).~. .! D 101 •)..)... : ,;; 7-1..,- BISON DEPARTMENT OF THE ARMY PAMPHLET NO. 27-14 LEGAL GUIDE FOR THE SOLDIER HEADQUARTERS, DEPARTMENT OF THE ARMY MARCH 1973 6 9 30 Pam 27-14 PAMPHLET l HEADQUARTERS DEPARTMENT OF THE ARMY No. 27-14 5 WASHINGTON, DC, 30 March 1973 Section IV. ' TAGO 3518B Table of Contents Page INTRODUCTION ___________ ----------------------1-1 BASIC PRINCIPLES OF MILITARY JUSTICE __ --. 2-1 Source of Military Justice ________ --_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2-1 2-1.1 The Constitution of the United States __ _ _ _ _ _ _ _ _ 2-1 2-1.2 The Uniform Code of Military Justice _ _ _ _ _ _ _ _ _ 2-1 2-1.3 The Manual for Courts-Martial _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2-1 2-1.4 Army Regulations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2-1 2-1.5 The United States Army Court of Military Review _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2-2 2-1.6 The United States Court of Military Appeals __ _ 2-2 Role of the Commander' ____ _ ·2-2 Role of the Staff Judge Advocate _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2-2 Basic Rights of the Soldier __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2-3 2-4.1 Presumption of Innocence _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ 2-3 2-4.2 Article 31, UCMJ, and Right to Counsel _ _ _ _ _ _ _ _ 2-3 2-4.3 Search and Seizure _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2-4 Military Judge _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ 2-5 Punishment Philosophy 2-5 ADMINISTRATIVE LAW 3-1 Introduction to Administrative Law _ _ _____________ _ 3-1 3-1.1 Sources of Administrative Law _______________ _ 3-1 3-1.2 Scope of Material ___________________________ _ 3-1 Administrative Discharges ____________________ _ 3-1 3-2.1 General ... _ _.. _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______ _ 3-1 3-2.2 Involuntary Discharges __ _ _ _ _ _ _ _ 3-2. 3-2.3 Voluntary Discharges _______________________ _ 3-3 3-2.4 Characterization of Discharges _______________ _ 3-5 3-2.5 Review of Discharges _______________________ _ 3-5 Nonpunitive Disciplinary Measures ______________ _ 3-6 3-3.1 Introduction _____ .. __________________________ _ 3-6 3-3.2 Withholding Privileges _ _ _ _ _________________ _ 3-6 3-3.3 Conduct and Efficiency Ratings _______________ _ 3-7 3-3.4 Admonitions and Reprimands __ ._____________ _ 3-7 3-3.5 Administrative Reductions _.. __________________ _ 3-7 3-3.6 Revocation of Security Clearance _____________ _ 3-9 3-3.7 Bar to Reenlistment _ _ _ _ _ _ __ _________________ _ 3-9 3-3.8 MOS Reclassification 3-10 Boards of Investigation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3-10 3-4.1 General _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3-10 3-4.2 The Soldier Under Investigation _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3-11 i CHAPTER Section Section Section CHAPTER Section Section Section LEGAL GUIDE FOR THE SOLDIER 1. 2. I. II. III. IV. V. VI. 3. I. II. III. Pam 27-14 Section Section CHAPTER Section Section Section Section CHAPTER Section Section Section Section CHAPTER Section V. VI. 4. I. II. III. IV. 5. I. II. III. IV. 6. I. The Drug Exemption Program----------------------3-5.1 Introduction ________________________________ _ 3-5.2 Scope of the Program _______________________ _ 3-5.3 Limits of the Program ______________________ _ Complaints _ __ _ _ _ _ _ _ ____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ 3-6.1 General _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ 3-6.2 Inspector General _ _ _ _ _ __ _ _ _ _ _ ___ _ _ _ _ __ _ _ _ _ _ _ _ _ 3-6.3 Article 138, UCMJ ______ ---____ -__ --__ ------3-6.4 Civil Rights Complaints ___________ -_ _ _ _ _ _ _ _ 3-6.5 Other Complaints _ _ _____ _ _ _____ _ _ _ _ __ _ _ _ _ _ _ _ _ PERSONAL AFFAIRS ________ ------------------Introduction _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ ___ 4-1.1 General __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Restrictions on Private Activities ___________________ _ 4-2.1 Selling to Other Soldiers _____________________ _ 4-2.2 Working During Off-Duty Time ______________ _ 4-2.3 Soliciting Gifts ___ _ _ _ _ ____________________ _ 4-2.4 Political Activities ________________________ _ 4-2.5 Demonstrations 4-2.6 Freedom of Expression _ _ _ _ _ _ _ ______________ _ 4-2.7 Underground Newspapers _ ________________ _ Claims __ _ _ _ _ _ _ _ _ _ _ _ __ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ 4-3.1 General __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ 4-3.2 Types of Losses Covered _ _ _ _ _ __ _ _ _ _ _ _ _ _ 4-3.3 Claims Procedures __ _ ___ ____ _ _ _ _ _ _ _ _ _ _ _ Family Assistance _ _ _ _ _ _ _ _ _ ___ _______ _ _ _ _ _ _ _ _ _ _ __ _ _ 4-4.1 Legal Assistance for the Soldier and his Dependents ______________________ -1 _ _ _ __ __ _ _ __ _ _ _ _ 4-4.2 Legal Assistance Services _ _ _ ___ _ _ _ _ _ _ _ _ _ _ __ _ _ 4-4.3 Soldiers' and Sailors' Civil Relief Act _ _ _ _ _ _ _ _ _ _ 4-4.4 Non-Legal Problems --------------------NONJUDICIAL PUNISHMENT __ __ _ _ __ __ _ __ _ _ __ ___ _ _ Introduction to Article 15, UCMJ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ 5-1.1 Role of the Commander __ __ __ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ 5-1.2 Legal Rights of the Soldier _ _ _ _ _ _ _ _ _ ___ __ _ _ _ _ _ Punishment ____ _ _ _ _ _ ___ __ __ _ ____ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ 5-2.1 Warrant and Company Grade Article 15, UCMJ _ 5-2.2 Field Grade Article 15, UCMJ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ Clemency Power of the Commander ___ _ _ _ _ __ _ _ _ _ _ __ _ _ 5-3.1 Suspension _________ ~ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ 5-3.2 Mitigation ____ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5-3.3 Remission _ _ _ _ _____ ____ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5-3.4 Setting Aside ___ _ _ _ _ _ ___ __ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ The Right to Appeal __ ._ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ THE COURT-MARTIAL SYSTEM _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ Introduction to the Court-Martial System ___________ _ 6-1.1 Military Judge __ _ _ _________________________ _ 3-12 3-12' 3:-13 3-13 3-14 3-14 3-14 3:..15, 3-li5 3-16 4-1 4-1 4.-1 4-1 4-1 4-1 4-2 4-2 4-2 4-2 4-3 4-3 4-3 4-3 4-4 4-5 4-5 4-5 4-6 4-8 5-1 5-1 5-1 5-1 5-1 5-2 5-2 5-2 5-2 5-2 5-3 5-3 5-3 6-1 6-1 6-1 Pam 27-14 Page6-1.2 Court Members __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-16-1.3 Trial by Members or Trial by Judge Alone __ _ _ _ 6-26-1.4 Pleas _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-2Section II. Types of Court-Martial _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-26-2.1 Summary Court-Martial (SCM) _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-26-2.2 Special Court-Martial (SPCM) __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-36-2.3 General Court-Martial (GCM) __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-3Section III. Review and Appeal of Courts-Martial __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-36-3.1 Review __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-36-3.2 Appeal __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-3 Section IV. Legal Rights of the Soldier __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6-3 APPENDIX A. Maximum Punishments Imposable on Enlisted Members of the US Army _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A-1 B. Incidents of Punitive Discharge and Administrative Separation __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ B-1 C. Soldier's Guide for Obtaining Information and Assistance __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C-1 D. Procedure for Interrogating Persons Accused or Suspected of Committing a Criminal Offense _ _ _ _ _ _ _ _ _ _ D-1 E. Index of Useful Army Regulations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E-1 iii Pam 27-14 CHAPTER 1 INTRODUCTION 1-1. This pamphlet provides an introduction to the law that may affect you as a soldier in the United States Army. It is also meant to introduce you to the legal office on your installation, the Office of the Staff Judge Advocate. This pamphlet is not designed to make you an expert in the law, but to familiarize you with various areas of law in order that you might more easily recognize your problerrlJJ and intelligently discuss them with a judge advocate officer. Many soldiers incorrectly assume that law in the Army deals only with crimes and punishments. In fact, only a minority of soldiers will ever have contact with a court-martial or other disciplinary hearing. The more typical soldier may have questions concerning his right to take an offhours job, or to attend a political rally. He may seek help with his state or federal income tax return, wish to be repaid for personal property damaged while on duty, have a will or power of attorney drafted, or have some personal legal documents explained to him. This pamphlet provides concise answers to many such questions. However, do not attempt to be your own lawyer. Once you recognize you have a problem, you should contact an attorney at the Office of the Staff Judge Advocate. Pam 27-14 CHAPTER 2 BASIC PRINCIPLES OF MILITARY JUSTICE Section L Source of Military Justice 2-1.1. The Constitution of the United States. The basic source which allows the separate system of criminal law in the United States Army is the Constitution of the United States. Article I, section 8, gives the authority to Congress to establish by statute a military criminal law system. · 2-1.2. The Uniform Code of Military Justice. Pursuant to the authority mentioned above, Congress, in 1951, enacted the Uniform Code of Military Justice (hereinafter referred to as the UCMJ). The UCMJ replaced, and was based upon, the Articles of War which had existed in various forms since 1775. The UCMJ is a federal statute and is the basis of our system of criminal justice in the military. It declares what conduct is a crime, establishes the various types of courts and sets forth the basic procedure to be followed in administering military justice. The UCMJ is located in Appendix 2 of the Manual for CourtsMartial, 1969 (Revised). 2-1.3. The Manual for Courts-Martial. In passing the UCMJ Congress gave authority to the President of the United States 'to establish procedures to be followed in military criminal proceedings. He has utilized this authority by publishing the Manual for Courts-Martial, 1969 (Revised) (hereinafter referred to as the MCM). The MCM is an executive order of the President which sets forth the rules which are to be followed in administering military justice in more detail than the UCMJ. For example, it explains what conduct is a violation of the UCMJ (Chapter XXVIII, MCM, 1969 (Rev.)); sets forth the rules of evidence for courts-martial (Chapter XXVII, MCM, 1969 (Rev.)); and contains a list of maximum punishments for each offense (Chapter XXV, MCM, 1969 (Rev.)). The MCM has the force and effect of law and compliance with its provisions is required. 2-1.4. Army Regulations. In addition to the above, there are regulations issued by the Secretary of the Army which must be Pam 27-14 complied with in the administration of military justice. Army Regulation 27-10 is the basic regulation for the administration of military justice and supplements the UCMJ and the MCM. 2-1.5. The United States Army Court of Military Review. This is the intermediate appellate court in the military justice system. The court members are appellate military judges in the rank of colonel and lieutenant colonel. The accused may be represented before the United States Court of Military Review by a civilian lawyer retained by him or an appellate defense counsel appointed by The Judge Advocate General. 2-1.6. The United States Court of Military Appeals. This is the highest court within the military justice system and is composed of three civilian judges appointed by the President of the United States for a term of 15 years. It is comparable in position and authority to a state supreme court and is in continual session to hear appeals from criminal cases tried in the military. ·Section II. Role of the Commander Commanders have important responsibilities and functions in the administration of the military criminal law system. The unit (company, battery, troop, detachment, etc.) commander generally is the first person to learn of conduct by one of his men that might give rise to administrative, nonjudicial punishment or court-martial action. He has the duty to promptly investigate the circumstances of an alleged crime. From this preliminary-investigation he will make a determination as to whether administrative action, nonjudicial punishment, or court-martial action is appropriate. Such factors as the seriousness of the offense, the past record of the soldier and the state of morale and discipline in his unit will determine whether he refers the matter up the chain of command or disposes of it within his unit by administrative action or nonjudicial punishment. If the unit commander forwards the case to his superior, that officer will apply the same criteria in deciding whether to take appropriate action himself or to forward the case still higher. .Each commander is responsible for both enforcing the law and protecting the rights of the individual soldier. Section III. Role of the Staff Judge Advocate The staff judge advocate of the division, post, or other Pam 27-14 large organization of which your unit is a part, is charged withinsuring that criminal justice in the command is administeredproperly and fairly. He advises commanders at every level concerning their handling of cases. He provides judge advocates, allfully qualified lawyers, to advise and represent soldiers accusedof crimes. Section IV. Basic ·Rights of the Soldier There are several fundamental rights and safeguards provided the soldier that must be considered in military law. Someare mentioned here and others will be found in other chaptersof this pamphlet. 2-4.1. Presumption of Innocence. Under our system of militaryjustice every soldier is presumed innocent until a court findsbeyond a reasonable doubt that he is guilty. A fair and justdecision can only be made after a court has heard all theevidence relating to the guilt or innocence of the accused. 2-4.2. Article 31,' UCMJ, and Right to Counsel. (See appendixD.) The UCMJ provides that no one need incriminate himself.Anyone suspected of having committed a crime has the absoluteright to say nothing and to consult with a lawyer. Under militarylaw no one in the military may question a suspect without firstdetermining that he understands his right to remain silentand his right to a lawyer. If these rights are violated either bythe company commander or the military police, no evidenceobtained as a result of the violation may be used against thesoldier at a court-martial. The failure to warn a soldier of hisrights does not mean automatic acquittal but it does mean thatthe confession or admission may not be used at a court-martial. The Judge Advocate General's Corps provides any suspectedor accused soldier with a defense counsel free of charge. This·counsel is a fully qualified and certified lawyer who is obligatedto advise and defend his client-soldier to the best of his ability.He is the soldier's representative and acts in his interest alone.This means he cannot reveal anything which might be told tohim by the soldier under the attorney-client privileged communication relationship. All soldiers have the right to be defended by an Army lawyer without cost when facing a special or general court-martial. Under certain circumstances, a soldier may Pam 27-14 also be provided legal representation before a summary courtmartial. In addition, any soldier who wants to seek legal adviceat any other time need only go to his first sergeant or unit commander and ask to see an Army lawyer. Every soldier also hasthe absolute right to obtain the advice of a civilian lawyer butthe soldier must pay personally for his services. 2-4.3. Search and Seizure. The examination of a soldier's personor property in an attempt to discover physical evidence of acrime and the seizure of that evidence and its use at trial isgoverned by the Fourth Amendment to the Constitution of theUnited States and the MCM. Strict compliance with the Constitution and MCM is required and searches are permitted onlyunder limited circumstances. These circumstances include: a. Search authorized by a commander. A commanding officerhas the authority to order a search of soldiers or property withinhis command. His decision to conduct the search must be basedupon probable cause which will be legally reviewed by a courtmartial. b. Search incident to apprehension. A search of an individual's person and of the property in his immediate possession orcontrol is lawful when conducted incident to the apprehension of such soldier. c. Consent to search. A search is lawful when made with thefreely given consent of a soldier. d. Search to prevent removal of criminal goods. If there isprobable cause to believe that criminal goods are in imminentdanger of removal or destruction and there is no time to secureauthorization for search from a commander then a lawful searchmaybe made. e. Inspection. This is an examination authorized by a commander to determine the military readiness of the person, organization, or equipment examined. A search is a particular questfor evidence of a crime while a shakedown inspection is a testof unit readiness. Any evidence of a crime discovered in a bonafide inspection may be seized and admitted in evidence at a trialby court-martial. In the event an illegal search and seizure of a soldier's person or property is conducted, the evidence may not be usedagainst him at trial. Pam 27-14 Section V. Military Judge In general and most special courts-martial the accused has the right to be tried by a military court and military judge or to request trial by military judge alone. The military judge is a fully qualified lawyer and a judge advocate who has been trained for such duty. In trials by military judge alone, the judge decides all questions of law and fact, guilt or innocence, and in the event there is a finding of guilty he will adjudge the punishment. Currently, accused persons request trial by military judge alone in a large percentage of courts-martial. Section VI. Punishment Philosophy It is sometimes difficult for a soldier to understand why a particular sentence is adjudged by a court or a particular punishment is imposed by an Article 15, UCMJ, or a particular ad ministrative measure is taken. The unit commander or a court considers the following factors in making their decision. First of all, the nature of the offense. A minor offense does not merit severe punishment and is most often handled by the commander under the provisions of Article 15, UCMJ, or by administrative measures. A more serious offense may warrant a court-martial. All factors surrounding the commission of the offense must be considered. The accused's performance in the civilian and military communities is an important consideration. A first time offender generally should be treated more leniently than a repeated offender. A commander who talks to the accused's supervisors and reviews his personal records is better able to determine what action will most benefit the soldier and the Army. One of the goals of the military justice system is rehabilitation. The aim is not simply to punish the offender but to help him become a useful member of the service. Counseling, training, and command leadership are essential if the soldier is to be~ome a useful member of the unit. Pam 27-14 CHAPTER 3 ADMINISTRATIVE LAW Section I. Introduction to Administrative Law 3-1.1. Sources of administrative law. The conduct and rights of military personnel are affected by more than the Uniform Code of Military Justice. Various Federal laws, Department of Defense directives, and Army regulations determine how claims are processed and paid, whether a discharge can be given to a soldier's ETS, how complaints may be submitted and many other subjects. This entire area is often referred to as "Administrative Law," since it deals with how the Army is administered. There is no one place where all the administrative law affecting the Army can be found. The United States Constitution gives Congress the right to make rules and regulations for the armed forces. However, Congress often will pass a statute which the Secretary of Defense or the Secretary of the Army must put into operation. This is done by means of a directive or regulation which gives the details of how the statute will be implemented in the military. For example, Congress has decided that the Secretary of the Army can release enlisted personnel prior to the termination of their period of service, by appropriate regulation. The criteria for such discharges and the procedures to be followed in giving these discharges are thus found in various Army regulations. 3-1.2. Scope of material. In this chapter we will look at several areas of administrative law which are of particular importance to enlisted personnel. These areas include administrative discharges, administrative disciplinary measures, boards of officers, and the drug exemption program. Section II. Administrative Discharges 3-2.1. General. Discharge is a form of separation from military service· which results in a complete severance from military status. Congress has given the Secretary of the Army very broad authority to provide for the administrative discharge of Pam 27-14 enlisted personnel. Administrative discharges are separate anddistinct from discharges given by a court-martial, and may beclassified as being "involuntary" or "voluntary." 3-2.2. Involuntary Discharges. When an enlisted man is considered to be undesirable for further service in the Army, orhas followed a course of conduct which makes his continuedservice questionable, his commander may initiate proceedings tohave the enlisted man discharged before the end of his normalperiod of service. The most common grounds for such dischargeaction are "unfitness," "unsuitability," or a civilian conviction;other grounds for an involuntary discharge are fraudulent entryinto the Army and prolonged unauthorized absence or desertion(AR 635-200 and AR 635-206) . a. Unfitness. AR 635-200 provides that an enlisted man maybe discharged involuntarily for ( 1) frequent incidents of a discreditable nature with military or civilian authorities; (2) sexual perversion; (3) drug abuse; (4) habitual shirking of duty; ( 5) repeated dishonorable failure to pay valid debts; (6) repeated failure to support dependents; and (7) homosexual acts while in the service. An enlisted member discharged under these provisions will normally receive an undesirable discharge certificate. b. Unsuitability. AR 635-200 also provides that an enlistedman may be discharged involuntarily for: (1) inability to learn his duties; (2) character and behavior disorders; (3) inability to work constructively; (4) chronic alcoholism; (5) homosexual tendencies. An enlisted member discharged for unsuitability will be givena general or honorable discharge certificate. c. Civilian conviction. AR 635-206 provides, under veryspecific criteria, that a soldier who has been convicted by a civiliancourt or declared a jUvenile offender by a civilian coyrt for certain types of offenses may be discharged. Ari enlisted memberdischarged because of a civilian court action will normally begiven an undesirable discharge certificate. 3-2 Pam 27-14 d. Procedures. The procedures followed for involuntary discharges are generally the same in all cases. The unit commander will begin the process by forwarding a report stating the grounds for recommending discharge. This report will contain all the documents he has which support his recommendation. The soldier concerned will be given an opportunity to consult with a military attorney concerning the discharge action, and to make known his desires with regard to having his case heard by a board of officers. The commander who has the authority to discharge the soldier under the applicable regulations will convene a board of officers if the soldier requests it, and the soldier will be able to appear before the board, unless he is in civil confine ment, and to request the appearance of witnesses who are available. If the basis for the discharge action is unfitness or a civil conviction, the soldier may request representation by a military lawyer at the board hearing. In an unsuitability case, he will have a military counsel, but he will not necessarily be a lawyer. He may hire a civilian attorney at his own expense if he desires. The decision of the board of officers is reviewed by the discharge authority who makes the final decision in the case, but his decision cannot be more severe than the action recommended by the board. (See AR 15-6, AR 635-200, and AR 635-206.) 3-2.3. Voluntary Discharges. An enlisted man may, for numerous reasons, request that he be discharged from the Army before the normal end of his term of service. In these situations, the serviceman makes a request for discharge, following the procedures set out in the applicable regulation, and it is then reviewed and acted upon by his senior commanders or the Department of the Army. o,. Hardship or dependencu. Chapter 6, AR 635-200, provides that a soldier may request discharge from the Army when (1) the death or disability of a member of the soldier's family makes other members of his family principally dependent upon him for their support (dependency); or (2) a condition involving the care or support of his family arises (not involving the death or disability of a family member) which is materially affected by his being in the Army or which came about after he entered the Army and his return to his family would alleviate an undue and genuine hardship condition (hardship). In each of these cases the enlisted member will be required to Pam 27-14 provide the Army with proof of the condition and of the needfor his release from the Army to correct it. b. Conscientious objection. AR 635-20 provides that a soldier may apply for discharge from the Army when, after he hasentered the Army, he becomes opposed to all forms of war becauseof deeply held, sincere moral, ethical, or religious beliefs. Anopposition to war based on matters of policy, pragmatism, orexpediency alone, or an opposition to a particular war ratherthan war in general, is not sufficient to warrant a discharge. Asoldier may not request a discharge because of conscientiousobjection beliefs he held before he entered the Army but failedto make known to his draft board, nor may he request dischargeif he has been denied an exemption by the Selective Service forthe beliefs he holds. The enlisted member makes application on his own for discharge, and must comply with all of the provisions of the regulation in making his application. Once the application is submitted,he will be interviewed by a chaplain and a psychiatrist. Then, anofficer in the grade of captain or above will hold a hearing on theapplication, and the soldier may be present at that hearing. Hemay ask the hearing officer to interview witnesses he desires,if available, and may have a civilian attorney assist him, at hisown expense. Final action on the discharge will be taken by theDepartment of the Army. During the time that the soldier's application is being processed he will continue to perform his duties in his unit and to undergo unit training. However, to the extent practicable, everyeffort will be made to exempt him from duties which conflictwith his stated beliefs. It must be realized that a discharge is given for an opposition to war; if the soldier's beliefs are such that his opposition issimply to the bearing of arms, he is not qualified for discharge.In this case, he may be reclassified as a "noncombatant," underprocedures similar to those used in the discharge cases. Onceclassified as a noncombatant, he will be assigned duties whichdo not involve the bearing of arms. c. Other. There are, in fact, a great number of circumstancesin which a soldier may be voluntarily discharged from theArmy. Among these are: (1) For the good of the service (chap. 10, AR 635-200); (2) Minority (chap. 7, AR 635-200); and (3) For the convenience of the Government (erroneous 3-4 Pam 27-14 induction, aliens not lawfully admitted to the US, failure to meet medical standards, for immediate reenlistment, attendance at school, erroneous enlistment, and others) (chap. 5, AR 635200). 3-2.4. Characterization of Discharges. When a soldier is discharged for administrative reasons, he may receive an honorable, general, or undesirable discharge certificate, based on the criteria in chapter 2, AR 635-200. The decision as to the type of discharge a soldier will receive is made by his commanders, and is based on his military record during his period of service. Generally the criteria for these three administrative discharges is as follows: a. Honorable discharge. Issuance of an honorable discharge is conditioned upon proper military behavior and proficient performance of duty by the soldier. Isolated incidents of minor misconduct may be disregarded if the overall pattern of a soldier's service is good. b. General discharge. A general discharge is appropriate when the pattern of a soldier's record shows a lack of satisfactory conduct or performance. A general discharge may be proper when the service member has been convicted by a general courtmartial or by more than one special court-martial during his term of service. In any case, a specific number of convictions is not required before a general discharge is given. c. Undesirable discharge. The undesirable discharge is the most severe of the administrative discharges and may result in the loss of some veterans' benefits, as determined by the Veterans Administration. An undesirable discharge can only be given by a commander authorized to convene general courts-martial or by certain general officers in command who have been delegated such authority. An undesirable discharge is usually given when a soldier has been found unfit, when found to have entered the Army fraudulently, when convicted by a civilian court, or when he has had a prolonged AWOL, or has deserted. 3-2.5. Review of Discharges. When a soldier has been discharged from the Army with a discharge other than an honorable dis charge, he may seek review of that discharge by several boards which have been established by Congress. These are the Army Discharge Review Board and the Board for Correction of Mili tary Records. a. Army Discharge Review Board (ADRB). The ADRB Pam 27-14 was established to review the discharg·e or dismissal of any formersoldier, except for discharges given as the sentence of a generalcourt-martial. If the ADRB decides that the discharge was erroneously given, they may change the character of the dischargeor dismissal, but they cannot revoke the discharge and returnthe individual to active duty. A request for review must be madewithin 15 years after the date of the discharge or dismissal(AR 15-180). b. Army Board for Correction of Military Records(ABCMR). The ABCMR was established for the purpose ofcorrecting any Army record upon a determination that therewas an error or an injustice which correction could remove. Infact, the ABCMR makes findings and recommendations concerning the correction of records to the Secretary of the Army,and he takes final action on the request for correction. TheABCMR may review any discharge given to a service member,and they may revoke an improper discharge and substitute aproper discharge in its place. In some cases, this means that theformer soldier will be entitled to back pay because the discharge given before the normal end of his enlistment was declared void. He is not, however, restored to active duty by theABCMR. A request to the ABCMR for review must be made within three years after discovery of the alleged error or injustice;however, this particular requirement may be waived by theBoard, in the exercise of its discretion, so as to do justice inappropriate cases. Unless clearly inappropriate, application fordischarge recharacterization should be made first to the ArmyDischarge Review Board, and its determination received beforeredress is sought through the ABCMR (AR 15-185). Section III. Nonpunitive Disciplinary Measures 3-3.1. Introduction. The most familiar measures used in themilitary to enforce discipline and good order are the courtmartial and Article 15, UCMJ. However, there are a variety ofadministrative actions which a commander may take in cases ofpoor duty performance or misconduct of a minor nature. Oftenthese actions will have a. rehabilitative effect on the soldier, tothe benefit of the individual and the Army. 3-3.2. Withholding Privileges. The unit commander has the authority to withhold many of the privileges granted a soldier, suchas the pass privilege, when necessary to maintain good order Pam 27-14 and discipline. Privileges over which the unit commander does not have direct control, such as the use of post facilities or driving privileges on a post, may be revoked by a higher commander who has been given the authority to grant these privileges. Thus, a soldier may be denied use of the service club if he has been disorderly or involved in fights in the club; he may be denied government quarters if found to have misused them or he may lose his on-post driving privileges for having committed a serious driving offense. Normally, the privilege withheld will be one which the soldier has misused, but this is not necessary in all cases. 3-3.3. Conduct and Efficiency Ratings. Conduct and efficiency ratings are made at certain required intervals or upon certain events happening (for example, reassignment of either the soldier or the rating officer requires that a rating be made). These ratings are permanently filed in the Enlisted Qualification Record (DA Form 20). Conduct ratings describe conduct and behavior and are made by the commander of the unit to which the person is attached. Efficiency ratings are given by the officer who is the soldier's immediate job supervisor and cover only job performance. Normally the ratings are shown to the person being rated. These ratings provide a record of a soldier's overall performance while in the military and affect promotions, assignments, and type of discharge. 3-3.4. Admonitions and Reprimands. In contrast to conduct and efficiency ratings, which cover specific time periods, as admonition or reprimand can be given administratively for a specific act of misconduct and can be oral or written. An admonition involves a warning or reminder not to repeat certain misconduct, while a reprimand is a more formal act of censure which scolds or denounces the offender for his misconduct. A written admonition or reprimand is prepared in letter form and submitted through channels to the individual's personnel section for placement in the temporary section of the offender's field 201 file, where it stays until the soldier's transfer, separation, or removal by the commander. If the reprimand has been signed by a general officer and designated by him for inclusion in the soldier's Official Military Personnel Files, maintained by The Adjutant General, the reprimand will be filed therein as a permanent record (AR 600-37). A copy of the letter is usually also given to the soldier. 3-3.5. Administrative Reductions. In addition to the reduction Pam 27-14 authority given to courts-martial and to commanders underArticle 15, UCMJ (except for E-7, E-8, and E-9), commandersare also given authority to reduce enlisted personnel for inefficiency and civilian conviction. These are administrative reductions and are governed by the provisions of chapter 7, AR 600 200. a. Reduction authority. A company, battery, or separatedetachment commander has the authority to reduce soldiers inpay grades E-2 through E-4. Battalion commanders and thecommanders of organizations authorized a commander in thegrade of lieutenant colonel or higher may reduce enlisted personnel in pay grades E-5 and E-6. Commanders of organizationsauthorized a commander in the grade of colonel or higher mayreduce enlisted personnel in pay grades E-7 through E-9. Thereduction of a soldier in grade E-4 and below can be done by thecommander without convening a board to consider the case andmake recommendations. Commanders desiring to reduce a soldierin any grade above E-4 must first refer the case to a board ofofficers and enlisted personnel, all senior in rank to the individualunder consideration, for a hearing and recommendations. Theboard's composition will be prescribed by Army regulations. Thesoldier may decline to appear before the board, or he may appearwith military counsel (who need not be a lawyer) or his owncivilian counsel (at his own expense), and question the witnessesagainst him and present evidence in his own behalf. The commander may not take any action which is more severe than thatrecommended by the board. Army regulations provide that asoldier may appeal his reduction for inefficiency or convictionby civil court, within 30 days from the date of reduction, throughcommand channels. b. Inefficiency. A soldier who has held the same assignedjob in his unit under the same commander for at least 90 daysmay be reduced one grade for inefficiency. Inefficiency meansthe demonstration by the soldier of the inability to performthe duties and responsibilities expected of a soldier with his rankand MOS. Acts of misconduct showing a lack of abilities orqualities expected of a soldier of his rank and position may alsobe considered by the commander in deciding to reduce a soldierfor inefficiency. c. Civilian conviction. When a soldier has been convictedby a civil court or adjudged a juvenile offender by a civiliancourt for any offense which is not serious enough to warrantdischarge under AR 635-206, the proper commander may reduce 3-8 Pam 27-14 him one or more grades, using prescribed procedures as generally described in a above. If the soldier is reduced and the conviction by a civil court is reversed because of some error or irregularity, the soldier will be restored to the grade from which reduced and may be promoted to a higher grade if it is determined he was denied such promotion as a result of the conviction. 3-3.6. Revocation of Security Clearance. The type of conduct that merits revocation or suspension of a security clearance includes criminal and immoral activities, habitual use of drugs, excessive use of alcohol, excessive indebtedness, and repeated AWOL, or facts indicating that a soldier is subject to coercion or undue influence, such as a soldier who has a close relative living in a Communist country. When a commander proposes to revoke a security clearance he must notify the soldier concerned, explain the reasons for the contemplated action, and offer the soldier a reasonable opportunity to refute or explain the derogatory information which is the basis for the action. Notification need not be given to soldiers who have been dropped from the rolls, or who have been confined after conviction of a criminal offense by a court. There is no formal right of appeal provided for a soldier whose security clearance has been revoked. However, there is nothing to prevent the soldier from following informal channels, such as appealing to the next higher commander above the clearance authority, or filing an IG complaint. 3-3.7. Bar to Reenlistment. A soldier may be barred from reenlistment if his character, conduct, attitude, proficiency, motivation or general desirability for retention are not consistent with the high qualities demanded by the Army. These deficiencies often include the following: (1) Late for formations or duties. (2) One day or shorter AWOL. (3) Losses of clothing and equipment. ( 4) Substandard personal appearance and hygiene. ( 5) Persistent indebtedness. (6) Frequent traffic violations. (7) Recurrent Article 15 punishments. (8) "Riding" sick call without medical justification. (9) Missing bed checks. Pam 27-14 (10) Cannot follow orders; recalcitrant. (11) Untrainability. (12) Unadaptability to military. (13) Failure to manage personal affairs. (14) Involvement in frequent difficulties with fellow soldiers. The unit commander prepares a certificate summarizing thegrounds upon which he intends to initiate bar to reenlistment proceedings and refers it to the soldier concerned who may thensubmit a statement in his own behalf. The soldier must beallowed a reasonable time to prepare his comments and to collectdocuments or other materials. The soldier's statement and thecertificate are then forwarded to the authority who can takefinal action to approve or disapprove the bar. An approved bar to reenlistment must be reviewed at 6month intervals and can be removed at any time if the individual demonstrates his worthiness to be retained in the Army. 3-3.8. MOS Reclassification. A unit commander must recommendreclassification of any awarded MOS when the individual con cerned has committed an act of misconduct which unfavorablyaffects the eligibility of that individual to perform duties inhis present MOS; e.g., Military Policeman commits assault, Medical Corpsman becomes an alcoholic, or Finance Clerk commitslarceny. The following are situations demanding reclassification: (1) Disciplinary actions (except combat). (2) Lack of security clearance. (3) Appointment as an NCO or Specialist to duties andnormally associated with the awarded MOS. ( 4) Loss of MOS qualification. The unit commander may recommend reclassification of anyawarded MOS when the individual concerned demonstrates inefficient performance of duty in the technical, supervisory, orother requirements of the MOS, or attains an MOS test score ofless than 70. Section IV. Boards of Investigation 3-4.1. General. A commander can order an investigation ofmany matters which come under his official responsibility, such 3-10 Pain 27-14 as the operation of the unit mess hall or the state of morale in the unit. Any investigation will be conducted to find out what happened, when, and where it happened, why it occurred and who was involved. Only after these facts have been gathered can a decision be made as to what action the commander should take or should not take. The boards conducting such investigations normally will be composed of military personnel, and the soldier may be involved as a witness, a member of the board, an assistant to the board, or as one of the persons whose conduct is being investigated. One example of the type of investigation in which the soldier may be involved is the determination as to whether a soldier who was injured was "in line of duty" at the time. If he was not in line of duty (such as being injured while AWOL) or if his injury was due to his own intentional misconduct (such as being shot while committing a robbery), or willful neglect (such as being injured while driving on the wrong side of the road while intoxicated), the service member may lose his entitlement to free medical care for his injuries and the time he spends in the hospital will be classified as "lost time" which he will make up at the end of his enlistment. Other examples of such investigations are those concerning the loss of funds or equipment, damage to government property, and disposition of the personal effects of a deceased soldier. A "board of investigation," which is normally composed solely of officers and called a "board of officers," may consist of one person or of several persons. The procedures for conducting a board of officers are found in AR 15-6 and are normally followed when the particular regulation governing the matter under investigation does not provide any investigation procedures. The investigating officer will comply with the procedures set out in the applicable regulation and is to remain impartial during the investigation so that he can give the commander a complete picture of the matter along with his recommendations as to what action the commander should take. 3-4.2. The Soldier Under Investigation. When a soldier's conduct or liability is being investigated by a board of officers he will be accorded various rights in relation to the hearing held by the board. It is impossible to state general rights since not every regulation provides the same procedures for investigations. Generally he will be given some notice of the investigation and his involvement in it, he will be allowed to submit evidence to the Pam 27-14 board in his own behalf, he will be able to be present at the board hearing, and he will not have to testify before the board about any matter which he believes will incriminate him (Article 31, UCMJ). In most proceedings before a board of officers, the soldier may have a military counsel to assist him in presenting his case and questioning the witnesses against him. This counsel may or may not be a lawyer, depending on the provisions of the regulation governing the hearing. A soldier is normally allowed to hire a civilian counsel to assist him in these matters, but the Army will not pay for civilian counsel. Whenever a soldier is notified that he is under investigation, he should request time off from his job to see a legal officer for advice concerning the investigation and his rights in that investigation. Section V. The Drug Exemption Program 3-5.1. Introduction. As part of the Army's Alcohol and DrugAbuse Prevention and Control Program, the Drug Exemption Program is designed to give soldiers who find themselves involved with drugs a chance to obtain treatment without being subject to disciplinary action under the UCMJ for the use of drugs or possession of drugs incidental to such use. It does not make it legal to use or possess drugs-it is simply a method by which a soldier can admit his problem and obtain help. Each command has an Alcohol and Drug Control Officer who will have informa tion concerning how the program operates. A soldier who requests or otherwise obtains help for a drug problem will not be subject to any disciplinary action under the UCMJ for his personal use or incidental possession of drugs for his personal use which occurred before he asked for or otherwise receives such help.The exemption policy is not applicable in those instances where the member has been identified as the subject of any drug abuse investigation, or has been apprehended for a drug offense or offenses, or has been officially warned that he is suspected of a drug offense, or has been charged under the UCMJ with a drug offense, or has been offered nonjudicial punishment for a drug offense under the provisions of Article 15, UCMJ. A solider may wish to seek guidance from the local Alcohol and Drug Control Officer, Staff Judge Advocate's Office, Chaplain, or from medical personnel, in order to obtain detailed information regarding the availability and effect of the drug exemption program in his particular case. Note. As drug exemption policies are subject to modification, the above Pam 27-14 summary is designed only to familiarize soldiers with general drug policy program objectives and reflects the policy currently in effect at the time of publication. Local authorities should be contacted whenever a soldier desires current drug exemption policy information. 3-5.2. Scope of the Program. The purpose of exemption is to encourage soldiers with a drug problem to volunteer for treatment. Exemption means protection from punitive action under the Uniform Code of Military Justice or from administrative discharge under other than honorable conditions because of the use or incidental possession of drugs. This means that a soldier who is in the exemption program will not be court-martialed, punished under Article 15, UCMJ, or given an undesirable discharge for his past acts of personal drug abuse. Exemption is automatic. Each time a soldier seeks assistance for his drug problem, he is exempt from disciplinary action. Such exemption cannot be vacated or withdrawn. If a drug user is identified through urinalysis screening which is given as a part of a drug identification program, he receives exemption. If the soldier who has obtained exemption is later processed for an administrative discharge, he will not be discharged under less than honorable conditions solely as a result of his drug involvement. The fact that a soldier has been given exemption will not later be used as evidence against him in a disciplinary proceeding. 3-5.3. Limits of the Program. The exemption program does not protect the soldier who volunteers from the following: a. Prosecution for other offenses. A soldier is not exempt from disciplinary action or administrative action for offenses or misconduct other than his prior use or incidental possession of drugs, even though the misconduct may have been committed along with or been motivated by drug abuse. b. Prosecution in other jurisdictions. A member can be tried by civilian courts for drug offenses although he has been exempted from prosecution by the military for the same offenses. However, the approval of the Department of the Army is required before any information obtained as a result of a soldier's volunteering for treatment will be disclosed outside the military. c. Adverse line of duty determinations. (1) A soldier who is hospitalized (in-patient status) as a result of drug or alcohol abuse and who is determined to be physically unfit to perform his regular duties for a period of more than 24 hours will be determined to be "Not in Line of Duty-Due to Own Misconduct" for such period of actual incapacitation. Pain 27-14 (2) For members not incapacitated (unfit for duty) formore than 24 hours, a line of duty determination is not required. (3) Any soldier, other than one identified in (1) above,who is duly placed in a drug or alcohol detoxification, treatment,or rehabilitation facility as a result of the drug and alcohol program is considered absent from his previous duties because ofadministrative policies, and will not be subject to a determinationof "Not in Line of Duty" because of his absence from his unit. d. Being investigated for criminal activity not directlyrelated to drug use or possession. e. Suspension of access to classified material or the denialor revocation of security clearances. f. Reclassification or withdrawal of Military OccupationalSpecialty (MOS). g. Suspension or revocation of hazardous duty orders. h. Administrative discharge from the Army under honorable conditions when the degree or type of drug involvementprecludes rehabilitation and restoration to full duty and theoverall character of duty, aside from the drug abuse, warrantsit. Section VI. Complaints 3-6.1. GeneraL Many complaints that a soldier has can be quicklyand easily resolved by taking them to the first sergeant or thecompany commander. However, there will be times when thesoldier feels that his grievance should be handled in a formalmanner by an officer outside of his company. In these situationsthere are several alternatives open to the service member whichwill be discussed in this section. 3-6.2. Inspector General. Probably the most familiar person toreceive and act on complaints is the Inspector General-the"IG"-who is present in every command. In small commandshe may have other jobs in addition to that of "acting IG," but inlarger commands he spends all his time as the Inspector General.The IG is an officer who has been specially selected and trainedto investigate complaints and has a direct line to everyone in thecommand, including the general. His job is to look into situations inside the Army which may need correction. He also makessure that the Army is following its own rules by means of theIG inspection of equipment, procedures, etc. 3-14 Pam 27-14 Any person in the Army can take his complaint to the IG when he feels a situation exists within the Army which needs correction or investigation. An example of the type of complaint made to the IG is that by a soldier who thinks that promotions in his unit are not being fairly made. Once a complaint is registered, the IG must check out the facts. If he finds the complaint is true, he takes it to the person who can solve it and asks that he do so. Ifhe finds the person making the complaint does not have all the facts, he will try to explain the reasons for the situation. If the complaint involves something which cannot be solved at the local level, the IG can send it to an IG higher up the ladder who can get it solved-all the way to the Inspector General of the Army. 3-6.3. Article 138, UCMJ. Under the provisions of Article 138, UCMJ, a soldier who believes that he has been wronged by his commanding officer (that is, by any superior commissioned officer in his chain of command) may make a formal complaint which will be investigated and then reviewed by The Judge Advocate General as the designee of the Secretary of the Army. The complaint must concern an action of the commander which he took under the color of his authority and which the soldier feels was unauthorized discriminatory, or unjust. This procedure cannot be used to attack the findings or sentence of a courtmartial or the punishment given under Article 15, UCMJ. The soldier must file his complaint within 90 days after he becomes aware of the wrong, but he must first submit the complaint to the commander against whom he has the grievance. The time used by the commander to decide whether he will change his action or not will not be counted as a part of the 90 days. If there is no correction taken, or the soldier is not satisfied with the change made by the commander, then he may formally submit his complaint to the next superior commander as an Article 138 complaint. The complaint will be investigated and. reviewed by the commander having general court-martial convening authority and then sent to the Department of the Army for final action. In filing hil:l complaint, the soldier can obtain assistance from the local Staff Judge Advocate Office so that all available evidence will be included with the complaint. 3-6.4. Civil Rights Complaints. Off-post businesses which are "places of public accommodations," such as hotels, motels, eating places, movies, etc., cannot discriminate against soldiers because of their race. Neither can soldiers be denied the protection of Pam 27-14 the Fair Housing Act. If a soldier feels he has been discriminat ed against in one of these areas, he can get help from the Armyin filing a complaint. The Legal Assistance Office, G-1, or CivilRights Office are the places to go for help. The Army will attemptto get the business to stop discriminating if they find it isdoing so; if the business will not agree to stop, the soldier's complaint will be sent to the US Attorney General for action.The soldier making the complaint will be required to make asworn statement concerning his complaint, but will normallynot be involved in the actual investigation. 3-6.5. Other Complaints. A soldier may decide that he wants tomake his grievance known outside of the military. If this is thecase, then he is free to write to any member of Congress about his complaint. The typical procedure following a letter to acongressman is that he will forward it to the Department of theArmy for information concerning the accuracy of the complaintand what the Army can do to resolve the grievance. 3-16 Pam 27-14 CHAPTER 4 PERSONAL AFFAIRS Section I. Introduction 4-1.1. General. Service in the armed forces carries with it a responsibility to the Government and the people which will on occasion restrict the private and public activities of the soldier. In this chapter it will be shown where the service member's freedom of action has been restricted by regulations written to avoid conflicts between the soldier's personal interest and his responsibility to the Army. This chapter will also provide a discussion of the benefits that a soldier has by virtue of his military service. Congress has provided a series of statutes which grant monetary reimbursement for certain losses occurring while the soldier is on duty. The Army also provides the soldier with free legal advice under the Legal Assistance Program. Thus, this chapter deals with the rights and responsibilities of a soldier in his personal affairs. Section II. Restrictions on Private Activities 4-2.1. Selling to Other Soldiers. Soldiers on active duty are prohibited from selling to other soldiers who are junior in grade or rank. This applies on or off post, in or out of uniform, on or off duty, and includes the sale of insurance, stocks, mutual funds, real estate, or any other goods or services. A soldier can, however, sell his own personal property or home on a one-time basis. The restrictions on selling to juniors is intended to eliminate the use of rank, grade, or position to pressure someone into a sale. 4-2.2. Working During Off-Duty Time. Off-duty employment (moonlighting) is permitted provided it does not interfere with official duties, does not bring discredit upon the Army, and does not violate basic ethical considerations. A soldier who works late at a civilian job and then reports for duty so tired he cannot perform well would have a job which interferes with official duty. Working for a bookmaker would be an example of an off-duty job which could discredit the Army-put it in a bad light. Pam 27-14 Working for a firm which does business with the Army violatescommon ethics since it might look to the public that the soldiergot the job because of his Army status. Also, soldiers are notpermitted to work off post in an area where jobs are generallyscarce or where his working would deprive a local civilian withthe same skills of a job. The soldier should discuss that it will notconflict with his duty requirements or create a conflict of interests ( AR 600-50). 4-2.3. Soliciting Gifts. A soldier cannot seek or accept presentsfrom other military or civilian personnel who receive less paythan he does. He is also prohibited from soliciting contributionsfrom other employees in order to purchase a gift for a superior.However, a voluntary gift of nominal value or a voluntary donation of nominal amount may be obtained if for a special occasion,such as a marriage, illness, or retirement. 4-2.4. Political Activities. A soldier retains his rights to vote, toexpress his political opinions privately and informally, to attendpolitical meetings as a spectator when not in uniform, and tojoin and attend political club meetings when not in uniform. However, because civilians may consider the active participation ofservicemen in certain political activities as indicating Army approval or support, certain limitations are placed on politicalactivities. Military personnel cannot be officers in a political club,cannot speak to a political club or rally, cannot campaign for acandidate, nor may they campaign as a candidate for nominationor election to a civil office. 4-2.5. Demonstrations. Since a soldier in uniform at a publicdemonstration can make it appear that the demonstration is sponsored or approved by the Army, he can only participate in de monstrations when he is not required to be present for duty, notin uniform, not on a military post, not in a foreign country, hisparticipation is not a breach of law and order (for example,blocking traffic or assaulting police), and violence is not likely toresult. 4-2.6. Freedom of Expression. Freedom of speech is not anabsolute right in civilian or military life. A person in the Armycannot engage in activities which present a clear danger to theloyalty, discipline, or morale of other soldiers or which wouldinterfere with the mission of the Army. A solider may writeletters to the editor expressing his personal opinions, but he 4-2 Pam 27-14 should not hold himself out as speaking for the Army. He mayalso write articles for publication which do not involve foreign policy or military matters. If these matters are involved, he must obtain clearance from his commanders before publication. Anypersonal writing activity must be done by the soldier on his own time and without the use of government property. 4-2.7. Underground Newspapers. Underground newspapers are not prohibited if produced off post with the writer's own time and money. Of course, if the contents violate federal law; the publishers can be disciplined. An installation commander can require that his approval be obtained before such papers are distributed on post through other than recognized channels such as the PX. This gives him an opportunity to determine if the publication presents a clear danger to the loyalty, discipline, or morale of the soldiers on post or interfere with the accomplishment of a military mission. Mere possession of an underground newspaper by a soldier is not sufficient reason for its being taken away by a commander. But such publications can be seized if he determines that the soldier is planning to distribute them to others instead of merely having a copy for his own reading. Section III. Claims 4-3.1. General. Congress has passed a number of laws which provide for the reimbursement to soldiers who incur losses as a result of being in the military service. Not all losses resulting from being in the Army are reimbursable. For instance, the possession of the property lost must have been reasonable, useful, and proper under the circumstances. Also, if the claimant's negligence contributed to the loss of his property, he may not recover. Claims are processed by Army judge advocates around the world under the supervision of the US Army Claims Service. 4-3.2. Types of Losses Covered. A soldier may have a claim against the Government in the following cases: a. Property that has been stolen from his assigned govern ment quarters or quarters otherwise provided for him by the Government in the United States; property stolen from his quarters wherever located outside the United States; and property that is stolen from an authorized place of storage. Examples of Pam 27-14 areas that may be authorized as places of storage are warehouses, offices, hospitals, baggage holding areas, and unit supply rooms. b. Property located at assigned quarters or other quartersprovided for him by the Goverment or in an authorized place ofstorage that is damaged or destroyed by fire, flood, hurricane, orother unusual occurrence. Examples of "unusual occurrences"would be damage caused by hail to his automobile while parkedon post or damage to personal property stored in the barracksas the result of a burst water pipe. c. Property lost, damaged, or destroyed while it is beingtransported or stored pursuant to government orders. This includes privately owned vehicles when they are shipped under theauthority of Government orders. d. Property lost, damaged, or destroyed as a direct result of: (1) enemy action; (2) riots overseas directed at American nationals; (3) action by the soldier in trying to quiet a civil disturbance or trying to render first aid in a public disaster ; and ( 4) action by the soldier to save a human life or government property. e. Money lost after being delivered to someone authorizedto receive it as part of his official duties. Examples are safekeeping in the unit or deposit in the Savings Deposit Program. f. Property loss or damage caused by the wrongful or negligent conduct of another serviceman or a civilian employee of theArmy acting within the scope of his employment. 4-3.3. Claims Procedures. If a soldier believes that he has a claimagainst the Government for property loss or damage, he shouldcontact his unit claims officer and discuss it with him. Then hemay formally submit the necessary claims forms and documentsshowing his loss. If his unit does not have a claims officer, he maydiscuss his claim with the Claims Judge Advocate at the postjudge advocate office. If the soldier files a claim for loss or damagewhich is less than $500, or if he is willing to settle his claim forless than $500, the claim can be processed as a "small claim."This procedure is less formal and the investigation and processingof the claim can be done in a short time. Every soldier who has suffered the loss or damage of hisproperty under circumstances for which Congress has providedfor reimbursement has the right to be paid for that loss or Pam 27-14 damage. He cannot be prohibited from filing a claim for such loss. However, if he files a claim which is false, he may be prosecuted for filing a fraudulent claim. Additionally, he has the right to appeal or request reconsideration (depending on the type of claim) of the determinations made by the local claims officer if there is a disagreement either as to the amount to be paid or whether or not the claim is covered by the law and regulations. Section IV. Family Assistance 4-4.1. Legal Assistance for the Soldier and His Dependents. The Army provides free legal advice and counseling to soldiers and their dependents, including advice regarding personal legal problems, such as wills, powers of attorney, taxation, divorce, renting a house, immigration, and many other matters. Legal assistance does not include criminal or official military matters which may be handled by other staff sections. In addition to the kind of legal assistance described above, the Army is presently operating an expanded legal assistance program on an experimental basis. This Pilot Legal Assistance Program permits legal assistance officers to deal with civil and criminal matters and to represent clients before civilian courts. To qualify for this program, the client must be unable to afford civilian counsel. Check with the legal assistance officer to see if this pilot program is available for your post. The legal assistance officer is a lawyer, and when a soldier discusses legal problems with him an attorney-client relationship is created. This means that the discussions are confidential and will not be disclosed to anyone without the permission of the client. 4-4.2. Legal Assistance Services. Some of the most common services which are available to a soldier and his dependents from the legal assistance office are below: a. Wills. A will is a legal document which insures that when a person dies his property goes to the people he wants to have it. The legal assistance officer can prepare new wills as well as review wills already made to insure they are up to date. b. Power of attorney. A power of attorney is a document which authorizes one person to act for another. It is a very useful instrument, but it can also be very dangerous. If a soldier is to be separated from his family for a long period of time, a power of Pam 27-14 attorney may be used to enable his family to take care of itsfinancial needs by completing transactions that normally wouldrequire the soldier's presence. c. Marriage. The legal assistance officer can provide guidance as to the legal aspects of marriage. The chaplain, the doctor,or the Army Community Services' representative are availableto the soldier to help him solve nonlegal problems related tomarriage. If a marriage cannot be saved, the legal assistance officer can provide advice concerning divorce. He can also advisethe soldier and his family about adoption, child support, andchange of names. d. Debts. The legal assistance officer can advise a soldierconcerning the lawfulness of a debt and assist him in consolidating and paying off his debts. If a soldier refuses to honor his justdebts disciplinary action may be initiated against him for dishonorable failure to pay just debts in violation of Article 134,UCMJ. Adminstrative action to have the soldier removed from theArmy can also be taken. 4-4.3. Soldiers' and Sailors' Civil Relief Act. Congress passedthis law to protect members of the military from undue hardshipin meeting legal obligations caused by being in the militaryservice. The most frequent areas which are covered by the Actare discussed below. a. Debts. The Soldiers' and Sailors' Civil Relief Act canhelp a service member who incurred debts before coming intothe service. It is designed to help him get his day in court, andin some cases, may help him to get a reduced schedule of payments when he has fallen behind in his payments due to military service. The Act does not allow the service member to forgethis debts and never have to pay them simply because he is in theservice; it merely suspends legal proceedings and obligations topay until the serviceman is either out of the service, or is betterable to pay. b. Court actions. Soldiers can be sued in civilian courtsjust like other citizens. But because soldiers are often assignedto duty stations far from the place where the lawsuit has beenfiled against them, they may have difficulty in defending the case.The Soldiers' and Sailors' Civil Relief Act permits the suspension of lawsuits against soldiers when, because of military service, they find it difficult to appear in court to defend themselves.However, the Act does not operate automatically, so soldiers Pam 27-14 should be referred to the legal assistance officer for help in getting their legal rights enforced. c. Taxation. (1) Income taxes. Just like any other citizen, soldiers are expected to pay federal and state income taxes. However, if a soldier has difficulty in paying his taxes because of a severe reduction in his income as the result of leaving a civilian job to join the Army, he can qualify for a postponement in both federal and state income taxes. Also, soldiers have to pay state income taxes only in their home states; they do not have to pay income taxes in their duty states on military income. (2) Personal property taxes. The Soldiers' and Sailors' Civil Relief Act also protects a soldier's personal property from taxation in any state except his actual home state. This is true whether the soldier lives off or on post. However, he must pay real property taxes to any state in which he owns real estate. d. Motor vehicles. (1) Registration. The Soldiers' and Sailors' Civil Relief Act provides that if a soldier has registered or licensed, in his name alone, his automobile in his home state, he cannot be required to register it in his duty state. However, if a soldier does not have his car licensed in his home state, he must register it in his home or duty state; registration in some other state will not protect him. (2) Liability insurance. A soldier must comply with the automobile liability insurance laws of the state in which his car is located. Information concerning the minimum coverage required can be obtained from the Provost Marshal's office or the legal assistance officer. (3) Safety inspections. The Act does not exempt a soldier from the safety inspection requirements of his duty station. e. Rents and leases. The Soldiers' and Sailors' Civil Relief Act does not give a soldier the right to end a lease any time he changes duty stations; only those leases signed before entering active duty are covered. Where a soldier signs a lease after he is on active duty, he cannot terminate the lease upon a change of station unless the lease itself gives him such right. The Soldiers' and Sailors' Civil Relief Act also gives soldiers certain protections when landlords try to evict them for not paying their rent. Any soldier threatened with eviction should see the legal assistance officer in the office of the Staff Judge Advocate. Pam 27-14 4-4.4. Non-Legal Problems. All problems are not legal problems. You should know what command section can help you in finding solutions. For example, pay problems are handled by the Finance Office and promotion questions are processed in The Adjutant General's Office. Legal aid on criminal matters, whether an Article 15 or court-martial, is not included in the legal assistance program, but is provided by the military justice section of the Staff Judge Advocate office. For assistance in deciding what office can best help you, refer to appendix C. a. Assistance organizations. There are also several emergency services available to handle the crises that frequently occur. The Army Emergency Relief Office can give interest-free loans and, in the case of extreme hardship, free cash grants to soldiers and their dependents who are in financial distress. The Red Cross is capable of providing: trained consultation on family and other personal problems, financial assistance in certain emergency situations, referrals to agencies which can give assistance in employment matters, medical or psychiatric care and children's welfare counseling, and emergency means of communication between soldiers and their families when regular communication facilities are inadequate. The Army Community Service Program is intended to help the soldier help himself by providing information, assistance, and guidance to the soldier and his family in meeting personal and family problems beyond the scope of their own resources and capabilities. b. Emergency leave or compassionate reassignment. Emergency leave and, in many cases, space required transportation on military aircraft may be granted in the event of a death in the immediate family or other urgent personal problems. A soldier may qualify for a compassionate reassignment if he is able to supply evidence that: an unusual problem exists that can only be solved by his reassignment and not by leave or correspondence; the problem can be solved within a reasonable period of time (usually 1 year) ; and the problem did not exist or was not reasonably foreseeable at the time the soldier last came on active duty. In the case of both emergency leave and compassionate reassignment, the Red Cross will assist in obtaining information on conditions at the soldier's home. Requests for emergency leave or compassionate reassignment should be taken to the unit commander. Pam-27-14- CHAPTER 5 NONJUDICIAL PUNISHMENT Section I. Introduction to Article 15, UCMJ 5-1.1. Role of the Commander. Any commanding officer, at any level of the chain of command, including a company, or equivalent, commander may impose nonjudicial punishment for minor offenses upon enlisted men of his command under the provisions of Article 15, UCMJ. (See chap. 3, AR 27-10, and chap. XXVI, MCM, 1969 (Rev.).) Before taking action under Article 15, UCMJ, the commanding officer must satisfy himself a. that the alleged misconduct took place. b. that the misconduct was an offense under the UCMJ. c. that the accused soldier committed the offense. d. that an Article 15, UCMJ is appropriate to the seriousness of the offense considering the soldier's past record. 5-1.2. Legal Rights of the Soldier. After a commanding officer makes a decision from his preliminary investigation to proceed he must notify the enlisted man of his intent to impose Article 15, UCMJ. This notification includes: a. the nature of the offense under the UCMJ. b. the right to demand trial by court-martial. This is of particular importance to a soldier and should only be done after consultation with a lawyer because of the impact of a courtmartial sentence and the stigma of a federal court conviction. c. the right of the enlisted man to make the election of proceeding under Article 15, UCMJ or of demanding trial by courtmartial. d. the right to present evidence in extenuation, mitigation, and defense together with the meaining of those terms. e. the right to consult with a military lawyer prior to making any decision in this matter and his location with the provision of allowing a reasonable time for consultation. Section II. Punishment By accepting an Article 15, UCMJ, the enlisted man agrees Pam 27-14 to allow his commanding officer to decide the case. The maximum punishment allowable will vary depending on the rank of the commanding officer and the rank of the soldier. 5-2.1. Warrant and Company Grade Article 15, UCMJ. A warrant officer, lieutenant, or captain, in command may impose nonjudicial punishment as outlined in Appendix A. If this commander does not consider his punishment authority adequate to the offense, he may forward the case to his field grade commander and request that the field grade commander exercise his own authority under the provisions of Article 15, UCMJ. The warrant or company grade commander cannot recommend a particular punishment that he thinks the offender should receive. In an appropriate circumstance, the field grade commander may return the case to the lower commander for disposition at the unit level. In no case may a superior direct a lower commander to take action under Article 15, UCMJ or dictate the type of punishment he should impose. 5-2.2. Field Grade Article 15, UCMJ. A field grade officer in command may impose punishment as outlined in appendix A. Section III. Clemency .Power of the Commander A commander imposing punishment under Article 15, UCMJ has the power to suspend, remit, mitigate, or set aside the punishment if he concludes that this action is warranted by the circumstances of the case. These powers give the commander an effective means of rehabilitating the soldier. 5-3.1. Suspension. When punishment is suspended, the punishment is held in abeyance, or not put into effect, for a specified period of time. This provides the soldier with an incentive to stay out of trouble. The unexecuted portion of any punishment may be suspended for a reasonable time not to exceed six months. If during the period of suspension the soldier commits further acts of misconduct, the suspension may be vacated (terminated) and the original punishment put into effect. 5-3.2. Mitigation. The severity of the punishment may be reduced by mitigation. This is appropriate when the soldier has demonstrated by subsequent good conduct that he merits a decrease in his punishment. For example, 14 days of extra duty may be reduced to 7 days. ' Pam 27-14 5-3.3. Remission. Remission is the cancellation of the unserved portion of the punishment. 5-3.4. Setting Aside. The commander may set aside an action taken under Article 15, UCMJ when it is clear than an injustice has occurred. All rights and privileges are returned. This type of action would be necessary when new evidence or information indicate that the soldier was innocent. Section IV. The Right to Appeal Every soldier who receives an Article 15, UCMJ has the right to appeal. He may appeal because he feels he did not commit the offense or because he feels the punishment was too severe. The appeal is made to the commander immediately superior to the officer who imposed the punishment. The soldier is entitled to the assistance of a military lawyer in preparing his appeal. An appeal not made within a reasonable time may be rejected by the next superior authority to whom it is made. Although no definite rules can be established as to what will constitute a reasonable time in every situation, an appeal made more than 15 days after the punishment was inposed may be considered, in the absence of extraordinary circumstances, as not having been made within a reasonable time. Upon appeal by the soldier, the next superior commander can approve or reduce but not increase the punishment imposed by the commander. In acting on the appeal, the superior authority may exercise the same clemency powers as the commander who imposed the punishment. The superior commander must refer an appeal to a judge advocate for consideration and advice if it contains any of the following punishments: a. Arrest in quarters in. excess of 7 days. b. Correctional custody in excess of 7 days. c. Forfeiture of more than 7 days' pay. d. Reduction from E-4 and above. e. Extra duty in excess of 14 days. f. Restriction in excess of 14 days. g. Detention of more than 14 days' pay. CHAPTER 6 THE COURT-MARTIAL SYSTEM Section I. Introduction to the Court-Martial System Just as in all other American criminal courts, courts-martialare two-party adversary proceedings. That is, the Governmentand the accused each present the facts, law, and argumentswhich apply to their side. In doing this, each side must followthe rules of procedure and evidence. The military judge determines questions of law (for example, determining whether ornot a search is legal is a question of law). The members of thecourt-martial, who are equivalent to jury members in civilian courts, apply the law to the evidence they hear in the courtroom and decide questions of fact (for example, whether or not theheroin found during the search belonged to the accused). Only acourt can decide the ultimate question of guilt or innocence. 6-1.1. Military Judge. Military judges are assigned to sit on allgeneral and most special courts-martial. These judges are experienced trial attorneys who are selected and trained for assignment as military judges. They perform the same duties as dojudges in civilian courts-decide questions of law, instruct thecourt members on the law which applies to the case, and insurethat the case is conducted fairly and justly. 6-1.2. Court Members. Court members are selected by the commander convening the court from among personnel in his command. Commissioned officers are normally appointed as courtmembers. However, an enlisted person can request that enlistedpersonnel be assigned to sit as members on the court hearing hiscase. In this event at least one-third of all the members of thecourt will be enlisted personnel. They cannot be from the sameunit as the accused. All members of the court, regardless of rankor grade, have an equal voice and vote. A person being tried hasthe right to challenge for cause (that is, for a reason whichdisqualifies the person as an impartial member of the jury) all members on the court or the military judge. In addition, theaccused can challenge one member of the court without giving 6-1 Pam 27-14 any reason whatsoever. This is a peremptory challenge. Any member who is successfully challenged takes no further part in the trial. 6-1.3. Trial by Members or Trial by Judge Alone. In either a general or special court-martial with a military judge, the accused can elect to be tried by a military judge sitting alone. This is in lieu of a court consisting of members. If the accused requests trial by the judge alone, the judge will decide questions of law, fact, and the guilt or innocence of an accused. In the event of a finding of guilty, the judge will also determine the sentence. The decision is one which the accused makes after consulting with his attorney. 6-1.4. Pleas. In military courts only pleas of guilty or not guilty can be entered. If the accused will not make a plea, a plea of not guilty will be entered for him by the court. There is no provision under the UCMJ for "no contest" pleas that are encountered in some civilian courts. In appropriate cases, if the accused agrees to plead guilty the convening authority will agree to take favorable action, as reducing the seriousness of the charges, promising to approve only a particular sentence even though the sentence imposed by the court is greater. This is done because a guilty plea normally saves the Government time and expense in preparing and trying the case. Such pretrial agreements to plead guilty ("deals" is the term you will hear most) can be made only after careful consideration and discussion between the accused and his lawyer. Section II. Types of Court-Martial (See Appendix A) 6-2.1. Summary Court-Martial (SCM). The summary courtmartial is a one-man court designed to handle relatively minor crimes. The procedures are simplified and the maximum punishment (which depends upon the rank of the accused) is limited to confinement at hard labor for 1 month, forfeiture of twothirds' pay for 1 month, and reduction in grade. The accused may consult a lawyer concerning the case but is not entitled to have an appointed military lawyer actually present at the trial unless the summary court officer grants his request to do so. However, an accused cannot be sentenced to confinement by a summary court-martial if he is not represented by counsel, unless he voluntarily and knowingly waives his right to representation. Pam 27-14 6-2.2. Special Court-Martial (SPCM). A special court-martialconsists of at least three members, a trial counsel, and a defensecounsel. At the request of the accused, the defense counsel mustbe a qualified lawyer. A military judge is normally appointedfor the trial. The maximum sentence is confinement at hard laborfor six months, forfeiture of two-thirds' pay per month for 6months, and reduction to the lowest enlisted grade. In someinstances the sentence may include a bad conduct discharge. 6-2.3. General Court-Martial (GCM). A general court-martialtries the most serious offenses. It consists of at least five members, a trial counsel, a defense counsel, and a military judge.The counsel must be qualified lawyers. A formal investigation(Article 32, UCMJ) must be conducted before the case may betried by general court-martial. The general court-martial may adjudge the most severe sentences authorized by law, includingdishonorable discharge. Section III. Review and Appeal of Courts-Martial 6-3.1. Review. Every court-martial conviction is reviewed by theconvening authority who must approve or disapprove the resultof the trial. The Staff Judge Advocate will also review all courtsmartial. All general courts-martial are reviewed by The JudgeAdvocate General or the Court of Military Review. 6-3.2. Appeal. The accused may appeal his conviction by a general court-martial or by a special court-martial which adjudgeda bad conduct discharge to the Court of Military Review and theCourt of Military Appeals. The Court of Military Appeals is acivilian three-man court in Washington, DC. Section IV. Legal Rights of the Soldier The military courts have the same responsibility as all otherfederal and state courts to protect individuals from violationsof their constitutional rights. These basic rights, detailed in chapter 2, insure to all soldiers the goal of the court-martial system:justice under the law. This handbook will not provide the complete answer to a specific serious legal problem. Such problemsshould be discussed with a lawyer in the Office of the StaffJudge Advocate. APPENDIX A MAXIMUM PUNISHMENTS IMPOSABLE ON ENLISTED MEMBERS OF THE US ARMY d~ ....~ ~ ~ ~ ~ Olt>o.. e.t> .,..., ..e :3>. ~ " .., 0 .g " 0 " " ~ " ] >" ~ .a ·-.. :3~ ~'E -="' lj"C> .Iii § e ·-..c: .... ""0" ...s b ~ = " '1: .. e ·c "..c: ~~ ~ QJ QJbl)> ... ~c=! ·~.c "" ~:; -;:~,..cs..!!! """ "".., .. .,.c o.., o .. +'... " 0 QJ ~... s-::s" ... 0"..,.cce ~i3 ;; " 0 ~>. """~s..... o:;sOu " :3 " ·;:; +' '" QJ P: '" ~ "'... ..... +' >:o..1 ~""~ .g~8=2lo., ..o., .. "'CCtl.l ~....., ~~" "ii ~ ·aN OJ,~-;; :a~~ eme g~o o.E c -;gas Ci~~ TABLE 1: Benefits Administered by tbe Army. 1. Payment for accrued Eligible Eligible Not Eligible Not Eligible Not Eligible Not Eligible leave. 2. Death gratuity (six month's pay). Eligible Eligible Eligible 3 Eligible Not Eligible Not Eligible 3. Transportation to home Eligible Eligible Eligible Eligible Eligible Eligible 4. Transportation of de- Eligible Eligible Not Eligible • Not Eligible • Not Eligible • Not Eligible • pendents and house hold goods to home. 5. Wearing of military Eligible Eligible Not Eligible Not Eligible Not Eligible Not Eligible uniform. 6. Admission to soldier's Eligible Eligible Not Eligible Not Eligible Not Eligible Not Eligible home 5 7. Burial in national Eligible Eligible Not Eligible Not Eligible Not Eligible Not Eligible cemetery. 8. Headstone marker 9. Army Board for Correction of Military Records. Eligible Eligible Eligible Eligible Not Eligible Eligible Not Eligible Eligible Not Eligible Eligible Not Eligible Eligible , II' a t:l:l I.... 10. Army Discharge Re-Eligible view Board. See footnotes at end of appendix. Eligible Eligible Not Eligible Not Eligible Not Eligible ~ j1.... ~ ~ TABLE ll: Benefits Administered by the Veterans' Administration • 1. Dependency and indemnity compensation. 2. Compensation for service-connected disability or death. 8. Pension for nonservice connected disability or death. 4. Medal of Honor pension. 6. Insurance 6. Vocational Rehabilitation.• 7. Education assistance (including flight training and apprentice training). 8. War orphans' edueational assistance. 9. Home and other loans :0.. " .. 0 0 " :z:: Eligible Eligible Eligible Eligible Eligible Eligible Eligible Eligible Eligible .: ;e0 .: "' 0 0 ~ ..0.. .. 0 .: 0 _:z;: f~ ~'g ~::> Eligible Eligible Eligible Eligible Eligible Eligible Eligible Eligible Eligible .. .. ..c:: ... 0 .. § .. ~ :€~ ....... -.:o ..0 0" f!u o ·;; ..:z:: ~~s: <="'" ::>::>~ Eligible• Eligible • Eligible• Eligible • Eligible"·' Eligible• Eligible" Eligible • Eligible 1 Qj :;; .. .. .... ::;~ 0~ ~~~ ".:o ]~o o., 0 GJ.~ .,ootJ ....."' >QIXIUJ Eligible• Eligible 1 Eligible 1 Eligible• Eligible •· • Eligible 1 Eligible 1 Eligible I Eligible• Qj ·;:: .. '!;~ ~w~ .g ~8 "~ o., .. 0"" '"Om~ ....... P'l>'le!l Not Eligible Not Eligible Not Eligible Not Eligible Eligible >,1 Not Eligible Not Eligible Not Eligible Not Eligible Qj .. .. ·s~ ..~ :as~ ~ ..e g~o o.E s:: .;~= ·-~.... ~-o Not Eligible Not Eligible Not Eligible Not Eligible Eligible •.1 Not Eligible Not Eligible Not Eligible Not Eligible ""d I» a ~ ~ 10. Hospitalization and Eligible Eligible Eligible I Eligible• Not Eligible Not Eligible domiciliary care. 11. Medical and dental Eligible Eligible Eligible I Eligible • Not Eligible Not Eligible services. 12. Prosthetic appliances 8 Eligible Eligible Eligible• Eligible' Not Eligible Not Eligible 13. Guide dogs and equip· Eligible Eligible Eligible • El~ible Not Eligible Not Eligible ment for blindness.8 14. Special housing 8 Eligible Eligible Eligible• Eligible' Not Eligible Not Eligible 15. Automobiles • Eligible Eligible Eligible • Eligible I Not Eligible Not Eligible 16. Funeral and burial Eligible Eligible Eligible I Eligible' Not Eligible Not Eligible 1 expenses. See footnotes at end of appendix. ; N ~ ~ oj:o. ~ TABLE III: Benefits Administered by Other Federal Agencies 1. Preference for farm loans (Dept of Agriculture). 2. Preference for farm and other rural housing loans (Dept. of Agriculture). 3. Civil Service preference (Civil Service Commission). Civil Service retire '· ment (Civil Service Commission). 6. Reemployment right (Dept. of Labor). 6. Job counseling and employment pla~ement (Dept. of Labor). 7. Unemployment compensation for exservicemen (Dept. of Labor). 8. Naturalization benefits (Dept. of Justice, .. :i.'l .. ... 0 0 " = Eligibl "" <.. bO "" " ... .... "" <="'s s 0 0 .,., 0 p.. .... " !E 0 bO " ~ iii ;:-.._.. "" <=$ <=·;::.. "" " rn 0 0..c: " rn ;;.... <=.. c .. .s ".. ""., .5 ll " !E 0 .. "<="' " ~ .... " !E 0 ,; <="'.. E-< ., " 0 p.. !' ·= "s s 0 o., >..~ SE;.... "'< "' llO "' ".., .. "' "' = ~ e 0 0.... 0 p.. ..,.,... e 0 llO = :e iii .. 1!: "' "' 1!: :l 1!:·;: "' "' " Cll 0 0..c: ,.jJ 'i.. "' 1!: "' c .. s... "' "'.. = ... .. "'... e 0 ..... 1!:.. = [;: .. "' ... e 0 .; = .... E-<.... 0 p.. l1·;; "e e 8., "'·~ft