Misc Pub 27-8 Legal Handbook Commander’s 2019


paragraph 1-19, AR 635-200



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
paragraph 1-19, AR 635-200.
1. Secretary of the Army (SA)
The SA has virtually unlimited authority to separate an enlisted Soldier. This authority is explained in paragraph 5-3.
2. General Court-Martial Convening Authority (GCMCA)
GCMCAs may approve all separations in AR 635-200, except SA plenary authority cases para. 5-3); reduction in force (RIF, strength limitations, and budgetary constraints (para. 16-7); Qualitative Management Program (QMP) (Ch. 19); voluntary separations of Soldiers serving indefinite enlistments (para. 4-4); conviction by a foreign court (paras. a and d, and a, and early release from AD of Reserve Component personnel serving Active Guard Reserve
(AGR) tours under Title 10 (para. 5-15).
3. General Officer (GO) in Command with a Legal Advisor
Has the same separation authority as a GCMCA except lack of jurisdiction (para. 5-9) and discharge in lieu of court-martial (Ch. 10). Additionally, only a GCMCA may serve as the separation authority for cases involving Soldiers who filed an unrestricted report of sexual assault within 24 months or for Chapter 7 and Chapter 14 cases where a medical evaluation board is also being processed.
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The USARC Commanding General has delegated authority to take final action on enlisted separations to USARC General Officer Commanders who have a judge advocate or legal advisor. Please see current USARC delegations of authority for further guidance.
4. Special Court-Martial Convening Authority (SPCMCA)
A SPCMCA may not convene an administrative separation board contemplating an under other than honorable conditions (OTH) discharge or approve such a discharge, but may take other action under the following chapters Ch. 5, Convenience of the Government (except para. 5-9, Lack of Jurisdiction Ch. 6, Dependency or Hardship Ch. 7, Defective Enlistments, Reenlistments, and Extensions Ch. 8, Pregnancy Ch. 9, Alcohol or Other Drug Abuse Rehabilitation Failure Ch. 10, Discharge in Lieu of Court-Martial (if delegated for Absent Without Leave AWOL) reasons at an installation with a personnel confinement facility (PCF), and may only approve before trial, but may never disapprove Ch. 11, Entry Level Performance and Conduct Ch. 12, Retirement Ch. 13, Unsatisfactory Performance Ch. 14, Misconduct Ch. 16, Selected Changes in Service Obligations and Ch. 18, Failure to Meet Body Fat Standards.

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