Misc Pub 27-8 Legal Handbook Commander’s 2019
Action By Appointing Authority (Para. 2-8)
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- 5. Release of AR 15-6 Investigative Reports and Materials (Para. 3-18)
| 4. Action By Appointing Authority (Para. 2-8) Unless otherwise provided by another directive, the appointing authority is neither bound, nor limited, by the findings or recommendations of an investigation or board. The appointing authority has the option to approve as is, disapprove, return to the IO for additional investigation, or except/substitute findings and recommendations (Exceptions and Substitutions. The appointing authority may consider all relevant information, even information not considered by IO. Unless otherwise provided by another directive (i.e., AR 635-200, appointing authority bound by board recommendation of retention, the appointing authority is not bound by findings or recommendations and may take action less favorable than recommended. The appointing authority’s decision can be documented on DA Form 1574-1 (Report of Proceedings by IO) or DA Form 1574-2 (Report of Proceedings by Board of Officers) or can be documented in a separate memorandum. If documented in a separate memorandum, the DA Form 1574-1 or 1574-2, if used, should still be annotated and signed by the approving authority. Once approved by the approving authority, the report of investigation becomes an official agency decision and thus becomes subject to the provisions of the Freedom of Information Act (5 USC § No adverse administrative action maybe taken by a commander based on an administrative investigation until the following occurs (unless another regulation already provides appropriate due process procedures (1) notice is given to the subject of the investigation of the allegations against him or her (2) the subject is given a copy of the investigation subject to any required redactions; and (3) the subject is given a reasonable opportunity to rebut the allegations. The Commander must consider the subject’s rebuttal to the investigation, if submitted in a timely manner, before taking any adverse action. 5. Release of AR 15-6 Investigative Reports and Materials (Para. 3-18) AR 15-6 documents hold no special, automatic status under either the Privacy Actor the Freedom of Information Act. The individual parts of a report of investigation must be analyzed under both laws to determine suitability for release. No part of a report should be released (unless specifically authorized bylaw or regulation such as a valid Freedom of Information Act request) without the approval of the approving authority. Note, one exception to this is concerning field grade officers when there has been a substantiated finding containing adverse information (as defined in the glossary of AR 15-6) regarding that field grade officer. In these cases, the portion of the report of investigation and supporting evidence pertaining to the adverse information must me referred to the officer. Download 4.49 Mb. Share with your friends:
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