Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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116
Administrative investigations must be retained by the approving authority for five years in digital and original hard copy. In cases where the report of investigation contains adverse information regarding afield grade officer, cases that are serious, complex, or high-profile cases that result in national media interest, Congressional investigation, and/or substantive changes in Army policies or procedures or have value for historical and lessons-learned purposes, appointing authorities are required to keep the report of proceedings fora period often years. When investigation or board is conducted in a deployed environment and pertains to deployed operations, the approval authority should provide a copy of the final report of proceedings to the replacing unit prior to redeploying. The approval authority will keep the original and a digital copy of the report of proceedings at home station.
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117
16
Accident
Investigations (AR 385-10)
This chapter provides an OVERVIEW of procedures for conducting accident inves-
tiga- tions. Please consult your legal advisor early and often during the process of the
investigation.
A. Applicability
AR 385-10, The Army Safety Program applies to Active Army, the Army National Guard, and the US. Army Reserve. It also applies to Army civilian employees and the US. Army Corps of Engineers and Civil Works activities and tenants and volunteers.
1. Purpose
AR 385-10 provides policy on Army safety management procedures. Chapter 3 provides policies and procedures for initial notification, investigating, and reporting of Army accidents and incidents.
2. Function of an AR 385-10 Accident Investigation (Chapter 3)
The accident investigation’s purpose is to determine the facts and causes of accidents in order to prevent future accidents, and to assess liability to determine the most likely organization to initiate corrective actions. The primary purpose of investigating and reporting Army accidents is prevention. Because the primary purpose is prevention, a safety investigation cannot be used as the basis for disciplinary action.

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