Misc Pub 27-8 Legal Handbook Commander’s 2019
D. Officer Elimination Procedures
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- 1. Non-Probationary Officers
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| D. Officer Elimination Procedures Non-probationary officers have more time in service than probationary officers. Non-pro- bationary officers are commissioned officers with more than 5 years of commissioned service, and warrant officers with more than 3 years of service since their original appointment. They therefore are entitled to more due process prior to final elimination. The specific procedures for eliminating non-probationary officers are contained in AR 600-8-24, Table Elimination actions maybe initiated by the Secretary of the Army, the Chief of Staff of the Army, or those official designated by them. Elimination actions may also be and are more commonly initiated by the Commander General, Human Resources Command (CG, HRC); Deputy Chief of Staff, G or a General Officer Show Cause Authority (GOSCA). Commanders exercising general court-martial authority and all general or flag rank officers in command who have a judge advocate or legal advisor available are GOSCAs. While the above personnel may initiate an officer elimination, only the Secretary of the Army may direct discharge. This authority has been delegated to the Assistant Secretary of the Army (Manpower and Reserve Affairs) and further delegated to the Deputy Assistant Secretary of the Army (Review Boards) (DASA-RB). Commanders should be aware that officer eliminations, particularly eliminations of non- probationary officers, have significant processing times. 1. Non-Probationary Officers Normally, a GOSCA or the CG, HRC notifies in writing the affected officer of the intent to eliminate him or her. This notification will identify, among other things, the provision under which the officer has been identified for separation, a contemplated characterization of service, and information on obtaining counsel. Return to Table of Contents 200 The notification memorandum will inform the officer of the right to submit a written statement in his or her behalf, and to tender resignation in lieu of elimination, retire in lieu of elimination, or appear before aboard of inquiry (also known as a show cause board) that will hear the case and decide whether to recommend separation or retention. If the officer elects to have his case heard by aboard of inquiry, aboard consisting of at least two LTCs or above and one COL or above, all senior in grade to the respondent, will convene and recommend whether or not to separate the officer. At this board, the officer will have the right to present matters in his or her behalf and to cross-examine witnesses with the aid of a military defense counselor the assistance of a civilian attorney (at no cost to the Government. Boards must be completed no later than 90 calendar days from the date that the initiation directs them to convene. If the board recommends retention, the officer will be advised and the action will be closed. If the board recommends the officer’s separation, the board’s report will be forwarded through command channels to HRC, which ultimately routes the action to the Army Review Boards Agency and to the DASA-RB for final approval authority regarding whether to retain or eliminate the officer. Officers eliminated from the Army may receive an Honorable, General, or Other Than Honorable Discharge. Officers discharged solely on the basis of substandard duty performance will receive an Honorable Discharge. Download 4.49 Mb. Share with your friends:
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