Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
180
5. Removal of Flag
A flag based on an arrest, investigation, court-martial, or Article 15 will not be removed until the Soldier is acquitted at court-martial or civilian trial and no other adverse action arising from the incident or charges is contemplated when UCMJ action is closed or dropped without action or when punishment (confinement, probation, restriction, extra duty, etc) from court- martial, civilian trial, or nonjudicial punishment is completed (including any term of suspension. A flag fora Soldier on a HQDA promotion list may only be removed by Commander,
HRC (for active and USAR Soldiers, or by Director, Army National Guard (for ARNG or ARN-
GUS Soldiers. Additionally, flags must be reviewed until removed. They must be reviewed at least monthly by unit level commanders, and reviewed and validated monthly at the battalion level if the report contains flags over 6 months old. AR 600-8-2, paragraphs 1-9, 2-9, and 2-10.
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Enlisted Separations
A. References
• DoD Instruction 1332.14, Enlisted Administrative Separations DoD Instruction 1332.29, Involuntary Separation Pay AR 15-6, Procedures for Administrative Investigations and Boards of Officers AR 135-178, Enlisted Administrative Separations AR 600-8-2, Suspension of Favorable Personnel Actions AR 600-9, The Army Body Composition Program AR 600-20, Army Command Policy AR 600-85, Army Substance Abuse Program AR 635-200, Active Duty Enlisted Administrative Separations NGR 600-200, Enlisted Personnel Management US. Army Reserve Command (USARC) Memorandum, subject Delegation of Separation Authority #18, Separation Authority Under AR 135-178, dtd 6 Mar 17
B. Introduction
The topic of enlisted administrative separations covers both favorable and unfavorable separations. Examples of favorable separations include retirement and honorable discharge separations at the expiration of a Soldier’s service obligation. Examples of unfavorable separations include separation based on misconduct and unsatisfactory performance. Additionally, enlisted administrative separations are either involuntary (initiated by the chain-of-command) or voluntary (initiated by the Soldier. This outline does not contain all bases for administrative separation, but attempts to identify the most common separation actions encountered by commanders, including unique issues when the separation involves Reserve Component Soldiers.
When analyzing enlisted administrative separations, consider:

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