Misc Pub 27-8 Legal Handbook Commander’s 2019
Lieutenant Colonel (LTC)-Level Commander with a Legal Advisor
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ArmyDemLogProgramBriefing-Jan17
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- Return to Table of Contents 184
- 7. Headquarters, Department of the Army (HQDA)
- 8. Separation Authority’s Determinations
- 9. Waivers of Boards
| 5. Lieutenant Colonel (LTC)-Level Commander with a Legal Advisor This authority includes promotable MAJs assigned to LTC-level command positions, but not MAJs or promotable MAJs who are acting commanders. A LTC-level commander may not take action on an OTH discharge. A LTC-level commander may take action with regard to the following chapters Ch. 5, Separation of Personnel Who Did Not Meet Procurement Medical Fitness Standards (para. 5-11); • Ch. 8, Separation of Enlisted Women-Pregnancy; • Ch. 9, Alcohol or Other Drug Abuse Rehabilitation Failure Ch. 11, Entry Level Performance and Conduct Ch. 13, Separation for Unsatisfactory Performance (if notification procedure is used Ch. 16, Selected Changes in Service Obligations (paras. 16-4 through 16-10); and Return to Table of Contents 184 • Ch. 18, Failure to Meet Body Fat Standards. 6. Commander, Human Resources Command May order the separation of enlisted Soldiers serving in an Individual Mobilization Aug- mentee, Individual Ready Reserve, Standby Reserve, or Ready Reserve status. 7. Headquarters, Department of the Army (HQDA) Only HQDA may involuntarily discharge a Soldier with 18 or more years of active federal service. Only the SA or his designee may order the involuntary separation of a USAR Soldier with more than 18, but fewer than 20 years of qualifying service for retired pay. 8. Separation Authority’s Determinations In making their decision, the separation authority must consider (para. 2-3): • Is there sufficient evidence Government’s burden, not the Soldier’s (or respondent. Preponderance of evidence is the standard (i.e., a greater weight of evidence than that which supports a contrary conclusion Retain or separate If separate, what type of discharge (character of service) is appropriate? 9. Waivers of Boards A Soldier entitled to an administrative board may submit a conditional waiver to a hearing by aboard after a reasonable opportunity to consult with counsel (para. 2-5). The conditional waiver is a memorandum submitted by a Soldier waiving the right to a hearing by aboard on the condition that characterization of service on separation will be more favorable than the least favorable characterization or description of service authorized for the basis of the separation reason listed in the notification memorandum. The separation authority will be the same as if the Soldier had not submitted the conditional waiver. Under a circumstance where a Soldier offers to waive the right to aboard hearing authorized to recommend an OTH discharge in exchange fora more favorable discharge, the separation authority remains the GCMCA or GO in command with a legal advisor. A SPCMCA or lower authority may not approve a waiver or discharge in a case where the chain of command initiated or recommended an OTH, or in a case where aboard is appointed to consider a separation with a possible OTH discharge. When the Soldier waives his or her right to separation board, the separation will be processed under the Notification Procedure discussed below. Download 4.49 Mb. Share with your friends:
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