Misc Pub 27-8 Legal Handbook Commander’s 2019


Soldiers PEB Counsel (SPEBC)



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
3. Soldiers PEB Counsel (SPEBC)
Soldiers may request a formal hearing at the PEB. In those situations, the command should advise the Soldier to seek the counsel of the Soldiers PEB Counsel (SPEBC). SPEBCs are generally co-located with the standing PEBs, and provide advocacy and legal guidance to Soldiers who choose to appear in person at the PEB.
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43
Mental Health Evaluations
A. References
• DOD Instruction 6490.04, Requirements for Mental Health Evaluations of Members of the Armed Forces, dtd March 4, 2013
B. Overview
DoD Instruction 6490.04 establishes policy, assigns responsibilities, and prescribes procedures for the referral, evaluation, treatment, and medical and command management of Service members who may require assessment for mental health issues, psychiatric hospitalization, and risk of imminent or potential danger to self or others.
C. Applicability
DoD Instruction 6490.04, upon which the guidance in this chapter is based, applies to the
OSD, the Military Departments (including the Coast Guard at all times, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD.
When the Directive does NOT apply:
• Voluntary self-referrals.
• Required periodic pre- and post-deployment mental health assessments for Service members deployed in connection with a contingency operation in accordance with DoD Instruction 6490.12.
• Responsibility and competency inquiries conducted in accordance with the guidelines established in the Rule for Courts Martial (RCM) 706 of the Manual for Courts-Martial
(MCM).
• Interviews conducted in accordance with guidelines established for the Family Advocacy Program in DoD Directive 6400.01.
• Interviews conducted in accordance with guidelines established for drug or alcohol abuse rehabilitation programs in DoD Instruction 1010.04.
• Clinical referrals requested by other healthcare providers as a matter of clinical judgment and when the Service member consents to the evaluation Evaluations under authorized law enforcement or corrections system procedures.

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