Misc Pub 27-8 Legal Handbook Commander’s 2019

c. Appellate Authority’s Options

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

c. Appellate Authority’s Options
In acting on the Appeal, the Appellate authority may Approve the punishment Suspend all or any part of the punishment Mitigate the punishment Remit all or any part of the punishment Set Aside the Article 15. This includes setting aside the earlier NJP in order to refer the case to court-martial.
5. Petition to the Department of the Army Suitability Evaluation Board
(DAS-EB)
Sergeants (E) and above may petition to have DA Form 2627 transferred from the performance to the restricted section. The Soldier must present evidence that the Article 15 has served its purpose and transfer would be in the best interest of the Army.
Soldiers can also petition for complete removal of the Article 15. Normally, petitions are not considered until at least one year after imposition of punishment. Soldiers may seek assistance with these types of petition from the Trial Defense Service or Legal Assistance Office at their installation.
M. Publicizing Nonjudicial Punishment (AR 27-10, para. 3-22)
It is permissible for commanders to publish the results of Articles, but they must delete the Soldier’s social security number and relevant privacy information.
1. Timing
Commanders may announce the result at next unit formation after punishment is imposed, or, if the Article 15 is appealed, after the decision on appeal. Additionally Commanders can post the results on the unit bulletin board.
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2. Commander Considerations
When considering whether to publicize Articles or not, the Command must avoid inconsistent or arbitrary policies. So, the commander should decide whether they will publish the Articles or not, and then be consistent in publishing them throughout the command tour. Additionally, before publishing the punishments of sergeants and above, consider The nature of the offense The individual’s military record and duty position The deterrent effect The impact on unit morale or mission The impact on the victim The impact on the leadership effectiveness of the individual concerned.

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