Misc Pub 27-8 Legal Handbook Commander’s 2019


G. Notice Requirements (The First Reading”)



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
G. Notice Requirements (The First Reading”)
1. Soldier must be notified of the following:
• Commander’s intention to dispose of the matter under Article 15.
• Offenses) of which the Soldier is suspected Maximum punishment that the commander could impose under Article 15.
• Soldier’s rights under Article 15.
2. Delegating the notice responsibility
The commander may delegate the notice responsibility to any subordinate who is a SFC or above (if senior to soldier being notified. The commander still needs to personally sign the DA Form 2627 or 2627-1. This is a good way to involve the first sergeant or command sergeant major. Fora script that can be used during the first reading, see AR 27-10, App. B, or Chapter 6 of this handbook.
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H. Soldier’s Rights
1. Formal Article 15’s
During a formal Article 15, the Soldier is entitled to the following rights.
a. A copy of DA Form 2627
Items 1 and 2 must be completed on the copy the Soldier receives that the defense counsel may review and properly advise the Soldier.
b. Reasonable decision period and to consult with counsel
This period is usually 48 hours. However, the actual period is determined by the complexity of the case and the availability of counsel. So the period can be longer than 48 hours. Additionally, the Soldier can request a delay, which the imposing commander can grant for good cause.
c. Right to remain silent
d. Right to Demand trial by court-martial (unless attached to or em-
barked on a vessel)
e. Right to Request an open or closed hearing (AR 27-10, para.
3-18(g)(2))
Ordinarily, hearings are open. An open hearing usually takes place in the commander’s office with the public allowed to attend. In practical terms, an open hearing means the office door would be open a closed hearing, the office door would be closed. The commander should consider all facts and circumstances when deciding whether the hearing will be open or closed.

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