Officer Transfers and Discharges - Army Publishing Directorate ...

(3) A Board of Inquiry data sheet (see fig 4–2) will be used as a final check of the report of proceedings only
insofar as it is consistent with the elimination procedures established by this regulation. Figure 4–2 is only intended to
provide guidance.
(4) Clemency may not be concurrently recommended by a Board of Inquiry when the board has concluded that an
officer should be eliminated. Clemency can only be exercised by the Secretary of the Army or their designee.
4–16. Actions concerning Board of Inquiry defects
At any time after receipt and review of a case by the GOSCA or HRC, the following actions may be taken with respect
to substantial defects that may be noted:
a. The retention of the officer may be directed.
b. If the Board of Inquiry has failed to make findings or recommendations required by the applicable regulations,
the case may be returned to the same board for compliance with the regulations concerned.
c. If there is an apparent procedural error or omission in the record of proceedings that may be corrected without
reconsideration of the findings and recommendations of the board, the case may be returned to the same board for
corrective action.
d. If the Board of Inquiry committed an error, other than as is dictated in b and c, above, that substantially
prejudiced a substantial right of the officer, the case may be returned for a rehearing by a new board. The new board
may be furnished the evidence properly considered by the previous board, including extracts from the record of
testimony of those witnesses not deemed reasonably available to testify at the rehearing. The new board may call
additional witnesses. New allegations that could form the basis for an elimination under paragraph 4–2 may be
presented to the new Board of Inquiry. First, however, the officer will be given notice of the new allegations and
provided an opportunity to respond. The case will then be processed as stated in paragraph 4–18. The new board will
not be advised of the findings and recommendations of the previous board. The new board’s findings and recommendations
may not be less favorable than that of the previous board unless additional allegations are considered. Likewise,
the recommendation of the appointing authority may not be less favorable than initial recommendation, unless
additional allegations are considered by the subsequent board.
e. When a case is returned to the board pursuant to b or c, above, and one or more members of that board are
unavailable because of factors such as death, hospitalization, or PCS, new members may be appointed. The case may
proceed with an opportunity to challenge the members and after the substance of all proceedings is made known to the
new member or members and the recorded testimony of each witness previously examined is made known to the new
member. No more than one rehearing may be directed by the GOSCA without approval from DASA–RB.
4–17. Board of review
a. An officer recommended for elimination by a Board of Inquiry will have their case referred to a Board of
Review. The Board of Review is appointed by the Secretary of the Army or his designee and has the same board
composition as the Board of Inquiry. The Board of Review, after thorough review of the records of the case, will make
recommendations to the Secretary of the Army or his designee as to whether the officer should be retained in the
Army. Appearance by the respondent (or the counsel) is not authorized.
b. No officer will sit as a member of the Board of Review who—
(1) Has been called as a witness.
(2) Was a member of the selection board for respondent.
(3) Appeared as a witness before or was a member on any previous Board of Inquiry, Board of Review, or board of
officers with respect to the respondent.
(4) Was a member or was the reviewing authority in a court-martial before which the respondent was the accused.
(5) Previously has recommended or participated in recommending elimination or REFRAD of the officer concerned.
(6) Rendered a derogatory evaluation report on the accused.
(7) Otherwise has considered the case of the accused.
(8) Does not meet the board membership requirements.
c. When the board recommends—
(1) Retention in the Army (with or without reassignment), the proceedings will be forwarded to HRC–Alexandria
(AHRC–OPD–A) and the case will be closed.
(2) Elimination from the Army (to include type of discharge and characterization, if applicable), the recommendation
will be transmitted to the Secretary of the Army or his designee, who makes the final decision.
d. An officer discharged solely for substandard performance of duty will receive an honorable discharge. The Board
of Review may recommend the characterization of discharge to be more favorable than recommended by the Board of
Inquiry but not less favorable.
e. When the Board of Review recommends elimination, it may also recommend clemency, stating the reasons.
However, only the Secretary of the Army or his designee may grant clemency.
AR 600–8–24 12 April 2006/RAR 13 September 2011
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