Return to Table of Contents

188
• Any Soldier who has been deployed overseas in support of a contingency operation within the previous 24 months and has been diagnosed with, or reasonably alleges, influence of
PTSD/TBI based on such deployment or Any Soldier who reported having been sexually assaulted within the previous 24 months and has been diagnosed with, or reasonably alleges, influence of PTSD/TBI based on such sexual assault.
4. Written Notification
The Commander notifies the Soldier in writing that separation is recommended. The Soldier must sign acknowledgment of receipt. Notice will include specific allegations and provisions of regulation that authorize separation least favorable characterization of service the Soldier could receive the type of discharge recommended by the initiating commander the right to consult with counsel the right to submit statements the right to obtain copies of all matters going to separation authority and the right to a hearing if the Soldier has 6 years or more of combined active and reserve service on date separation is initiated (para. 2-2).
5. Soldier May Consult with Counsel
Soldiers may consult with counsel from the Trial Defense Service within a reasonable time. Soldiers may also consult with civilian counsel at their own expense. Soldiers may submit matters within 7 duty days (or request an extension justified with good cause. Different timelines apply to USAR and ARNG Soldiers not on active duty. For example, these Soldiers must submit matters within 30 calendar days rather than 7 duty days. See AR 135-178 and NGR 600-200 and consult your servicing judge advocate for specific timelines.
6. Separation Authority Action
Once the Soldier’s matters are submitted, the action is forwarded through command channels to the separation authority for final action.
7. Legal review
There is no requirement for legal review unless limited use evidence is involved (as defined in AR 600-85, paragraph 10-12). As a practical matter, most Staff Judge Advocate (SJA) offices try to do a legal review twice before the packet is presented to the Soldier, and before final action goes to the separation authority.

Download 4.49 Mb.

Share with your friends: