Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
D. Special Rules
1. Guidelines
Bars to continued service maybe initiated when separation action is pending in accordance with AR 635-200, and on Soldiers serving on indefinite reenlistments, now known as the career status program. Specific guidelines for using bars to continued service, including when bars mayor must be initiated, are contained in AR 601-280 and AR 140-111.
2. Bars Should Not be Initiated
• Solely because a Soldier refuses to reenlist For Soldiers with an approved retirement For USAR Soldiers, during the last 90 days (30 days for an AGR Soldier) before the Soldier is discharged, transferred from the command, or released from active duty (REFRAD). If initiated during this period, the commander must provide a complete explanation as to why the action was not taken earlier. This explanation will be entered on DA Form 8028 US. Army Reserve Bar to Reenlistment Certificate).
E. Procedures for Initiating and Imposing Bars on AC Soldiers
AR 601-280, Appendix K details procedures for initiating a bar. Commanders should take special note of the following:
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1. Initiating Commander
Any commander in the Soldier’s chain of command may initiate a bar to continued service. Normally, the company, battery, troop, or detachment-level commander will initiate the action by completing DA Form 4126. Bars to continued service are initiated using DA Form
4126. Soldiers will be flagged upon initiation of the bar IAW AR 600-8-2, para 2-2 and 2-3, as applicable.
Soldiers will be afforded an opportunity to respond to the proposed bar, in writing. They will be provided a copy of the commander’s recommendation, and given at least 7 days to submit a response. Each commander in the chain of command up to the approval authority (see authorities below) must personally endorse the Soldier’s comment.
The commander’s recommendation and the Soldier’s rebuttal, if submitted, must be forwarded to the next higher commander in the normal chain, up to the proper Approval Authority.

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