Misc Pub 27-8 Legal Handbook Commander’s 2019


b. Appeal of Vacation of a Suspended Sentence



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
b. Appeal of Vacation of a Suspended Sentence
No appeal is authorized from the vacation of a suspended sentence.
2. Mitigation
The commander can reduce the quantity or quality of the punishment.
3. Remission
The commander can cancel any portion of the unexecuted punishment.
4. Setting aside and restoration
Commanders can set aside any part or amount of a punishment, whether executed or unex- ecuted, and restore whatever rights, privileges or property that was affected are restored. This should only be done when there was clear injustice or an unwaived legal or factual error that
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clearly and affirmatively injured the substantial rights of the Soldier. Generally, this type of clemency should occur within four months from the date that punishment was imposed.
K. Filing (AR 27-10, paras. 3-6, 3-37)
Any record of nonjudicial punishment which includes a finding of guilty for having committed a sex-related offense will be filed as a sex-related offense in the performance folder of the Soldiers AMHRR. This requirement applies to Soldiers in all components, regardless of grade. Imposing commanders do not have the option to designate these documents be filed locally or in the restricted folder of the Soldier’s AMHRR. AR 27-10, para. b.
1. Summarized Article 15
DA Form 2627-1 is filed locally. The form is destroyed two years after imposition of the Article or upon the transfer of the Soldier from the unit.
2. Formal Article 15
a. Specialist/Corporal (E) and below
The original DA Form 2627 is filed locally in the unit nonjudicial punishment or unit personnel files. The form is destroyed two years after imposition of the Article 15 or upon transfer of the Soldier to another general court-martial convening authority.
b. All other soldiers

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