Misc Pub 27-8 Legal Handbook Commander’s 2019
Board of Officers (Chapter 7, AR 15-6)
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- C. Flagging Action Mandatory
- D. Appointing Authority (Para. 2-1) 1. Boards
| 3. Board of Officers (Chapter 7, AR 15-6) Generally, boards of officers are used to provide a hearing for an individual. An appointing authority may wish to designate a named respondent. A formal board of officers offers extensive due process rights to respondents under investigation (notice and time to prepare, right to be present at all open sessions, representation by counsel, ability to challenge members for cause, to present evidence and object to evidence, to cross examine witnesses, and to make argument). Formal boards include a president, voting members, and a recorder who presents evidence on behalf of the government. A Judge Advocate (JA) is normally appointed as recorder but is not a voting member. If a recorder is not appointed, the junior member of the board acts as recorder and is a voting member. Additionally, a nonvoting legal advisor will be appointed to the board. Return to Table of Contents 109 Boards of officers are not normally used unless required by regulation. Examples Officer and enlisted separation boards (AR 600-8-24 and AR 635-200) and Flying Evaluation Boards AR 600-105). C. Flagging Action Mandatory Suspension of favorable personnel actions is mandatory if a preliminary inquiry, an administrative investigation, or board of officers is initiated on a Soldier by military or civilian authorities. Regardless of the reason for an arrest by civilian authorities, an arrested Soldier must be immediately flagged IAW AR 600-8-2, paragraphs 2-1 and 2-2. The regulation now defines investigation broadly and suspension of favorable actions on a Soldier is mandatory when military or civilian authorities initiate any investigation or inquiry that may potentially result in disciplinary action, financial loss, or other loss to the Soldier’s rank, pay, or privileges. AR 600-8-2, paragraphs e and 2-2a. D. Appointing Authority (Para. 2-1) 1. Boards The following people may appoint aboard of officers after consulting with the JA or legal advisor prior to appointing aboard any general court-martial or special court-martial convening authority any general/flag officer any commander, deputy commander or special, personal or principal staff officer in the grade of colonel or above at HQDA, the installation, activity, or unit level any state adjutant general and any DAGS or above civilian supervisor assigned as a division or department chief. Principal Deputies, Assistant Deputy Chiefs of Staff, and Assistant Secretaries of the Army are authorized to serve as appointing authorities at HQDA. Download 4.49 Mb. Share with your friends:
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