Misc Pub 27-8 Legal Handbook Commander’s 2019


Commission of ab bSerious Offense



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
Commission of ab bSerious Offense
Grounds for
action
Pattern of misconduct consisting solely of minor military disciplinary infractions.
Discreditable involvement with civil or military authorities, or conduct prejudicial to good order and discipline.
Commission of any offense (military or civilian) for which punitive discharge authorized under the Manual for
Courts-Martial.
Counseling
and rehab
required?
Yes.
Yes.
No.
Who initiates?
Immediate or any higher commander.
Immediate or any higher commander.
Immediate or any higher commander.
Board
hearing?
Yes, but maybe waived. No board if
OTH not warranted and Soldier has fewer than 6 years of active and reserve service. Yes, but maybe waived. No board if
OTH not warranted and Soldier has fewer than 6 years of active and reserve service. Yes, but maybe waived. No board if
OTH not warranted and Soldier has fewer than 6 years of active and reserve service.
Regulation
AR 635-200, para.
14- 12a.
AR 635-200, para.
14- 12b.
AR 635-200, para.
14- 12c.
Separation
Authority
GCMCA if OTH warranted if OTH not warranted and notification procedure used, then SPCMCA.
GCMCA if OTH warranted if OTH not warranted and notification procedure used, then SPCMCA
GCMCA if OTH warranted if OTH not warranted and notification procedure used, then SPCMCA
Character of
Service
Hon, Gen, OTH, or
ELS.
Hon, Gen, OTH, or
ELS.
Hon, Gen, OTH, or
ELS.
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197
30
Officer Separations
A. References
• DoD Instruction 1332.30, Commissioned Officer Separations AR 600-8-24, Officer Transfers and Discharges AR 135-175, Separation of Officers
B. Overview
Numerous conditions may justify the initiation of an administrative separation or elimination action against an officer. The terms separation and elimination are often used interchangeably for officers eliminated from active duty. An elimination is a removal from commissioned or warrant officer status in the Army and removal from active duty (AD) and the active duty list. Separation is a general term that includes discharge, release from active duty, release from custody and control of the Military Services, transfer to the Individual Ready Reserve, dropped from roles, and similar changes inactive or Reserve status. Elimination of probationary officers maybe expeditious, while “non-probationary” officers are afforded more due process prior to final action. Troop Program Unit (TPU) and Individual Mobilization
Augmentee (IMA) officers are separated under AR 135-175. Active Guard Reserve (AGR) officers must be separated under the provisions of AR 600-8-24, the same regulation applicable to AD officers. Army National Guard officers are subject to withdrawal of federal recognition.

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