Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
2. Soldierly Appearance
Tattoos or brands that violate DA policy regardless of their location on the body are those that are extremist, indecent, sexist, or racist. Such tattoos are prejudicial to good order and discipline and call for an immediate command response.
Extremist: Affiliated with, depicting, or symbolizing extremist philosophies, organizations, or activities.
• Indecent: Are grossly offensive to modesty, decency, propriety, or professionalism.
• Sexist: Advocate a philosophy that degrades or demeans a person based on gender.
• Racist: Advocate a philosophy that degrades or demeans a person based on race, ethnicity, or national origin.
3. Command Responses to Violations of Tattoo Policy
Commanders will ensure that Soldiers understand the tattoo policy and comply with the requirement to document their tattoos. If a Soldier has any tattoo or brand that is prohibited, has any tattoo or brand that is not grandfathered, or acquires any new tattoo or brand in violation of policy, his/her Commander will:
a. Counsel
The Soldier will be counseled in writing. The DA Form 4856 (Developmental Counseling Form) will state that the Soldier is not in compliance with AR 670–1, paragraph 3–3, and will explain how the tattoo or brand violates the specific prohibition in the policy (for example, the
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tattoo is extremist because it is a known symbol fora specific hate group or the new tattoo is in a prohibited location).
b. Provide Time
The Soldier will receive no less than a period of 15 calendar days to seek medical and/or legal advice, fully consider all available options, and respond to the counseling, in writing, by informing the commander that he/she will appeal the finding that the tattoo or brand is in violation of policy, pursue medical procedures) to have the tattoo or brand removed, or not have the tattoo or brand removed.

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