Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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214
1. Submission Through Command Channels
Commanders should submit all recommendations and accompanying documents through command channels to the Commander, HRC.
2. Detailed Justification
Commanders must indicate whether an OER has been submitted regarding the justification for requesting removal and include detailed justification for the officer’s removal from the promotion list.
3. Flag from Positive Personnel Actions
Upon referral of a case to a PRB for review, HQDA will flag the officer concerned, and lift the flag upon SA’s determination whether or not to remove the officer from the promotion list.
4. Notice to Officer Concerned
Before the PRB convenes, the officer concerned will be informed of the reason for the action. The officer will be provided copies of all information that the PRB will consider, and be permitted to submit comments within 14 days.
E. Results of PRB
Officers will be notified in writing, through their chain of command, of the results of PRB determinations and after SA acts on the PRB’s recommendation. This notice normally will be within 180 days after HQDA determines that a PRB will consider the officer’s case.
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215
35
Security Clearances -
Suspension and Revocation
A. Reference
• DoD Manual 5200.02, Procedures for the DoD Personnel Security Program AR 380-67, Personnel Security Program
B. Overview
When a commander learns of credible derogatory information about a Soldier, civilian employee, contractor, or consultant in their command who holds a security clearance or has access to classified information, the commander must (a) report the derogatory information to the central clearance facility (CCF) using a DA Form Rand (b) decide whether to informally or formally suspend access to classified information in accordance with AR 380-67, paragraphs
8-2 and 8-3. A commander should coordinate suspension and revocation actions with their servicing S-2/security manager/senior intelligence officer.

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