Misc Pub 27-8 Legal Handbook Commander’s 2019

Appeals for Removal from the AMHRR

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

1. Appeals for Removal from the AMHRR
To remove the reprimand from the AMHRR, recipients must show, by clear and convincing evidence, that the document is either untrue or unjust, in whole or in part. Evidence submitted in support of the appeal may include, but is not limited to, an official investigation showing the initial investigation was untrue or unjust decisions made by an authority above the imposing authority overturning the basis for the adverse documents notarized witness statements historical records official documents and/or legal opinions.
2. Appeals for Transfer to Restricted Portion of the AMHRR
To transfer the reprimand to the restricted portion of the AMHRR, recipients must provide substantial evidence that the intended purpose of the reprimand has been served and indicate how transfer would be in the best interest of the Army. Such evidence may include, but is not limited to, statements of support from the imposing authority, the Soldier’s current chain of command, the Soldiers chain of command at the time of imposition, and/or other memoranda of support subsequent evaluation reports (other than academic notarized witness statements official documents court documents statements of remorse documents demonstrating rehabilitation other documents proving the intended purpose of the reprimand has been served and legal documents. Recipients may not initiate this appeal until they have received at least one evaluation (other than academic) since imposition.
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3. Appeals from Local Filing
Recipients of locally filed reprimands may appeal to have the reprimand removed prior to the designated removal date by providing substantive evidence justifying removal to the original filing authority or a higher-level commander in the chain of command.
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