduce your rank to E-1 for retirement. Yes … you read that right.

In September 2021, the Secretary of the Army published Army Directive 2021-29, Reduction in Grade for Enlisted Solders Pending Administrative Discharge for Misconduct. The Secretary expanded her statutorily authorized regulatory authority over the purely administrative rank of enlisted Soldiers. The Directive now permits the Secretary – or her designee, to reduce the grade of an enlisted Soldier with more than 20 years of federal service creditable toward retirement and who is pending administrative separation for misconduct.

In other words, a SGM facing allegations of misconduct for which they could face an administrative separation board can be reduced to E1 if the Secretary takes your statement and any information available to her and decides to reduce you to E-1, if she so choses. Probable, no. Possible, yes. It is within her statutory and regulatory authority and the realm of real possibilities, that a SGM could be reduced to any enlisted rank – depending on the circumstances. Most likely, she would reduce you to the last rank you held honorably. However, the reduction could consist of multiple ranks. On a good day, the Secretary may also consider your voluntary request to have your retirement rank – pay, benefits, and entitlements, reduced to a rank of your choosing.

If you are retirement eligible and facing an administrative separation board, we strongly recommend you consult with an attorney who fully understands the complex nature of the administrative status of enlisted rank, your issues, and how any reduction will affect your pay, benefits, and entitlements. The attorneys of MNB Meridian Law are considered the foremost experts in military personnel law and can help you navigate these complex issues and provide the strong advocacy necessary for you to leave the Service with the rank you earned and deserve.


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With more than 100 years of combined experience, the attorneys of MNB Meridian Law, Ltd. are the Nation’s foremost experts on military administrative law and the effects of administrative punishment on current Service members, as well as the life-long 2nd and 3rd order effects these issues will have on their post service lives. There is no reason to face an investigation, reprimand, relief from duty, administrative separation, ADSEP board, or other adverse action alone. MNB Meridian Law was purpose built to stand with you as you navigate the issues and defend your career, pay, benefits, entitlements, and reputation.