Misc Pub 27-8 Legal Handbook Commander’s 2019

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

• Special Personnel. Soldiers in the Personnel Reliability Program as described in DoDI
5210.42, DoD Nuclear Weapons Personnel Reliability Assurance, or in positions identified by service regulation or the command as having mission responsibilities of such potential sensitivity or urgency that normal notification standards would significantly risk mission accomplishment.
• Inpatient Care. The Soldier is admitted or discharged from any inpatient mental health or substance abuse treatment facility. These are considered critical points in treatment and support nationally recognized patient standards.
• Acute Medical Conditions Interfering With Duty. The Soldier is experiencing an acute mental health condition or is engaged in an acute medical treatment regimen that impairs the Soldiers ability to perform assigned duties.
• Substance Abuse Treatment Program. Consistent with DoDI 1010.04, Problematic Substance Use by DoD Personnel, the Soldier has entered into, or is being discharged from a formal outpatient or inpatient treatment program for the treatment of substance abuse or dependence.
• Command-Directed Mental Health Evaluation. The mental health services are obtained as a result of a command-directed mental health evaluation IAW DoDI 6490.04, Mental Health Evaluations of Members of the Military Services.
• Other Special Circumstances. The notification is based on other special circumstances in which proper execution of the military mission outweighs the interests served by avoiding notification, as determined on a case-by-case basis by a healthcare provider (or other authorized official of the MTF involved) at the O or equivalent level or above or a commanding officer at the O level or above.
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D. Behavioral Health Evaluations
1. Command-Directed
While a commander may inquire into the general nature of a Soldier’s status, if a commander has a question about a Soldier’s mental ability to perform his or her duty, the commander should immediately initiate a command-directed mental status evaluation. Commanders will be provided a copy of the command-directed mental health evaluation.

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