Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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142
• The right to inspect and copy the file The right to legal advice The right to request reconsideration based on legal error The right to a hearing (for DOD civilians only The right to request remission of indebtedness. Is available for enlisted Soldiers only. Only to avoid extreme hardship. Only unpaid portions can be remitted. Suspend collection action long enough for the Soldier to submit his request for remission of the debt. Must request reconsideration before submitting request for remission of indebtedness The right to request extension of collection time The right to petition Army Board for the Correction of Military Records (ABCMR) IAW AR 15-185. Based on unjustness. Can only be made after appeal authority acts on request for reconsideration (see below Civilian employees may avail themselves of the grievance/arbitration procedures. Request for reconsideration, a hearing, or remission or cancellation of debt stops all collection action pending outcome of request.
Before the approving authority approves a recommendation of liability, a judge advocate MUST review the FLIPL for legal sufficiency of the evidence and propriety of the findings and recommendations. The financial liability officer’s recommendations do not bind the approving authority, but the approving authority cannot assess liability if the findings and recommendations are found to be legally insufficient (para. 13-39).
J. Decision By Approving Authority Without Investigation
(Short FLIPL) (Para. 13-22 & 13-23)
When initial information indicates there was no negligence involved in the LDDT of Government property, the approving authority may relieve all individuals from liability.
When initial information indicates that negligence or willful misconduct was the proximate cause of the LDDT of Government property, the approving authority may assess liability by Notifying the respondent of the intent to hold him/her liable. Notification must include all the facts upon which the decision is based and must include notice of all the respondent rights as outlined above. The respondent has the right to submit a rebuttal The approving official must consider the rebuttal if submitted and make a determination The information and rebuttal must receive a legal review The approving authority makes a final decision and notifies the respondent accordingly.

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