Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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190
H. Unsatisfactory Participation (Reserve Component Sol-
diers)
One of the most vexing problems facing Reserve Component commanders is the issue of Soldiers failing to meet their Reserve obligations. Under AR 135-91, a Soldier maybe deemed an unsatisfactory participant if they accrue within a month period a total of nine unexcused absences (nine missed Multiple Unit Training Assembly, or MUTAs) or fail to attend or complete annual training (AT. MUTAs are usually hour blocks of training, with 4 MUTAs comprising atypical weekend battle assembly. Thus, while a Soldier missing three two-day battle assemblies would accrue twelve unexcused absences, any combination of nine MUTAs in a month period, beginning the date of the first absence, could justify separation.
Commanders must ensure every MUTA missed by their Soldiers is documented by their servicing unit administrator or S/G-1. Paragraph 4-15 of AR 135-91 details documentation requirements to substantiate separation, including delivery of a notice of unexcused absence either in person or by first-class mail (with the first notice required to be sent by certified mail, return receipt requested) and the filing of such notices into the Soldier’s personnel file. When separation is based on failure to complete annual training (AT, no notices are required beyond notifying the Soldier via AT orders sent to their address on record. If the Soldier cannot be personally delivered the AT order, the order should be sent via certified mail, return receipt requested.
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191
I. Summary of Separation Actions
Secretarial
Authority
Parenthood
Personality
Disorder
Grounds for
action.
Best interest of the Army may apply to reason not covered by other, more specific provision. See also Army Directive 2013-
21 for Soldiers convicted of sex offenses.
Parental obligations interfere with military responsibilities, e.g., repeated absenteeism, late for work, unavailable for field exercises,
CQ, SDO, worldwide deployment or assign- ment.
Long term, deeply ingrained, maladaptive pattern of behavior that interferes with duty performance, diagnosed by psychiatrist or licensed clinical psychologist.

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