Misc Pub 27-8 Legal Handbook Commander’s 2019

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

2. Approval Authority
Final approval authority must beat least one approval level higher than the initiating com- mander.
• Soldiers with Less than 10 Years Active Federal Service at Date of Bar Initiation. The approval authority is the first commander in the rank of LTC or above in the Soldier’s chain of command, or the commander exercising Special Courts-Martial Convening Authority, whomever is in the most direct line to the Soldier personal signature is required.
• Soldiers with 10 or More Years Active Federal Service at Date of Bar Initiation. The approval authority is the first brigade-level commander, COL or higher, in the Soldiers chain of command, or the commander exercising General Courts-Martial Convening Authority (GCMCA), whomever is in the most direct line to the Soldier personal signature is required Commanders do not have the authority to prevent a Soldier’s retirement by barring the Soldier once the Soldier attains 18 years or more of active duty in order to prevent the Soldier from attaining retirement eligibility.
3. Continued Evaluation of Soldier
After placing an approved certificate in Soldier’s local unit file, the unit commander will continue documented evaluation of the Soldier.
4. Reviews
Unit commanders will review bars to continued service at least every 3 months after the approval date, and 30 days before the Soldier’s scheduled departure from the unit or separation from the Army. Commanders may recommend that the bar remain in effect, or that it be removed.
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5. Mandatory Initiation of Separation
Commanders will initiate separation proceedings under AR 635-200 upon completion of the second month review, unless a recommendation for removal is submitted and approved by proper authority. Initiation of separation action is not required for Soldiers who, at the time of the second month review, have more than 18 years of active federal service, but less than
20 years (these Soldiers will be required to retire on the last day of the month when retirement eligibility is attained did not overcome the bar, but time does not permit processing the Soldiers for separation because of ETS (these Soldiers will ETS with the bar in place and be denied continued service in all Army components or are eligible for retirement with more than 20 years of active Federal service (these Soldiers will be required to retire on the st day of the 7th month after the month review.

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