Misc Pub 27-8 Legal Handbook Commander’s 2019
) IDES Takes Priority overall Other Administrative Separations
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ArmyDemLogProgramBriefing-Jan17
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- Not eligible for PEB orb iibPEB process stopped
- IDES processing ter- minated
| 3) IDES Takes Priority overall Other Administrative Separations. For all other administrative separation actions other than those described above, referral to and disposition under the DES takes precedence over the administrative separation action. AR 635-40, para. fib Return to Table of Contents 242 Misconduct & Separation Actions and Their Effect on IDES Processing MEB and PEB process continue uninterrupted and take precedence over other administra- tive separation action • AR 635-200, Chapter 6 Dependency or Hardship AR 635-200, Chapter 9 Alcohol Drug rehab/failure • AR 635-200, Chapter 11 Unsatisfactory Performance (Entry Level AR 635-200, Chapter 12 Retirement for Length of Service AR 635-200, Chapter 13 Unsatisfactory Performance AR 635-200, Chapter 18 Failure to Meet Body Fat Standards Not eligible for PEB orb iibPEB process stopped • Under criminal charges/investigation under the UCMJ that could result in dismissal, dishonorable discharge, or bad conduct discharge Currently in civilian confinement AWOL MEB case is complet- ed, however GCMCA approval is needed for PEB processing • AR 635-200, Chapter 7 Fraudulent Enlistment AR 635-200, Chapter 14 Misconduct IDES processing ter- minated • Chapter 10 Discharge in Lieu of Trial by Court-Martial 4) Processing Administrative Separations when Soldiers are Enrolled in DES Once the MEB has been initiated, the separation authority may not take final action on the administrative separation action until after the MEB makes a final medical retention determination of whether the Soldier either meets retention standards or does not meet retention standards. If the MEB determines the Soldier does not meet retention standards, the MEB will recommend referral of the Soldier to the PEB. The MTF Commander will notify the unit commander of the planned referral of a Soldier to a PEB and obtain from the commander a written statement confirming whether any adverse personnel action is being considered against the Soldier and describing the Soldier’s current duty performance. If the MEB determines the Soldier meets retention standards, then the IDES process for that Soldier is complete – thereby allowing final action to betaken with regard to that Soldier’s administrative separation action. When the MEB recommends referral to the PEB and the Soldier is pending separation for Fraudulent Entry or Misconduct, under the provisions of Chapters 7 or 14, respectively, of AR 635-200, the General Court-Martial Convening Authority (GCMCA) must direct, in writing, whether to proceed with the IDES process (i.e. the PEB) or administrative separation. In such cases, it is the duty of the MTF Commander to furnish copies of the approved MEB proceedings to the Soldier’s unit commander and GCMCA prior to initiation of the PEB so that the GCMCA can make its determination. Download 4.49 Mb. Share with your friends:
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