Misc Pub 27-8 Legal Handbook Commander’s 2019
E. Adverse Administrative Action
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ArmyDemLogProgramBriefing-Jan17
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- F. Reporting to HQDA
- C. Definitions • Wrong
| 223 E. Adverse Administrative Action Commanders may initiate separation for the conduct that led to the conviction or for the conviction itself or process enlisted Soldiers for involuntary separation under Secretarial plenary authority. Additionally, commanders must bar enlisted Soldiers with qualifying convictions from continued service. However, commanders may take reasonable steps to accommodate Soldiers with qualifying convictions, prior to initiating separation, such as granting a reasonable time (up to one year) to seek expungement or a pardon of the qualifying conviction. Accommodation is discretionary and maybe denied based on the facts of the case as outlined in AR 600-20, paragraph 4-22c(8). F. Reporting to HQDA All Soldiers identified with qualifying convictions are required to be reported to HQDA using the assignment consideration code L (Lautenberg Amendment). Return to Table of Contents Return to Table of Contents 225 38 Article 138 Complaints A. Reference • AR 27-10, Military Justice, Chapter 19 • Article 138, Uniform Code of Military Justice B. Overview A member of the Armed Forces may submit a complaint under UCMJ, Art. 138, for any actor omission by the member’s commanding officer that the member believes to be a wrong, and for which the member has requested redress and been refused. Commanders will not restrict the submission of such complaints or retaliate against a Soldier for submitting a complaint. C. Definitions • Wrong – A discretionary actor omission by a commanding officer, under color of Federal military authority, that adversely affects the complainant personally and that is in violation of law or regulation, beyond the legitimate authority of that commander, arbitrary, capricious, an abuse of discretion, or materially unfair. • Redress – Any authorized action by an officer in the complainant’s chain-of-command to effect the revocation of a previous official action or otherwise to restore the complainant any rights, privileges, property, or status lost as a result of the wrong. Download 4.49 Mb. Share with your friends:
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