Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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243
• The authority of the GCMCA to determine whether a case is to be processed through the IDES or under administrative separation provisions will not be delegated.
• For the GCMCA to choose IDES processing rather than administrative separation, the Soldier’s medical condition must be a director substantial contributing cause of the conduct that led to the administrative separation action for fraudulent entry or misconduct, or the circumstances of the individual case must warrant disability processing instead of further processing for administrative separation.
• If the GCMCA decides to proceed with administrative separation the IDES processing is halted.
• For those Soldiers entered into the PEB, the PEB will make a determination that the Soldier is either physically fit or physically unfit for service. AR 40-501, para. 3-4.
• If the Soldier is found physically fit by the PEB, the pending administrative separation action maybe resumed.
• If the Soldier is found physically unfit by the PEB, the pending administrative separation action will be abated and the Soldier will be processed out of the Army under the IDES.
g. Officers Pending Administrative Separations
Officers approved to resign for the good of the Service in lieu of trial by court-martial are ineligible for referral to the MEB or PEB. However, if the officer was referred to the MEB prior to approval of the resignation, the disability evaluation and administrative separation action continue in a dual-processing manner. In these situations, the MEB and PEB must be completed, both the results of the administrative separation and the MEB and PEB proceed through the GCMCA for recommendation, and onto HQDA for determination of whether the officer will be administratively separated or complete disability processing through the DES. AR 635-40, para. g In the case of officers going through physical disability processing and an administrative separation that authorizes a characterization of service Under Other Than Honorable
(UOTH) conditions, both processes will continue until the action is processed through the
GCMCA and HRC and a final decision is made by the Secretary of the Army.
• If such officers are found unfit because of physical disability by the PEB, they will be processed simultaneously for both administrative separation and physical disability (i.e. a physically unfit determination by the PEB does not stop the administrative separation).

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