Personnel Decisions
Promotion Withholds and Removals
Three commander actions on promotions: withhold pending investigation or action, request removal from a selection list, and respond to promotion delays. MCO P1400.32D governs. Each action has specific notification, timing, and appeal requirements.
Command Actions
- Identify the trigger for the withhold or removal recommendation
- Notify the Marine in writing with specific basis
- Provide opportunity to consult counsel and submit rebuttal
- Coordinate with SJA on contested actions
- Route the withhold or removal recommendation per MCO P1400.32D
- Document the action and the basis on Page 11
- Track the timeline for resolution
Three Commander Actions on Promotions
The CO interacts with promotion decisions in three ways.
| Action | Trigger | Effect |
|---|---|---|
| Promotion withhold | Pending adverse action or investigation | Marine's promotion delayed pending resolution |
| Promotion removal recommendation | Conduct or performance issue post-selection | Recommend removal from selection list |
| Response to delay | Higher-headquarters delay | CO advocates for or against the delay |
A withhold is unit-level. A removal is M&RA-level via recommendation. A delay is set higher than the CO.
Promotion Withhold
A CO has authority to withhold a Marine's promotion when there is pending adverse action or investigation affecting promotion eligibility. The withhold is administrative, not disciplinary.
When a withhold is appropriate
| Trigger | Withhold Rationale |
|---|---|
| NJP pending | Outcome risks reduction or unsuitability finding |
| Court-martial referred | Conviction would change promotion eligibility |
| AdSep processing initiated | Outcome risks removal from the Corps |
| OSTC covered-offense case open | Disposition pending |
| Command investigation underway | Findings risk affecting eligibility |
| Substandard performance under documented review | Pattern requires resolution |
| Failure to maintain qualification required for the next grade | Standards issue |
| Pending PERB appeal on a prior matter | Resolution affects record |
Procedure
- Written notification to the Marine. Specific basis. Effective date of withhold. Expected duration.
- Opportunity for the Marine to consult counsel and submit rebuttal.
- CO signs the withhold directive.
- Documentation in MOL promotion module and via S-1.
- Page 11 entry per MCO P1070.12.
- Notification up the chain per local SOP.
- Periodic review (typically every 30 days) of the basis.
Resolution paths
A withhold resolves in one of three ways:
- Underlying action favorable to the Marine. Withhold lifted. Marine promoted with backdated effective date if appropriate.
- Underlying action adverse but not disqualifying. Withhold lifted. Marine promoted with current effective date.
- Underlying action disqualifying. Withhold leads to removal recommendation or other adverse action.
Common withhold failures
- Withhold imposed without written notification. Procedural defect.
- Withhold imposed without specific basis. Defect grounds.
- Withhold left in place after the underlying issue resolved. Marine challenges and wins.
- Withhold imposed on hearsay rather than verified fact. Defect.
Promotion Removal Recommendation
A Marine selected for promotion but not yet promoted is subject to removal recommendation if conduct or performance disqualifies them.
Authority
The CO recommends removal. The decision authority is M&RA per MCO P1400.32D. The path:
- CO identifies the basis
- CO notifies the Marine in writing
- Marine has opportunity to consult counsel and submit rebuttal
- CO submits removal package via the chain
- M&RA / Commandant adjudicates
- Result: Marine promoted (no removal), or Marine removed from selection list
When removal is appropriate
- NJP imposed between selection and promotion with adverse impact
- Court-martial conviction between selection and promotion
- AdSep proceeding initiated and characterizing as adverse
- Substantiated misconduct discovered after selection
- Failure to maintain qualifications required for the next grade
- Pattern of substandard performance documented after selection
Procedural rules
- Notification in writing
- Specific basis with supporting documentation
- Opportunity to consult counsel
- Rebuttal opportunity per MCO P1400.32D
- SJA review of the package before submission
- Routing through the chain
A removal recommendation without complete procedural support is sent back. The Marine remains on the selection list and the unit retains the obligation.
Response to a Promotion Delay
Higher headquarters or M&RA sometimes delays a promotion administratively for reasons outside the unit's view (record completeness, board action timing, statutory requirements).
CO's role
- Receive notification of the delay
- Communicate the delay to the Marine
- Confirm whether the delay is for reasons the unit needs to address (e.g., missing record items, expired qualification)
- Coordinate with S-1 and MMEA / MMPR on resolution
- Track the timeline
A delay resolving at higher level is not the CO's call. A delay caused by a unit-level records gap is the CO's responsibility to clear.
OSTC Overlap on Promotion Actions
Per MARADMIN 633/24, Marines under OSTC case authority on a covered offense are not eligible for promotion change processing without OSTC and SJA coordination. The withhold path is the typical mechanism.
A Marine alleged to have committed a covered offense, with OSTC reviewing the case, should have a promotion withhold in place pending OSTC disposition. The withhold is administrative. The OSTC review is the underlying action.
Marine's Appeal Path
Marines retain appeal rights on adverse promotion actions.
| Action | Appeal Path |
|---|---|
| Withhold | Chain of command, then PERB if applicable |
| Removal | PERB or BCNR depending on procedural stage |
| Promotion eligibility dispute | MMEA / MMPR review |
| Records-based promotion issue | BCNR for record correction |
The Performance Evaluation Review Board (PERB) handles certain adverse personnel record matters. The Board for Correction of Naval Records (BCNR) handles record correction at a higher level.
Documentation Set
For any promotion adverse action, the documentation includes:
- Written notification to Marine
- Rebuttal received from Marine (or signed declination)
- CO's adverse action directive
- Page 11 entry
- OMPF routing record via IPAC
- MOL promotion module entry
- SJA coordination memorandum (where applicable)
- Higher-headquarters routing record for removal cases
A withhold or removal without this documentation set is challengeable on procedural grounds.
Common Failures
- Verbal withhold. Without written notification and basis, the action is voidable.
- Removal recommendation without SJA review. Procedural risk and likely return.
- Marine promoted while withhold remained on record. Administrative confusion. The promotion stands or fails depending on circumstances.
- Withhold based on hearsay. Defect grounds.
- Failure to notify chain. Higher headquarters surprised at the next promotion board.
- OSTC overlap missed. Marine under OSTC review promoted without coordination. MARADMIN 633/24 violation.
- Removal package incomplete. Returned for completion. Marine in limbo.
Decision Framework Before Initiating
Before signing any promotion adverse action:
- Is there a specific, documented basis?
- Have I notified the Marine in writing?
- Has the Marine had opportunity to consult counsel and submit rebuttal?
- For removal: has SJA reviewed the package?
- Is there OSTC overlap requiring coordination?
- Is the documentation routed to S-1, OMPF, and MOL?
- What is the Marine's appeal path?
A "no" on any of these is grounds to delay until corrected.
What This Topic Does Not Cover
- Selection board actions. Promotion selection happens at HQMC. The unit influences via FITREP, not by direct action on the board.
- PERB appeals. PERB is a process the Marine drives with unit support. Different procedural set.
- Statutory promotion limits. Time-in-grade, time-in-service requirements come from law and MCO P1400.32D. The CO does not waive them.
- Promotion ceremonies. Process and pomp, not adverse action.
Related Pages
- Personnel Decisions Overview (this topic, order 1)
- Administrative Separation Authority (this topic, order 2)
- Retirement Processing (this topic, order 3)
- Reductions in Grade (this topic, order 4)
- NJP Routing and Commander Authority (Discipline and Records topic) - NJP outcomes affect promotion eligibility
- OSTC Covered Offenses (Turnover topic) - overlap rules for case-authority Marines
- Page 11 Entries (Discipline and Records topic) - documenting the withhold or removal basis
Same topic, other roles
References
- MCO P1400.32D Promotion Manual
- MCO 5800.16 Vol. 12 Legal Administration
- MCO P1070.12 IRAM
- MARADMIN 633/24 OSTC
- MARADMIN 263/26 Guidance for Exception to Policy (ETP) Requests to the Enlisted Promotion Manual
- MMEA promotion guidance
- PERB procedures for promotion appeal
Related Pages
- Commander
Reductions in Grade
same topic - MCO P1400.32D - 2 shared references
- Commander
Personnel Decisions Overview
same topic - 4 shared references
- Admin
Enlisted Promotion Eligibility - S-1 Procedural Page
MCO P1400.32D
- Commander
Administrative Separation Authority
same topic
- Commander
Retirement Processing
same topic