Misc Pub 27-8 Legal Handbook Commander’s 2019
YES, the command may initiate this type of administrative separation
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ArmyDemLogProgramBriefing-Jan17
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- 2. Soldiers MEB Counsel (SMEBC)
| YES, the command may initiate this type of administrative separation. Although the Soldier completed the DES process, the Solider continues to be eligible for administrative separation or UCMJ actions until the day of their separation or retirement. AR 635-40, para. f. E. Legal Representation for Soldiers 1. Trial Defense Service and Legal Assistance A Soldier pending court-martial charges, nonjudicial punishment (Article 15), or administrative separation is entitled to free, confidential legal advice or representation from a Trial Defense Service (TDS) attorney. If a Soldier asks to see a TDS attorney, the command must honor that request. Commanders should consult their legal advisor prior to taking any action on a misconduct issue. If a Soldier is facing an administrative reprimand or any other form of adverse administrative action, he or she is entitled to free, confidential legal advice or representation from a Trial Defense Service (TDS) attorney or a Legal Assistance attorney. If a Soldier asks to see a TDS or Legal Assistance attorney, the command must honor that request. 2. Soldiers MEB Counsel (SMEBC) Commanders should encourage all Soldiers enrolled or potentially facing MEB proceedings to contact a Soldiers MEB Counsel (SMEBC), regardless of whether or not they are potentially facing disciplinary action. Soldiers going through the IDES process are entitled to free, confidential legal advice and representation through the entire IDES process from a SMEBC and other professionals within the Office of Soldiers Counsel. In virtually every case, Soldiers who are advised by SMEBCs proceed through the IDES system more efficiently and accurately when compared to those who do not. If a Soldier already has a TDS attorney or Legal Assistance attorney advising him or her, the SMEBC can work with the TDS or Legal Assistance attorney to ensure that the Soldier receives accurate and timely advice in this intersection of two complex areas of the law. SMEBCs are physically located at most installations. If your installation does not have a SMEBC, one from another installation will be detailed to represent or consult with your Soldier. Your legal advisor will be able to provide you with the SMEBC’s name and contact information. Download 4.49 Mb. Share with your friends:
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