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Category Archives: Resources

Security clearances & unfavorable administrative actions, AR 380-67

By Citizen Soldier Law |

Chapter 8 Unfavorable Administrative Actions Section I Requirements 8–1. General For purposes of this regulation, an unfavorable administrative action includes any adverse action which is taken as a result of a personnel security determination, as defined in the terms section, and any unfavorable personnel security determination, as defined in the terms section. This chapter… Read More »

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Reserve component medical care and incapacitation pay for line of duty investigations

By Citizen Soldier Law |

SUBJECT: Reserve Component Medical Care and Incapacitation Pay for Line of Duty Conditions References: (a) DoD Directive 1241.1, “Reserve Component Incapacitation Benefits,” December 3, 1992 (hereby canceled) (b) Sections 1074, 1074a, 12322 and 12301(h) of title 10, United States Code (c) Sections 204(g), 204(h) and 206 of title 37, United States Code (d) DoD… Read More »

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Administrative Review and Appellate Procedures for Army physical evaluation board and disability claims.

By Citizen Soldier Law |

Once the Army Formal Physical Evaluation Board Has Occurred (AR 635-40): (2) The PEB may change, modify, or correct its findings and recommendations at any time before the record of proceedings is delivered to the CG, USAPDA or commander, USAHRC. When such changes are made in previously announced findings or recommendations, the PEB will… Read More »

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Combat-related injury determinations made by the PEB; AR 535-40

By Citizen Soldier Law |

Army Regulation 635-40, para. 4-19(j) Armed conflict—instrumentality of war. Certain advantages accrue to those who are retired due to disability and later return to work for the Federal Government when it is determined that the disability for which retired was incurred under specific circumstances. These advantages concern preference eligible status within the Civil Service… Read More »

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AR 635-40 Chapter 1 and 2

By Citizen Soldier Law |

Chapter 1 Introduction 1–1. Purpose This regulation establishes the Army Physical Disability Evaluation System (PDES) according to the provisions of Title 10, United States Code (USC), Chapter 61, (10 USC 61) and DODD 1332.18. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability… Read More »

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AR 635-40 Chapter 3: Policies

By Citizen Soldier Law |

Chapter 3 Policies 3–1. Standards of unfitness because of physical disability The mere presences of an impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier… Read More »

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