Misc Pub 27-8 Legal Handbook Commander’s 2019


C. Deficiencies Triggering A Bar



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
C. Deficiencies Triggering A Bar
1. Discretionary Grounds for Imposing Bars
Generally, commanders should consider bars to continued service against Soldiers who are untrainable or unsuited for military service. Acts of misconduct or substandard performance may trigger a bar to continued service. A noninclusive list of discretionary grounds to initiate bars to continued service can be found in AR 601-280, paragraph 8-4.
2. Mandatory Grounds for Initiating Bars
Commanders must initiate bars to continued service for the following grounds Failure to make satisfactory progress in the Army Body Composition Program (AR 600-9);
• Failing two consecutive APFTs (AR 350-1);
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• Removed for cause from Noncommissioned Officer Education System courses Loss of primary MOS qualification in accordance with AR 600-8-19 due to fault of the Soldier Commander denied automatic integration onto the sergeant or staff sergeant promotion standing list in accordance with AR 600-8-19;
• An incident involving the use of illegal drugs or alcohol within the current enlistment/
reenlistment period resulting in an officially filed reprimand a finding of guilty under Article
15, UCMJ; a civilian criminal conviction or a conviction by court-martial;
• Two or more separate proceedings under Article 15, UCMJ, resulting in a finding of guilty by afield grade commander during the Soldier’s current enlistment or period of service and Absent without leave more than 96 hours during the current enlistment/reenlistment period.
Although these are mandatory grounds to initiate, the bar maybe removed in accordance with AR 601-280, Appendix K, when the Soldier overcomes the deficiency. Additionally, while not listed in AR 601-280, AR 600-20, paragraph 4-22 requires initiation of a bar to continued service for Soldiers with qualifying convictions under the Lautenberg Amendment.

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