Misc Pub 27-8 Legal Handbook Commander’s 2019

F. Registered Sex Offenders

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

F. Registered Sex Offenders
If one of your Soldiers is convicted of an offense for which he or she needs to register as a sex offender and the Soldier receives a sentence of less than four months confinement with no punitive discharge, or the Soldier is convicted by a civilian court after he or she enlists, then the command must initiate separation. Fora list of qualifying convictions, see AR 27-10, ch. 24. In those situations, consider the following administrative courses of action. It is very important, however, that you consult your TC before proceeding.
1. Separation UP AR 600-20 and 635-200
You MUST initiate a separation action IAW AR 600-20, para. o) or AR 635-200, ch. This does not mean that you must separate however, you must initiate the action and consider the Soldier for separation. The commander who initiates separation is likely not the separation authority and the Soldier will have an opportunity to challenge the separation (either through a separation board or rebuttal. The Department of Defense policy is that registered sex offenders are generally to be separated. Also see AD 2013-21 for the prohibition of TDY, TCS, or PCS to duty stations OCONUS and the need to return Soldiers convicted of a sex offender registerable offense back to CONUS locations.
If, after initiating separation, the Soldier is retained, separation under the Secretary of the
Army’s plenary authority will be initiated IAW AR 635-200, para. 5-3 or AR 135-178, para.
14-3. For commissioned and warrant officers, commanders will initiate an elimination action
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under AR 135-75 or AR 600-8-24 as appropriate. No further action is required if a commissioned or warrant officer has already been subject to an elimination action for conviction of a sex offense and has been retained.
2. Bar to Reenlistment
If the Soldier is retained under that separation procedure, you may issue a bar to reenlistment under AR 601-280, para. 8-3a.

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