Misc Pub 27-8 Legal Handbook Commander’s 2019

Appellate Rights (Para. 4-17)

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

12. Appellate Rights (Para. 4-17)
The service member may appeal in writing within 30 days after receipt of the notice of adverse finding. The service member’s appeal is to the final approving authority. The final approving authority may only change the finding to inline of duty based on new evidence. Surviving family members may appeal NLD decisions.
13. Special Considerations
Always consult the Rules Governing Line of Duty and Misconduct Determinations at Appendix DAR The regulation also discusses and provides direction regarding pregnancies, venereal disease, conditions existing prior to service, intoxication and drug use, etc. throughout chapter Mental responsibility, emotional disorder, suicide, and suicide attempts. Soldier may not beheld responsible for acts if, as the result of, mental defect, disease or derangement, Soldier unable to comprehend or appreciate the nature of conduct. These disorders are presumed LD unless they existed prior to service.
Suicide and suicide attempt line of duty investigations must determine whether Soldier was mentally sound. Investigating officer must, therefore, inquire into the Soldier’s background. A mental health officer must review the evidence and render an opinion whether the Soldier was mentally sound at the time.
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C. Procedures for Soldiers of the US. Army Reserves and
Army National Guard
1. General
Commanders, Medical Officers, S1s, SJAs, UA, Personnel NCOs, and RC Soldiers who learn of a Soldier’s illness, injury, disease or death that occurred under circumstances that warrant a
LOD investigation / determination shall take an active role in ensuring that an investigation determination is initiated, completed, and uploaded into the LOD module in a timely manner.
2. Important Notes:
• Casualty Assistance Centers are responsible for completing and forwarding LOD Investigations in all cases involving death when a Soldier is in an authorized duty status RC Soldiers will not be separated or retired without their consent while a LOD determination is pending Medical Evaluation Board (MEB) / Physical Evaluation Board (PEB) will also be completed prior to separation or retirement of the Soldier A formal LOD is required for any illness, injury, disease or death incurred while performing AT, IDT, or ordered to active duty for less than 30 days.

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