Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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213
34
Removal of Commissioned & Warrant
Officers from Promotion Lists
A. References
• AR 600-8-29, Officer Promotions AR 135-155, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers Army Directive 2010-10, Enhancement of the Promotion Review Board Process, dtd 3 Dec 2010
• Army Directive 2016-26, Screening Requirements for Adverse and Reportable Information for Promotion and Federal Recognition to Colonel and Below, dtd 18 Jul 16
• Human Resources Command, Officer Promotions Frequently Asked Questions for Promotion and Command Review Boards, dtd 1 Feb 19
B. Overview
Commanders may recommend the removal of an officer from a HQDA promotion list where there is cause to believe he is mentally, physically, morally, or professionally unqualified or unsuited to perform the duties of the higher grade. A Promotion Review Board (PRB), convened by the Commander, Human Resources Command (HRC), determines whether or not to remove the officer. The Secretary of the Army (SA) is the approval authority for all determi- nations.
C. Instances Triggering Referral to A PRB
Such reasons include, but are not limited, to a referred Officer Evaluation Report (OER) or Academic Evaluation Report (AER); punishment under Article 15, UCMJ; any court-martial conviction memorandum of reprimand filed in officer’s Army Military Human Resources Record (AMHRR); adverse documentation filed in the AMHRR; initiation of an officer elimination failure to make satisfactory progress in a weight control program (AR 600-9); or other derogatory information received by HQDA, but not filed in the AMHRR, if the referral authority finds that the information is substantiated, relevant, and might reasonably and materially affect a promotion recommendation.
D. Procedures
AR 600-8-29, Chapter 8, governs the procedures for processing an officer’s removal from a promotion list. Commanders should note the following provisions, in particular:

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