Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- Department of Defense policy is that the authority to dispose of allegations of rape, sexual assault, forcible sodomy, and attempts to commit these acts is WITHHELD TO
| E. Disposition Action Law enforcement agents, prosecutors, and defense counsel will develop the evidence in the case and will eventually present what they have learned to commanders for disposition. At the conclusion of the investigation, you will be asked to recommend or determine what action you believe should betaken in the case. For your reference, there is nonbinding disposition guidance in Appendix 2.1 of the 2019 Manual for Courts-Martial, and you should always consult your servicing judge advocate. The file should contain documentation of the victim’s preferences for certain dispositions, along with the victim’s preference as to whether the charges are prosecuted by the military, or by any other state or federal civilian criminal jurisdiction with the ability to prosecute the accused. (See Rule for Courts-Martial e. The commander should consider the victim’s preferences, but always maintains the discretion to prefer or refer charges to a court-martial. Department of Defense policy is that the authority to dispose of allegations of rape, sexual assault, forcible sodomy, and attempts to commit these acts is WITHHELD TO BRIGADE COMMANDERS. Army policy is that the authority to dispose of allegations Return to Table of Contents 92 of aggravated or abusive sexual contact, and attempts to commit these acts is WITHHELD TO BATTALION COMMANDERS. A company commander cannot dispose of asexual assault case, or make the case go away. The company commander can make a recommendation that no action, or another appropriate action betaken, but must transmit the case to the disposition authority for decision. Disposition authority fora victim or accused’s collateral misconduct directly related to asexual assault is also withheld to Brigade Commanders. The victim’s collateral misconduct may include crimes like underage drinking or fraternization. Any decision on that collateral misconduct would have to be made by the victim’s Brigade Commander and can be deferred until after the final disposition of the accused’s case. Discuss your options regarding collateral misconduct with your judge advocate. Your local withholding policy may withhold the authority higher, so always check what authority you have when you arrive to anew location. If the disposition involves a punitive administrative action (to include a memorandum of reprimand, nonjudicial punishment or a court-martial conviction for rape, sexual assault, aggravated or abusive sexual contact (Article 120); rape or sexual assault of a child (Article b indecent viewing, recording and broadcasting, forcible pandering, indecent exposure (Article c stalking (Article 130), or attempts of any of the above crimes, then the action must be filed in the performance-disciplinary section of the Soldier’s AMHRR. Additionally, commanders must contact their servicing judge advocate (BJA or TC) to ensure that the offense meet the criteria fora sex-related offense, and the process for coding the Soldier’s or Officer’s ERB or ORB with the appropriate assignment consideration code (ACSO) is completed through HRC see para. 3-4, AR 600-37) Download 4.49 Mb. Share with your friends:
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