Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 3. Review and Decision
- Return to Table of Contents 177
- E. Appeals Process
| 2. Submission of Matters Once referred, recipients will be provided 7 calendar days or, if not on active duty, 30 calendar days to provide a statement or other material that rebuts, explains, or mitigates the unfavorable information. Traditionally, local Legal Assistance or, in certain cases, Trial Defense Service offices provide Soldiers assistance in submitting matters. 3. Review and Decision Statements and other evidence furnished by the recipient will be reviewed and considered by the officer authorized to direct filing in the AMHRR (or local file. The statements and/or material submitted by the recipient will be attached as enclosures to the reprimand along with Return to Table of Contents 177 the recipient’s acknowledgment of referral. The filing authority should receive recommendations from the recipient’s chain of command in writing. A filing authority should only forward a reprimand for inclusion in the AMHRR after considering the circumstances and alternative measures. Minor behavior infractions or developmental mistakes will not normally be recorded in a Soldier’s AMHRR. However, once placed in the AMHRR, such information will be permanently filed, unless removed through the appeals process. Appropriate filing authorities may direct filing in the AMHRR or local file or return the document to the issuing authority. If also the issuing authority, the filing authority may withdraw/rescind the reprimand. Decisions by the issuing/filing authority must be memorialized in an endorsement or addendum to the reprimand. E. Appeals Process The Department of the Army Suitability Evaluation Board (DASEB) at the Army Review Boards Agency is the sole appeal authority for reprimands filed in a Soldier’s AMHRR. However, like all military records, if a recipient is unsuccessful at the DASEB and has exhausted all other administrative remedies, the recipient may further appeal to the Army Board for Correction of Military Records. Appeals maybe made for removal of the reprimand from the AMHRR or transfer of the reprimand to the restricted portion of the AMHRR (see AR 600-8-104 and Army Directive 2016-26 for when the restricted portion of the AMHRR is accessed by boards or other personnel. The DASEB will normally only consider appeals from Soldiers in the grade of E and above. Download 4.49 Mb. Share with your friends:
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