Misc Pub 27-8 Legal Handbook Commander’s 2019

194
Fraudulent
Entry
Alcohol orb bDrug Abuse
Rehabilitation
Failure
In Lieu of
Trial by Court-
Martial
Grounds for
action
Material misrepresentation, omission, or concealment of information that if known by Army might have resulted in rejection.
Soldier enrolled in ASAP and (1) lacks potential for service and rehab is not practical or (2) long-term civilian rehab required.
Preferral of charges for which punitive discharge authorized OR referral to court- martial authorized to adjudge a punitive discharge.
Counseling
and rehab
required?
No.
No.
No.
Who
initiates?
Immediate or higher commander.
Immediate or any higher commander.
Soldier.
Board
hearing?
Yes, but maybe waived. No board if
OTH not warranted and Soldier has fewer than 6 years of active and reserve service.
Use notification procedure. Entitled to board if Soldier has more than 6 years active and reserve service.
No.
Regulation
AR 635-200, Ch. 7, Sec. IV.
AR 635-200, Ch. AR 635-200, Ch. 10.
Separation
Authority
GCMCA if OTH warranted if OTH not warranted and notification procedure used, then SPCMCA.
LTC Cdr (or MAJ(P) in
LTC Cmd) if no board
SPCMCA if board used.
GCMCA inmost cases.
Character
of Service
Hon, Gen, OTH, or
ELS.
Hon, Gen, or ELS. Hon required if limited use evidence introduced.
Normally OTH. Honor Gen possible.

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