Legal Guide For Commanders

This manual, “Legal Guide for Commanders (FM 27-1),” is a guide to military law for company commanders, officers and noncommissioned officers. It will acquaint you with military law as reflected in military justice, administrative law, and personal rights, responsibilities, and restrictions. It outlines basic responsibilities and daily procedures for administering military justice and administrative law in the unit. It will assist you in safeguard the personal and civil rights of the soldiers under your command. The “Powell Report” on the Uniform Code of Military Justice stresses military law's role of maintaining discipline in the Army: Discipline – state of mind which leads to a willingness to obey an order no matter how unpleasant the task to be performed – is not characteristic of a civilian community. Development of this state of mind among soldiers is a command responsibility and a necessity. In the development of discipline, correction of individuals is indispensable; in correction, fairness or justice is indispensable. Thus, it is a mistake to talk of balancing discipline and justice – the two are inseparable. Once a case is before a court-martial, it should be realized by all concerned that the sole concern is to accomplish justice under the law. This does not mean justice as determined by the commander referring a case or by anyone not duly constituted to fulfill a judicial role. It is not proper to say that a military court-martial has a dual function as an instrument of discipline and as an instrument of justice. It is an instrument of justice, and in fulfilling this function it will promote discipline (Powell Report: Report to Honorable Wilbur M. Brucker, Secretary of the Army, 1960).

This Handbook is designed to assist Army Commanders in taking proper immediate action when faced with a variety of legal issues that might arise during your command. The purpose of your actions should be to preserve the legal situation until you can consult with your servicing Judge Advocate. However, like most aspects of your command responsibilities, you can fail if you just wait for things to come to you. You need to be proactive in preventing problems before they occur. In the legal arena, this means establishing and enforcing high standards, ensuring your Soldiers are fully aware of those standards and properly trained to comply with them. You must also properly train your Soldiers on all Army policies and higher level command standards so that they also understand and comply with them. Soldiers must also be well-versed in the Army Values and be able to apply those values to real- world situations, which will usually keep them well within legal bounds.Topics include:THE TOP TEN SITUATIONS WHERE YOU SHOULD IMMEDIATELY CONSULT YOUR SERVICING JUDGE ADVOCATEMILITARY JUSTICE/CRIMINAL LAW Introduction to Military Criminal Law Misconduct: Options and Duties Of The Commander Unlawful Command Influence R.C.M. 303 Preliminary Inquiry Non-Judicial Punishment, Article 15, UCMJ Article 15 ScriptSearch and Seizure Self-Incrimination, Confessions, and Rights Warning UCMJ Punitive Articles Urinalysis, Drug and Alcohol Policies Fraternization and Improper Senior-Subordinate Relationships Proper Responses to Reports of Sexual Assault Victim -Witness IssuesINVESTIGATIONS Administrative Investigations/References Intro AR 15-6 Investigations Accident Investigations (AR 385-10) Line of Duty Investigations (AR 600-8-4) Fatal Training/Operational Accident Presentations to Next Of Kin (AR 600-34) Financial Liability Investigations (AR 735-5)STANDARDS OF ETHICAL CONDUCT Standards of Conduct Commanders Coins Support to Non-Federal Entities Government Motor Vehicle Transportation Family Readiness Groups Accompanying Spousal Travel Annual Filing of Financial Disclosure FormsADMINISTRATIVE LAW AND PERSONNEL ACTIONS “Flagging” Soldiers from Positive Personnel Actions Enlisted Separations Officer Separations Bars To Reenlistment – Field Initiated Qualitative Service Program (QSP) Removal of Enlisted Soldiers From Promotion Lists Removal of Commissioned and Warrant Officers From Promotion Lists Security Clearances – Suspension and Revocation Sexual Harassment Domestic Violence Amendment to the Gun Control Act (Lautenberg Amendment) & FAP Article 138 Complaints Relief from CommandINDIVIDUAL SOLDIER RIGHTS Body Piercing & Tattoo Policy Conscientious Objection Behavioral Health Evaluations Command Access to a Soldier's Protected Health Information (HIPAA) Extremist Organizations and Activities Political Activities by Members of The Armed Forces Whistleblower Protection Service Member's Civil Relief Act (SCRA) Religious Accommodation INTERNATIONAL & OPERATIONAL LAW Rules of Engagement Law of Armed Conflict CLAIMS AND CLIENT SERVICES Article 139 Claims Foreign and Deployment Claims Family Support Obligations (AR 608-99) Debt and Consumer ProtectionGOVERNMENT INFORMATION PRACTICES Freedom of Information Act Program Privacy Act ProgramFISCAL LAW Fiscal Law for Commanders

Released October 2017 This is Volume 1 of 2 of the Military Commander and the Law is a publication of The Judge Advocate General's School. This publication is used as a deskbook for instruction at various commander courses at Air University. It also serves as a helpful reference guide for commanders in the field, providing general guidance and helping commanders to clarify issues and identify potential problem areas. Includes Chapters 1 thru 10. The concept of command carries dual functions -- Legal authority over people, including power to discipline -- Legal responsibility for the mission and resources The books we publish cover a wide range of topics from acquisition to logistics primarily for government agencies and constitute the best practices. This holistic approach to military publications continues to grow as we find new updates to outdated publications. Why buy a book you can download for free? We print this book so you don't have to. First you gotta find a good clean (legible) copy and make sure it's the latest version (not always easy). Some documents found on the web are missing some pages or the image quality is so poor, they are difficult to read. We look over each document carefully and replace poor quality images by going back to the original source document. We proof each document to make sure it's all there - including all changes. If you find a good copy, you could print it using a network printer you share with 100 other people (typically its either out of paper or toner). If it's just a 10-page document, no problem, but if it's 250-pages, you will need to punch 3 holes in all those pages and put it in a 3-ring binder. Takes at least an hour. It's much more cost-effective to just order the latest version from Amazon.com This book includes original commentary which is copyright material. Note that government documents are in the public domain. We print these large documents as a service so you don't have to. The books are compact, tightly-bound, full-size (8 1⁄2 by 11 inches), with large text and glossy covers. 4th Watch Publishing Co. is a SDVOSB. www.usgovpub.com

This U.S. Army manual, the 2019 US Army Commander's Legal Handbook Misc Pub 27-8, from the Judge Advocate General's Legal Center & School, is designed to assist Commanders with legal situations by helping them to recognize and avoid issues, or take immediate actions necessary to preserve the situation when legal issues arise. This Handbook is designed to assist you in taking proper immediate action when faced with a variety of legal issues that might arise during your command. The purpose of your actions should be to preserve the legal situation until you can consult with your servicing Judge Advocate. However, like most aspects of your command responsibilities, you can fail if you just wait for things to come to you. You need to be proactive in preventing problems before they occur. In the legal arena, this means establishing and enforcing high standards, ensuring your Soldiers are fully aware of those standards and properly trained to comply with them. You must also properly train your Soldiers on all Army policies and higher-level command standards so that they also understand and comply with them. Soldiers must also be well-versed in the Army Values and be able to apply those values to real-world situations, which will usually keep them well within legal bounds. All Soldiers have seen issues in the news that can occur when we are not proactive about discipline and standards: Abuse of prisoners, desecration of corpses, hazing, and sexual assault to name recent examples. All of these circumstances present serious legal issues. But, fundamentally, they also represent a breakdown in unit standards, training, and discipline. Your objective as a Commander should be to develop solid systems and a command climate that prevents legal issues, rather than just reacting to them. In sum, it is every bit as important to train your Soldiers to maintain a high level of discipline and compliance with law, policy, and military standards, as it is to train them to perform your Mission Essential Task List (METL). In legal circles, we call this effort to prevent legal problems before they arise by properly training Soldiers, "preventive law." The responsibility to practice preventive law belongs to the Commander.

This United States Army Commander's Legal Handbook 2013 edition is designed to assist you in taking proper immediate action when faced with a variety of legal issues that might arise during your command. It is the single best comprehensive legal guide for Soldiers, Commanders, and Commissioned and Noncommissioned Officers of all ranks. It includes the following topics:The Commander's Responsibility to Practice Preventive Law; Situations Where You Should Immediately Consult Your Servicing Judge Advocate; Military Justice; Misconduct: Options and Duties of the Commander; Unlawful Command Influence; Commander's Preliminary Inquiry; Nonjudicial Punishment (Article 15, UCMJ); Company Grade Article 15 Script; Search & Seizure; Self-Incrimination, Confessions, and Rights Warning; Punitive Articles of the UCMJ; Urinalysis; Fraternization and Improper Senior-Subordinate Relationships; Proper Responses to Reports of Sexual Assault; Victim Programs; Investigations; Administrative Investigations; AR 15-6 Investigations; Accident Investigations (AR 385-10); Line of Duty Investigations; Fatal Training / Operational Accident Presentations to Next of Kin; Financial Liability Investigations (FLIPL); Standards of Ethical Conduct; Standards of Ethical Conduct in the Army; Commander's Coins; Support to Non-Federal Entities; Government Motor Vehicle Transportation; Accompanying Spouse Travel; Family Readiness Groups; Annual Filing of Financial Disclosure Forms; Administrative Law and Personnel Actions; "Flagging" Soldiers from Positive Personnel Actions; Enlisted Separations; Officer Separations; Bars to Reenlistment; Qualitative Service Program (QSP); Removal of Enlisted Soldiers from Promotion Lists; Removal of Commissioned and Warrant Officers from Promotion Lists; Security Clearances - Suspension and Revocation; Sexual Harassment; Domestic Violence Amendment to the Gun Control Act (Lautenberg Amendment) & FAP; Article 138 Complaints; Relief from Command; Medical-Legal Issues; Impact of Misconduct on the Physical Disability Evaluation System Process; Mental Health Evaluations Command Access to Soldiers' Protected Health Information (HIPAA); Individual Soldier Rights; Body Piercing and Tattoo Policy; Conscientious Objection; Extremist Organizations and Activities; Political Activities by Members of the Armed Forces; Whistleblower Protection; Service Member's Civil Relief Act (SCRA); Religious Accommodation; International and Operational Law; Rules of Engagement; Law of Armed Conflict; Claims and Client Services; Article 139 Claims; Foreign and Deployment Claims; Family Support Obligations; Consumer Protection Law; Government Information Practices; Freedom of Information Act (FOIA) Program; Privacy Act Program; Contract and Fiscal Law; Government Contract Law for Commanders; Fiscal Law for Commanders; Useful References for Commanders

Released October 2017 This is Volume 2 of 2. The Military Commander and the Law is a publication of The JudgeAdvocate General's School. This publication is used as a deskbook for instruction at variouscommander courses at Air University. It also serves as a helpful reference guide forcommanders in the field, providing general guidance and helping commanders to clarify issuesand identify potential problem areas. Contains Chapters 11 thru end. The concept of command carries dual functions -- Legal authority over people, including power to discipline -- Legal responsibility for the mission and resources The books we publish cover a wide range of topics from acquisition to logistics primarily forgovernment agencies and constitute the best practices. This holistic approach to militarypublications continues to grow as we find new updates to outdated publications. Why buy a book you can download for free? We print this book so you don't have to. First you gotta find a good clean (legible) copy and make sure it's the latest version (not always easy). Some documents found on the web are missing some pages or the image quality is so poor, they are difficult to read. We look over each document carefully and replace poor quality images by going back to the original source document. We proof each document to make sure it's all there - including all changes. If you find a good copy, you could print it using a network printer you share with 100 other people (typically its either out of paper or toner). If it's just a 10-page document, no problem, but if it's 250-pages, you will need to punch 3 holes in all those pages and put it in a 3-ring binder. Takes at least an hour. It's much more cost-effective to just order the latest version from Amazon.com This book includes original commentary which is copyright material. Note that government documents are in the public domain. We print these large documents as a service so you don't have to. The books are compact, tightly-bound, full-size (8 1⁄2 by 11 inches), with large text and glossy covers. 4th Watch Publishing Co. is a SDVOSB. www.usgovpub.com