Misc Pub 27-8 Legal Handbook Commander’s 2019


Refer to AR 600-8-4, Chapter 5 to ensure the RC Soldier is being processed by the



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
Refer to AR 600-8-4, Chapter 5 to ensure the RC Soldier is being processed by the
proper command, the correct procedures are followed, and the timelines are met.
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131
This chapter provides an OVERVIEW of procedures for conducting fatal training,
Operational and/or friendly fire accident or suicide presentations to next of kin.
A. Applicability Active Army, Army National Guard, and
Army Reserve
1. Purpose
Prescribes mandated tasks that govern collateral (AR 15-6) investigations, as they apply to fatal training, operational and/or friendly fire accidents, and suicides and provides guidance and direction for preparing and delivering primary next of kin presentations. This regulation implements guidance published in DODI 1300.18.
2. Function of an AR 638-34 Family Presentation
To provide a thorough explanation of releasable investigative results of fatal training, operational and/or friendly fire accidents and suicides to the deceased’s primary next of kin ensure the family understands the circumstances of the accident and ensure the family is reassured of the Army’s concern regarding the tragedy and is aware of the compassion of Army leaders.
B. Congressional Requirement
Pub. L. 102-484, § 1072, Oct. 23, 1992, 106 Stat. 2508 (10 U.S.C. § 113, note) requires the Service Secretaries to ensure that fatality reports and records pertaining to members of the Armed Forces who die in the line of duty are made available to family members.
Within a reasonable period of time after the family members are notified of the death, but not more than 30 days after the date of notification, the Secretary must In any case under investigation, inform the family members of the names of the agencies conducting the investigation and of the existence of any reports by such agencies that have been or will be issued and Furnish, if the family members desire, a copy of any completed investigative report (normally the AR 15-6) to the extent such reports maybe furnished consistent with the Privacy Act and the Freedom of Information Act.

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