Misc Pub 27-8 Legal Handbook Commander’s 2019

) Performance restriction or restricted section of AMHRR

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

1) Performance restriction or restricted section of AMHRR
In addition to the local filing discussed above, the Commander may file the Article 15 in the Soldiers Army Military Human Resource Record (AMHRR). If filing in the AMHRR, the Commander must decide whether to file the Article 15 in the performance portion of the file or the restricted portion. The performance section is routinely used by career managers and selection boards for the purpose of assignment, promotion, and schooling selection. The restricted section contains information not normally viewed by career managers or selection boards, so filing in the restricted portion benefits the Soldier. NOTE If an E or above already has an Art. 15 in restricted section, AR 27-10 requires that it will be redirected to performance section.
2) Factors Informing the Commander’s Filing Decision
A commander’s decision whereto file is as important as the decision relating to the imposition of NJP itself. Commanders should consider Interests of the Soldier’s career Soldier’s age, grade, total service, whether Soldier has prior NJP, and recent performance Army’s interest in advancing only the most qualified personnel for positions of leadership, trust, and responsibility.
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• Whether the conduct reflects unmitigated moral turpitude or lack of integrity, patterns of misconduct, evidence of serious character deficiency, or substantial breach of military discipline.
3. Review of the Filing Decision by Superior Authority
The imposing commander’s filing decision is subject to review by superior authority. However, the Superior commander cannot withhold the subordinate commander’s filing determination authority.
L. Appeals (AR 27-10, Section VI)
The Soldier only has the right to one appeal under Article 15. This appeal operates as fol- lows.
1. Time limits to appeal
The Soldier has a reasonable time to appeal. However, after five calendar days, the appeal is presumed to be untimely and maybe rejected.

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