Misc Pub 27-8 Legal Handbook Commander’s 2019


Return to Table of Contents



Download 4.49 Mb.
View original pdf
Page166/288
Date15.02.2024
Size4.49 Mb.
#63548
1   ...   162   163   164   165   166   167   168   169   ...   288
CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
Return to Table of Contents


187
E. Procedural Requirements and Administrative Consider-
ations
1. Counseling
Counseling and rehabilitative transfer requirements apply to many separations. Commanders must make reasonable efforts to identify Soldiers who maybe candidates for separation as early as possible, in order to improve their chances for retention. In accordance with paragraph
1-16, counseling is always required for Involuntary separation due to parenthood Personality disorder Other designated physical or mental conditions Entry-level performance and conduct Unsatisfactory performance Minor disciplinary infractions or a pattern of misconduct, and Failure to meet Army body composition standards
Additionally, a rehabilitative transfer is generally required under Chapters 11 (entry-level performance and conduct, 13 (unsatisfactory performance, a (minor disciplinary infractions, and b (a pattern of misconduct. Trainees should be recycled between companies or platoons at least once. Soldiers other than trainees should be recycled between battalion- sized units or larger at least once, with at least 3 months at each unit. Permanent Change of Station (PCS) is only for meritorious cases where the Soldier is a distinct asset to the Army. Waiver is authorized if transfer would serve no useful purpose, would not produce a quality Soldier, or is not in the best interest of the Army.
2. Medical Examination
Commanders will ensure that Soldiers initiated for separation who are required to obtain a physical examination per 10 U.S.C. § 1145 obtain such. Among others, this applies to all AD involuntary separations. Physical examinations and mental health evaluations will comply with AR 40-501 and other policy guidance issued by the Surgeon General and US. Army Medical Command. In addition to medical examinations, mental status evaluations conducted by a psychologist, or master-level, licensed clinical social worker, are required for Soldiers being processed for separation under Chapters 13 orb. Medical Examination for Soldiers Processed with an OTH

Commanders will ensure that Soldiers pending separation under conditions other than honorable (to include cases under Chapter 10, In Lieu of Trial by Court-Martial) obtain a medical examination to determine whether post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) was a factor in the Soldier’s misconduct per 10 U.S.C. § 1177 under the following conditions:

Download 4.49 Mb.

Share with your friends:
1   ...   162   163   164   165   166   167   168   169   ...   288




The database is protected by copyright ©ininet.org 2024
send message

    Main page