Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
2. Probationary Officers
In addition to the other bases for elimination contained in paragraph 4-2 of AR 600-8-24, probationary officers maybe eliminated for failing to resign for medical reasons existing at the time of their appointment, or the discovery of other conditions that would have precluded their original appointment if they had been known at the time of appointment, or the discovery of any other condition that indicates the officer’s retention in the Army would not be in the best interest of the United States.
Elimination procedures for probationary officers are contained in AR 600-8-24, Table 4-2. The procedures generally are the same as for non-probationary officers, except that probationary officers are not entitled to have their cases heard by aboard of inquiry, unless another than honorable discharge is recommended.
E. Suspension of Favorable Personnel Actions
Immediately upon the change of a status from favorable to unfavorable, a flag should be imposed on the officer. This includes initiation administrative separations, and the flag should not be lifted until there is a final determination of retention or the officer has been separated/assigned to a transition point for separation. AR 600-8-2 leaves no room fora commander’s discretion on imposing a flag for elimination.
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Bars to Continued Service
A. References
• Army Directive 2016-19, Retaining a Quality Noncommissioned Officer Corps AR 601-280, Army Retention Program AR 140-111, US. Army Reserve Reenlistment Program NGR 600-200, Enlisted Personnel Management NGB-ARH Policy #09-026, Annex A, dtd 13 Aug 09
B. Overview
Effective 1 October 2016, the Army redesignated the bar to reenlistment (Regular Army and US. Army Reserve (USAR) only) as the bar to continued service. The Army National Guard continues to utilize bars to reenlistment. Bars to continued service are an administrative tool available to commanders to deny a Soldier’s reentry into service beyond ETS, or continued service when not in the best interest of the military service. Only Soldiers of high moral character, personal competence, and demonstrated adaptability to the requirements of the professional Soldier’s moral code will be authorized continued service. Barred Soldiers are not eligible to reenlist or PCS, and are not candidates for continued service in any Army component. Bars to continued service serve a useful purpose as a probationary period enabling a Soldier to show signs of rehabilitation following acts of misconduct or substandard performance that led to the bar. This chapter addresses bars initiated by field commanders (as opposed to HQDA).

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