Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 3. Procedure for submitting appeal
- 4. Action by appellate authority
- Return to Table of Contents 38
| 2. Who acts on an appeal? The next superior commander generally handles the appeal. The superior authority should act on appeal within five calendar days (three calendar days for summarized proceedings. While the punishment generally runs during the appeals period, if the command takes longer than the designated period, and the Soldier requests, the punishments involving deprivation of liberty will be interrupted until the appeal is completed. 3. Procedure for submitting appeal The Soldier submits their appeal through the imposing commander using the appropriate space on DA Form 2627. The submission of additional matters is optional. However, if additional materials are submitted, they must be forwarded to the appellate authority. 4. Action by appellate authority The appellate authority may conduct an independent inquiry into the matter. They may also take appellate action, even if Soldier does not appeal. a. Legal Review In certain circumstances, the Article 15 must be referred to the OSJA fora legal review prior to action on the appeal. MCM, Part V, para. e. Circumstances requiring a legal review include • Reduction in one or more pay grades from E or higher, or More than 7 days arrest in quarters, more than 7 days correctional custody, more than 7 days forfeiture of pay, or more than 14 days of either extra duty or restriction Return to Table of Contents 38 You may always refer an Article 15 for legal review in any case, regardless of punishment imposed. Review is typically done by the trial counsel. b. Matters considered The appellate authority must review the appropriateness of the punishment and whether the proceedings were conducted under law and regulations. Their consideration is not limited to the written matters in the record the appellate authority may make additional inquiries. The appellate authority may consider the record of the proceedings, any matters submitted by the service member, any matters considered during the legal review, and any other appropriate matters. The rules do not require that the service member be given notice and an opportunity to respond to any additional matters considered. Download 4.49 Mb. Share with your friends:
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