Procedural Guide for Article 32 Preliminary Hearing Officer
Summary of Change
Headquarters
Department of the Army
Washington, DC
18 June 2015
*Department of the Army
Pamphlet 27-17
Legal Services
Procedural Guide for Article 32 Preliminary Hearing Officer
By Order of the Secretary of the Army:
RAYMOND T. ODIERNO
General, United States Army
Chief of Staff
Official:
GERALD B. O'KEEFE
Administrative Assistant to the
Secretary of the Army
History. This publication is an administrative revision. The portions affected by this administrative revision are listed in the summary of change.
Summary. This pamphlet is intended to provide information and reference material for the Article 32 preliminary hearing officer. While it may suggest workable solutions to legal problems, it does not purport to promulgate Department of the Army policy. Comments concerning laws, regulations, cases, or other matters represent the opinions of individual specialists in military justice. Laws, regulations, and
court decisions published prior to 26 December 2014 have generally been considered and included in this text.
Applicability. This pamphlet applies to the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. It also applies to Department of the Army Civilians who are involved in any matter that falls under the responsibility and authority of The Judge Advocate General, regardless of whether such person is a member of the Judge Advocate Legal Services. This publication is applicable during mobilization.
Proponent and exception authority. The proponent of this pamphlet is The Judge Advocate General. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal
review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent. Refer to AR 25-30 for specific guidance.
Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to Office of The Judge Advocate General, Criminal Law Division (DAJA-CL), 2200 Army Pentagon, Room 3D548, Washington, DC 20310.
Distribution. This pamphlet is available in electronic media only and is intended for command levels C, D, and E for the Active Army; D and E for the Army National Guard/Army National Guard of the United States; and C, D, and E for the U.S. Army Reserve.
*This regulation supersedes DA PamDA PamDepartment of the Army Pamphlets 27-17, dated 24 July 2014.
TOCTable of Contents
Chapter 1Introduction
Chapter 2Preparing for the preliminary hearing
Chapter 3The Formal Preliminary Hearing
Chapter 4Completion of the Preliminary Hearing Officer’s Report
Appendix AReferences
Appendix BChecklist for Article 32 Preliminary Hearing Officer
This checklist is intended as a resource that will help you meet the legal requirements for an Article 32 preliminary hearing. This checklist is not a comprehensive list of all the tasks you must accomplish for the hearing.
