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3. Response
4. Separation Authority
C. Administrative Board Procedure
1. Notice
2. Additional notice requirements
3. Response
4. Waiver
5. Hearing procedure

a. Composition
b. Presiding officer
c. Witnesses
d. Record of proceedings
e. Presentation of evidence
f. Rights of the respondents
g. Findings and recommendations

(1) Retention or separation
(2) Suspension or separation
(3) Characterization of service or descrip-
tion of separation

(4) Transfer to the Ready Reserves 6. Separation Authority D. Additional Provisions concerning Members

Confined by Civil Authorities E. Additional Requirements for Certain Mem

bers of Reserve Components 1. Members of reserve components not on ac

tive duty 2. Tranfer to the IRR F. Additional Requirements for Members beyond

Military Control by Reason of Unauthorized

Absence 1. Determination of applicability 2. Notice 3. Members of reserve components

PART 1-REASONS FOR SEPARATION A. Expiration of Service Obligation. 1. Basis. A member may be separated upon expiration of enlistment or fulfillment of service obligation. This includes separation authorized by the Secretary concerned when the member is within 30 days of the date of expiration of term of service under the following circumstances:

a. The member is serving outside the continental United States (CONUS); or

b. The member is a resident of a State, territory, or possession outside CONUS and is serving outside the member's State, territory, or possession of residence.

2. Characterization or description. Honorable, unless:

a. An Entry Level Separation is required under subsection C.3. of part 2;

b. Characterization of service as General (under honorable conditions) is warranted under section C. of part 2 on the basis of numerical scores accumulated in a formal, Service-wide rating system that evaluates conduct and performance on a regular basis; or

c. Another characterization is warranted upon discharge from the IRR under section E. of part 3.

B. Selected Changes in Service Obligations. 1. Basis. A member may be separated for the following reasons:

a. General demobilization or reduction in authorized strength.

b. Early separation of personnel under a program established by the Secretary concerned. A copy of the document authorizing such program shall be forwarded to the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics (ASD(MRA&L)) on or before the date of implementation.

c. Acceptance of an active duty commission or appointment, or acceptance into a program leading to such a commission or ap pointment in any branch of the Military Services.

d. Immediate enlistment or reenlistment.

e. Interservice transfer of inactive reserves in accordance with DoD Directive 1205.5.

2. Characterization or description. Honorable, unless:

a. An Entry Level Separation is required under section C. of part 2;

b. Characterization of service as General (under honorable conditions) is warranted under section C. of part 2 on the basis of numerical scores accumulated in a formal, service-wide rating system that evaluates conduct and performance on a regular basis;

C. Another characterization is warranted upon discharge from the IRR under section E. of part 3.

C. Convenience of the Government. 1. Basis. A member may be separated for convenience of the government for the reasons set forth in subsection C.4., below.

2. Characterization or description. Honorable, unless:

a. An Entry Level Separation is required under section C. of part 2; or

b. Characterization of service as General (under honorable conditions) is warranted under section C. of part 2.

3. Procedures. Procedural requirements may be established by the Secretary concerned, subject to procedures established in subsection C.4., below. Prior to characterization of service as General (under honorable conditions), the member shall be notified of the specific factors in the service record that warrant such a characterization, and the Notification Procedure (section B. of part 3) shall be used. Such notice and procedure is not required, however, when characterization of service as General (under honorable conditions) is based upon numerical scores accumulated in a formal, service-wide rating system that evaluates conduct and performance on a regular basis.

4. Reasons. a. Early release to further education. A member may be separated under DoD Directive 1332.15 to attend a college, university, vocational school, or technical school.

b. Early release to accept public office. A member may be separated to accept public office only under circumstances authorized

by the Military Department concerned and (2) Separation processing may not be initiconsistent with DoD Directive 1344.10.

ated until the member has been counseled c. Dependency or hardship. (1) Upon request formally concerning deficiencies and has of the member and concurrence of the gov- been afforded an opportunity to overcome ernment, separation may be directed when those deficiencies as reflected in appropriate genuine dependency or undue hardship exists counseling or personnel records. under the following circumstances:

(3) Separation on the basis of personality (a) The hardship or dependency is not tem- disorder is authorized only if a diagnosis by porary;

a psychiatrist or psychologist, completed in (b) Conditions have arisen or have been ag- accordance with procedures established by gravated to an excessive degree since entry the Military Department concerned, coninto the Service, and the member has made cludes, that the disorder is so severe that the every reasonable effort to remedy the situa- member's ability to function effectively in tion;

the military environment is significantly (c) 'i'he administrative separation will impaired. eliminate or materially alleviate the condi- (4) Separation for personality disorder is tion; and

not appropriate when separation is war(d) There are no other means of alleviation ranted under sections A. through N. or secreasonably available.

tion P. of this part. For example, if separa(2) Undue hardship does not necessarily tion is warranted on the basis of unsatisfacexist solely because of altered present or ex- tory performance (section G.) or misconduct pected income, family separation, or other (section K.), the member should not be sepainconveniences normally incident to Mili- rated under this section regardless of the extary Service.

istence of a personality disorder. d. Pregnancy or childbirth. A female mem- (5) Nothing in this provision precludes sepber may be separated on the basis of preg- aration of a member who has such a condinancy or childbirth upon her request, unless tion under any other basis set forth urder retention is determined to be in the best in- this section (Convenience of the Governterests of the service under section A. of part ment) or for any other reason authorized by 2 and guidance established by the Military this part. Department concerned.

(6) Prior to involuntary separation under e. Parenthood. A member may be separated this provision, the Notification Procedure by reason of parenthood if as a result thereof (section B. of part 3) shall be used. It is determined under the guidance set forth (7) The reasons designated by the Secin section A. of part 2 that the member is un- retary concerned shall be separately reable satisfactorily to perform his or her du- ported. ties or is unavailable for worldwide assign- 1. Additional grounds. The Secretary conment or deployment. Prior to involuntary cerned may provide additional grounds for separation under this provision, the Notifica- separation for the convenience of the governtion Procedure (section B. of part 3) shall be ment. A copy of the document authorizing used. Separation processing may not be initi- such grounds shall be forwarded to the ated until the member has been counseled ASD(MRA&L) on or before the date of impleformally concerning deficiencies and has mentation. been afforded an opportunity to overcome D. Disability. 1. Basis. A member may be those deficiencies as reflected in appropriate separated for disability under the provisions counseling or personnel records.

of 10 U.S.C. chapter 61. f. Conscientious objection. A member may be 2. Characterization or description. Honorable, separated If authorized under 32 CFR part 75 unless: (DoD Directive 1300.6).

a. An Entry Level Separation is required g. Surviving family member. A member may under section C. of part 2; or be separated If authorized under 32 CFR part b. Characterization of service as General 52 (DoD Directive 1315.14).

(under honorable conditions) is warranted h. Other designated physical or mental condi- under section C. of part 2. tions. (1) The Secretary concerned may au- 3. Procedures. Procedural requirements for thorize separation on the basis of other des- separation may be established by the Millignated physical or mental conditions, not tary Departments consistent with 10 U.S.C. amounting to Disability (section D., below), chapter 61. If separation is recommended, the that potentially interfere with assignment following requirements apply prior to charto or performance of duty under the guid- acterization of service as General (under ance set forth in section A. of part 2. Such honorable conditions): the member shall be conditions may include but are not limited notified of the specific factors in the service to chronic seasickness or alrsickness, enuresis, aná personality disorder.

of Mental Disorders, 3d Edition, Committee

on Nomenclature & Statistics, American 1 Personality disorders are described in the Psychiatric Association, Washington, DC, Diagnostic and Statistical Manual (DSM-III) 1978.

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record that warrant such a characterization, (2) If separation processing is initiated, the
and the Notification Procedure (section B. of Notification Procedure (section B. of part 3)
part 3) shall be used. Such notice and proce- shall be used.
dure is not required, however, when charac- 3. Defective enlistment agreements. a. Basis. A
terization of service as General (under hon- defective enlistment agreement exists in the
orable conditions) is based upon numerical following circumstances:
scores accumulated in a formal, service-wide

(1) As a result of a material misrepresentarating system that evaluates conduct and

tion by recruiting personnel, upon which the performance on a regular basis. E. Defective Enlistments and Inductions. 1.

member reasonably relied, the member was Minority. a. Basis. (1) Under age 17. If a mem

induced to enlist with a commitment for ber is under the age of 17, the enlistment of

which the member was not qualified; the member is void, and the member shall be

(2) The member received a written enlistseparated.

ment commitment from recruiting personnel (2) Age 17. A member shall be separated for which the member was qualified, but under 10 U.S.C. 1170 in the following cir- which cannot be fulfilled by the Military cumstances except when the member is re- Service; or tained for the purpose of trial by court-mar- (3) The enlistment was involuntary. See 10 tial:

U.S.C. 802. (a) There is evidence satisfactory to the b. Characterization or description. HonorSecretary concerned that the member is able, unless an Entry Level Separation or an under 18 years of age;

order of release from the custody and control (b) The member enlisted without the writ

of the Military Services (by reason of vold ten consent of the member's parent or guard- enlistment) is required under section C. of lan; and

part 2. (c) An application for the member's separa

c. Procedures. This provision does not bar tion is submitted to the Secretary concerned

appropriate disciplinary action or other adby the parent or guardian within 90 days of the member's enlistment.

ministrative separation proceedings regardb. Description of separation. A member sepa

less of when the defect is raised. Separation rated under subparagraph E.l.a.(1), above,

is appropriate under this provision only in shall receive an order of release from the

the following circumstances: custody and control of the armed forces (by

(1) The member did not knowingly particireason of void enlistment or induction). The

pate in creation of the defective enlistment; separation of a member under subparagraph

(2) The member brings the defect to the atE.1.a.(2), above, shall be described as an tention of appropriate authorities within 30 Entry Level Separation.

days after the defect is discovered or reasonc. Procedure. The Notification Procedure ably should have been discovered by the (section B. of part 3) shall be used.

member; 2. Erroneous. a. Basis. A member may be (3) The member requests separation inseparated on the basis of an erroneous enlist- stead of other authorized corrective action; ment, induction, or extension of enlistment and under the guidance set forth in section A. of (4) The request otherwise meets such cripart 2. An enlistment, induction, or exten

teria as may be established by the Secretary sion of enlistment is erroneous in the follow- concerned. ing circumstances, if: (1) It would not have occurred had the rel

4. Fraudulent entry into military service. a. evant facts been known by the government

Basis. A member may be separated under

guidance set forth in section A. of part 2 on or had appropriate directives been followed;

the basis of procurement of a fraudulent en(2) It was not the result of fraudulent conduct on the part of the member; and

listment, induction, or period of military (3) The defect is unchanged in material re

service through any deliberate material misspects.

representation, omission, or concealment b. Characterization or description. Honor

which, if known at the time of enlistment, able, unless an Entry Level Separation or an

induction, or entry onto a period of military order of release from the custody and control

service, might have resulted in rejection. of the Military Services (by reason of void

b. Characterization or description. Characterenlistment or induction) is required under

ization of service or description of separasection C. of part 2.

tion shall be in accordance with section C. of c. Procedure. (1) If the command rec- part 2. If the fraud involves concealment of a ommends that the individual be retained in prior separation in which service was not military service, the initiation of separation characterized as Honorable, characterization processing is not required in the following normally shall be Under Other Than Honorcircumstances:

able Conditions. (a) The defect is no longer present; or

c. Procedures. The Notification Procedure (b) The defect is waivable and a waiver is (section B. of part 3) shall be used except as obtained from appropriate authority.

follows:

(1) Characterization of service Under Other Than Honorable Conditions may not be issued unless the Administrative Board Procedure (section C. of part 3) is used.

(2) When the sole reason for separation is fraudulent entry, suspension of separation (section B. of part 2) is not authorized. When there are approved reasons for separation in addition to fraudulent entry, suspension of separation is authorized only in the following circumstances:

(a) A waiver of the fraudulent entry is approved; and

(b) The suspension pertains to reasons for separation other than the fraudulent entry.

(3) If the command recommends that the member be retained in military service, the initiation of separation processing is unnecessary in the following circumstances:

(a) The defect is no longer present; or

(b) The defect is waivable and a waiver is obtained from appropriate authority.

(4) If the material misrepresentation includes preservice homosexuality (subsection H.1.), the standards of paragraph H.1.c. and procedures of subsection H.3. shall be applied in processing a separation under this section. In such a case the characterization or description of the separation shall be determined under paragraph E.4.b., above.

F. Entry Level Performance and Conduct. 1. Basis. a. A member may be separated while in entry level status ($41.6(i)) when it is determined under the guidance set forth in section A, of part 2 that the member is unqualified for further military service by reason of unsatisfactory performance or conduct (or both), as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment or minor disciplinary infractions.

b. When separation of a member in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both), the member normally should be separated under this section. Nothing in this provision precludes separation under another provision of this Directive when such separation is authorized and warranted by the circumstances of the case.

2. Counseling and rehabilitation. Separation processing may not be initiated until the member has been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. Counseling and rehabilitation requirements are important with respect to this reason for separation. Because military service is a calling different from any civilian occupation, a member should not be separated when this is the sole reason unless there have been efforts at rehabilitation under standards prescribed by the Secretary concerned.

3. Description of separation. Entry Level Separation.

4. Procedures. The Notification Procedure (section B. of part 3) shall be used.

G. Unsatisfactory Performance. 1. Basis. A member may be separated when it is determined under the guidance set forth in section A. of part 2 that the member is unqualified for further military service by reason of unsatisfactory performance. This reason shall not be used if the member is in entry level status (8 41.6(1)).

2. Counseling and Rehabilitation. Separation processing may not be initiated until the member has been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. Counseling and rehabilitation requirements are of particular importance with respect to this reason for separation. Because military service is a calling different from any civilian occupation, a member should not be separated when unsatisfactory performance is the sole reason unless there have been efforts at rehabilitation under standards prescribed by the Secretary concerned.

3. Characterization or description. The service shall be characterized as Honorable or General (under honorable conditions) in accordance with section C. of part 2.

4. Procedures. The Notification Procedure (section B. of part 3) shall be used.

H. Homosexuality. 1. Basis. a. Homosexuality is incompatible with military service. The presence in the military environment of persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct, seriously impairs the accomplishment of the military mission. The presence of such members adversely affects the ability of the Military Services to maintain discipline, good order, and morale; to foster mutual trust and confidence among servicemembers; to ensure the integrity of the system of rank and command; to facilitate assignment and worldwide deployment of servicemembers who frequently must live and work under close conditions affording minimal privacy; to recruit and retain members of the Military Services; to maintain the public acceptability of military service; and to prevent breaches of security.

b. As used in this section:

(1) Homosexual means a person, regardless of sex, who engages in, desires to engage in, or intends to engage in homosexual acts;

(2) Bisexual means a person who engages in, desires to engage in, or intends to engage in homosexual and heterosexual acts; and

(3) A homosexual act means bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires.

c. The basis for separation may include preservice, prior service, or current service conduct or statements. A member shall be

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separated under this section if one or more of the following approved findings is made:

(1) The member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are approved further findings that:

(a) Such conduct is a departure from the member's usual and customary behavior;

(b) Such conduct under all the circumstances is unlikely to recur;

(c) Such conduct was not accomplished by use of force, coercion, or intimidation by the member during a period of military service;

(d) Under the particular circumstances of the case, the member's continued presence in the Service is consistent with the interest of the Service in proper discipline, good order, and morale; and

(e) The member does not desire to engage in or intend to engage in homosexual acts.

(2) The member has stated that he or she is a homosexual or bisexual unless there is a further finding that the member is not a homosexual or bisexual.

(3) The member has married or attempted to marry a person known to be of the same biological sex (as evidenced by the external anatomy of the persons involved) unless there are further findings that the member is not a homosexual or bisexual and that the purpose of the marriage or attempt was the avoidance or termination of military service.

b. The Administrative Board shall follow the procedures set forth in subsection C.5. of part 3, except with respect to the following matters:

(1) If the Board finds that one or more of the circumstances authorizing separation under paragraph H.1.c., above, is supported by the evidence, the Board shall recommend separation unless the Board finds that retention is warranted under the limited circumstances described in that paragraph.

(2) If the Board does not find that there is sufficient evidence that one or more of the circumstances authorizing separation under paragraph H.1.c. has occurred, the Board shall recommend retention unless the case involves another basis for separation of which the member has been duly notified.

c. In any case in which characterization of service Under Other Than Honorable Conditions is not authorized, the Separation Authority may be exercised by an officer designated under paragraph B.4.a. of part 3.

d. The Separation Authority shall dispose of the case according to the following provisions:

(1) If the Board recommends retention, the Separation Authority shall take one of the following actions:

(a) Approve the finding and direct retention; or

(b) Forward the case to the Secretary concerned with a recommendation that the Secretary separate the member under the Secretary's Authority (section o. of this part 1).

(2) If the Board recommends separation, the Separation Authority shall take one of the following actions:

(a) Approve the finding and direct separation; or

(b) Disapprove the finding on the basis of the following considerations:

1 There is insufficient evidence to support the finding; or

2 Retention is warranted under the limited circumstances described in paragraph H.1.c., above.

(3) If there has been a waiver of Board proceedings, the Separation Authority shall dispose of the case in accordance with the following provisions:

(a) If the Separation Authority determines that there is not sufficient evidence to support separation under paragraph H.1.c., the Separation Authority shall direct retention unless there is another basis for separation of which the member has been duly notified.

(b) If the Separation Authority determines that one or more of the circumstances authorizing separation under paragraph H.1.c. has occurred, the member shall be separated unless retention is warranted under the limited circumstances described in that paragraph.

e. The burden of proving that retention is warranted under the limited circumstances described in paragraph H.1.c. rests with the

2. Characterization or description. Characterization of service or description of separation shall be in accordance with the guidance in section C. of part 2. When the sole basis for separation is homosexuality, a characterization Under Other Than Honorable Conditions may be issued only if such a characterization is warranted under section C. of part 2 and there is a finding that during the current term of service the member attempted, solicited, or committed a homosexual act in the following circumstances:

a. By using force, coercion, or intimidation; b. With a person under 16 years of age;

c. With a subordinate in circumstances that violate customary military superiorsubordinate relationships;

d. Openly in public view; e. For compensation; f. Aboard a military vessel or aircraft; or

g. In another location subject to military control under aggravating circumstances noted in the finding that have an adverse impact on discipline, good order, or morale comparable to the impact of such activity aboard a vessel or aircraft.

3. Procedures. The Administrative Board Procedure (section C. of part 3) shall be used, subject to the following guidance:

a. Separation processing shall be initiated If there is probable cause to believe separation is warranted under paragraph H.1.c., above.

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