DEPARTMENT OF THE ARMY

HEADQUARTERS, 35TH AIR DEFENSE ARTILLERY BRIGADE UNIT #15757 APO AP 96266-5757
REPLY TO ATTENTION OF

EAAD-Z

25 September 2007

MEMORANDUM FOR All 35TH Air Defense Artillery Brigade Assigned Soldiers and Civilians SUBJECT: 35TH Air Defense Artillery Brigade Policy Letter # 13 - Limitation on Exercise of Authority. 1. Reference 19th Theater Support Command Policy Letter #37 – Limitation on Exercise of Authority; Areas III and IV. 2. Limitation on exercise of authority based on rank. a. Authority to impose non-judicial punishment under Article 15, UCMJ and to issue administrative reprimands for acts of misconduct involving Commissioned Officers, Warrant Officers, Sergeants Major, First Sergeants and Master Sergeants are withheld to the Commanding General, 19th Theater Support Command. b. I withhold from all subordinate commanders the authority to impose non-judicial punishment under Article 15, UCMJ and to issue administrative reprimands for acts of misconduct involving Noncommissioned Officers in the rank of Sergeant First Class (E7) who are assigned or attached to my Special Court-Martial Convening Authority Jurisdiction (35th ADA BDE). 3. Limitation on exercise of authority based on category of misconduct. a. I withhold from all subordinate commanders the authority to impose non-judicial punishment under Article 15, UCMJ and to issue administrative reprimands for acts of misconduct involving Noncommissioned Officers in the ranks of Sergeant and Staff Sergeant (E5-E6) for the following offenses: (1) Off-post offenses. (2) Sexual harassment and fraternization. (3) All drug offenses and all offenses committed under the influence of alcohol. (4) Spousal abuse. (5) Incidents involving weapons, as defined in USFK Regulation 27-5, dated 1 JUN 98. b. Offenses committed by Soldiers in the rank of Private to Specialist (PVT-SPC) listed in paragraph 3a above, are withheld to the Soldier’s battalion commander.

EAAD-Z SUBJECT: 35TH Air Defense Artillery Brigade Policy Letter # 13 - Limitation on Exercise of Authority.

c. I withhold from all subordinate commanders the authority to impose non-judicial punishment under Article 15, UCMJ and to issue administrative reprimands for any Soldier regardless of rank for all allegations of assault, to include sexual assault. 4. Relief for cause actions. I will be informed of all relief for cause actions initiated on Master Sergeants and above. Relief for Cause actions for commanders will comply with the provisions of AR 600-20. 5. Procedures. a. Suspected offenses will be promptly investigated. Investigation of minor offenses (AWOL, failure to repair, simple assaults, etc.) is the responsibility of the suspect’s immediate commander. Military Police Investigators (MPI) and Criminal Investigation Division (CID) agents will assist in the investigation of more serious offenses. Commanders should take appropriate action when sufficient facts are known, even if a final MPI or CID report has not been received. b. For cases where authority is withheld to a certain level of commander and a lower level commander believes that non-judicial punishment or an administrative reprimand is appropriate, that commander will expeditiously forward all available evidence through intermediate commanders, and to the appropriate commander with recommendations as to disposition of the case. Such requests will be considered and the decision whether to return the case will be made on a case-by-case basis. Your unit trial counsel will assist you in this process. c. This limitation on exercise of authority does not affect the authority of subordinate commanders to initiate and process administrative separation actions, to discuss relief, or to prefer and/or forward court-martial charges. 6. Final Guidance a. Commanders at all levels are required by law to provide their honest and independent recommendation on how misconduct should be addressed. Nothing in this policy statement should be interpreted to indicate that allegations must be disposed of in a particular manner, that predetermined types or amounts of punishment are appropriate, or that adverse action is required in all cases or a particular case. b. The unit Trial Counsel is responsible for advising commanders on this policy and preparing the necessary documents to implement commander’s recommendations and decisions in accordance with this policy.

.

EAAD-Z SUBJECT: 35TH Air Defense Artillery Brigade Policy Letter # 13 - Limitation on Exercise of Authority.

7. The point of contact for this action is the Brigade Trial Counsel, at DSN 783-5565.

JAMES H. DICKINSON COL, AD Commanding