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member, except in cases where the member's J. Alcohol Abuse Rehabilitation Failure. 1. conduct was solely the result of a desire to Basis. a. A member who has been referred to avoid or terminate military service.

a program of rehabilitation for drug and alf. Findings regarding the existence of the cohol abuse may be separated for failure limited circumstances warranting a mem- through inability or refusal to participate in, ber's retention under paragraph H.1.c. are re- cooperate in, or successfully complete such & quired only if:

program in the following circumstances: (1) The member clearly and specifically

(1) There is a lack of potential for continraises such limited circumstances; or

ued military service; or (2) The Board or Separation Authority relies upon such circumstances to justify the

(2) Long-term rehabilitation is determined member's retention.

necessary and the member is transferred to a g. Nothing in these procedures:

civilian medical facility for rehabilitation. (1) Limits the authority of the Secretary

b. Nothing in this provision precludes sepaconcerned to take appropriate action in a

ration of a member who has been referred to case to ensure that there has been compli

such a program under any other provision of ance with the provisions of this part;

this part in appropriate cases. (2) Precludes retention of a member for a

c. Alcohol abuse rehabilitation failures limited period of time in the interests of na

shall be reported separately from drug abuse tional security as authorized by the Sec- rehabilitation failures. If separation is based retary concerned;

on both, the primary basis shall be used for (3) Authorizes a member to seek Secretar- reporting purposes. ial review unless authorized in procedures 2. Characterization of description. When a promulgated by the Secretary concerned; member is separated under this provision,

(4) Precludes separation in appropriate cir- characterization of service as Honorable or cumstances for another reason set forth in General (under honorable conditions) is authis part; or

thorized except when an Entry Level Separa(5) Precludes trial by court-martial in ap- tion is required under section C. of part 2. propriate cases.

3. Procedures. The Notification Procedure 1. Drug Abuse Rehabilitation Failure. 1.

(section B. of part 3) shall be used. Basis. a. A member who has been referred to

K. Misconduct. 1. Basis. a. Reasons. A mema program of rehabilitation for personal drug

ber may be separated for misconduct when it and alcohol abuse may be separated for fail- is determined under the guidance set forth in ure through inability or refusal to partici

section A. of part 2 that the member is unpate in, cooperate in, or successfully com

qualified for further military service by reaplete such a program in the following cir

son of one or more of the following circumstances:

cumstances: (1) There is a lack of potential for contin

(1) Minor disciplinary infractions. A pattern ued military service; or

of misconduct consisting solely of minor dis(2) Long-term rehabilitation is determined

ciplinary infractions. If separation of a memnecessary and the member is transferred to a

ber in entry level status is warranted solely civilian medical facility for rehabilitation.

by reason of minor disciplinary infractions, b. Nothing in this provision precludes sepa

the action should be processed under Entry ration of a member who has been referred to

Level Performance and Conduct (section F., such a program under any other provision of this part in appropriate cases.

above). c. Drug abuse rehabilitation failures shall

(2) A pattern of misconduct. A pattern of be reported separately from alcohol abuse re

misconduct consisting of (a) descreditable habilitation failures. If separation is based

involvement with civil or military authorion both, the primary basis shall be used for

ties or (b) conduct prejudicial to good order reporting requirements.

and discipline. 2. Characterization or description. When a

(3) Commission of a serious offense. Commismember is separated under this provision,

sion of a serious military or civilian offense characterization of service as Honorable or

if in the following circumstances: General (under honorable conditions) is au

(a) The specific circumstances of the ofthorized except when an Entry Level Separa

fense warrant separation; and tion is required under section c. of part 2. (b) A punitive discharge would be authorThe relationship between voluntary submis- ized for the same or a closely related offense sion for treatment and the evidence that under the Manual for Courts-Martial, 1969 may be considered on the issue of character- (Revised Edition), as amended. ization is set forth in subparagraph C.2.c.(6) (4) Civilian conviction. (a) Conviction by ciof part 2. The relationship between manda- vilian authorities or action taken which is tory urinalysis and the evidence that may be tantamount to a finding of guilty, including considered on the issue of characterization is similar adjudications in juvenile proceedset forth in subparagraph C.2.c.(7) of part 2. ings, when the specific circumstances of the

3. Procedures. The Notification Procedure offense warrant separation, and the follow(section B. of part 3) shall be used.

ing conditions are present:

1 A punitive discharge would be authorized and K.1.a.(2) and characterization of service for the same or a closely related offense Under Other Than Honorable Conditions is under the Manual for Courts-Martial; or nct warranted under section C. of part 2.

2 The sentence by civilian authorities in- L. Separation in Lieu of Trial by Court-Marcludes confinement for six months or more tial. 1. Basis. A member may be separated without regard to suspension or probation. upon request of trial by court-martial if

(b) Separation processing may be initiated charges have been preferred with respect to whether or not a member has filed an appeal an offense for which a punitive discharge is of a civilian conviction or has stated an in- authorized and it is determined that the tention to do so. Execution of an approved member is unqualified for further military separation should be withheld pending out- service under the guidance set forth in seccome of the appeal or until the time for ap- tion A. of part 2. This provision may not be peal has passed, but the member may be sep- used when section B. of paragraph 127c of the arated prior to final action on the appeal

Manual for Courts-Martial provides the sole upon request of the member or upon direc

basis for a punitive discharge unless the tion of the Secretary concerned.

charges have been referred to a court-marb. Reporting. The Deputy Assistant Sec

tial empowered to adjudge a punitive disretary (Military Personnel and Force Man

charge. agement), Office of the ASD (MRA&L), shall

2. Characterization or description. Characterrequire separate reports under each subpara

ization of service normally shall be Under graph in paragraph K.1.a. for misconduct by

Other Than Honorable Conditions, but charreason of drug abuse, unauthorized absence,

acterization as General (under honorable and such other categories as may be appro

conditions) may be warranted under the priate.

guidelines in section C. of part 2. For reC. Related separations. Misconduct involving homosexuality shall be processed under

spondents who have completed entry level section H. Misconduct involving a fraudulent

status, characterization of service as Honorenlistment is considered under subsection

able is not authorized unless the respond

ent's record is otherwise so meritorious that E.4., above. 2. Counseling and rehabilitation. Separation

any other characterization clearly would be

inappropriate. When characterization of processing for a pattern of misconduct (sub

service Under Other Than Honorable Condiparagraphs K.1.a. (1) and (2)) may not be initiated until the member has been counseled

tions is not warranted for a member in entry formally concerning deficiencies and has

level status under section C. of part 2, the been afforded an opportunity to overcome

separation shall be described as an Entry those deficiencies as reflected in appropriate

Level Separation. counseling or personnel records. If the sole

3. Procedures. a. The request for discharge basis of separation is a single offense (sub

must be submitted in writing and signed by paragraph K.1.a.(3)) or a civilian conviction

the member. or a similar juvenile adjudication (subpara

b. The member shall be afforded opporgraph K.1.a.(4)), the counseling and rehabili- tunity to consult with counsel qualified tation requirements are not applicable.

under Article 27(b)(1) of the UCMJ. If the 3. Characterization or description. Character

member refuses to do so, counsel shall preization of service normally shall be Under

pare a statement to this effect, which shall Other Than Honorable Conditions, but char

be attached to the file, and the member shall acterization as General (under honorable state that he or she has waived the right to conditions) may be warranted under the

consult with counsel. guidelines in section C. of part 2. For re

c. Except when the member has walved the spondents who have completed entry level

right to counsel, the request shall be signed status, characterization of service as Honor- by counsel. able is not authorized unless the respond- d. In the written request, the member shall ent's record is otherwise so meritorious that state that he or she understands the followany other characterization clearly would be ing: inappropriate and the separation is approved (1) The elements of the offense or offenses by a commander exercising general court- charged; martial jurisdiction or higher authority as (2) That characterization of service Under specified by the Secretary concerned. When Other Than Honorable Conditions is authorcharacterization of service Under Other ized, and Than Honorable Conditions is not warranted (3) The adverse nature of such a characterfor a member in entry level status under sec- ization and possible consequences thereof. tion C. of part 2, the separation shall be de- e. The Secretary concerned shall also rescribed as an Entry Level Separation.

quire that one or both of the following mat4. Procedures. The Administrative Board ters be included in the request: Procedure (section C. of part 3) shall be used, (1) An acknowledgment of guilt of one or except that use of the Notification Procedure more of the offenses or any lesser included (section B. of part 3) is authorized if separa- offenses for which a punitive discharge is aution is based upon subparagraphs K.1.a.(1) thorized; or

(2) A summary of the evidence or list of documents (or copies thereof) provided to the member pertaining to the offenses for which a punitive discharge is authorized.

f. The Separation Authority shall be a commander exercising general court-martial jurisdiction or higher authority as specified by the Secretary concerned.

g. Statements by the member or the member's counsel submitted in connection with a request under this subsection are not admissible against the member in a court-martial except as authorized under Military Rule of Evidence 410, Manual for Courts-Martial.

M. Security. 1. Basis. When retention is clearly inconsistent with the interest of national security, a member may be separated by reason of security and under conditions and procedures established by the Secretary of Defense in DoD 5200.2-R.

2. Characterization or description. Characterization of service or description of a separation shall be in accordance with section C. of part 2.

N. Unsatisfactory Participation in the Ready Reserve. 1. Basis. A member may be separated for unsatisfactory participation in the Ready Reserve under criteria established by the Secretary concerned under 32 CFR part 100 (DoD Directive 1215.13).

2. Characterization or description. Characterization of service or description of a separation shall be in accordance with section C. of part 2 and 32 CFR part 100 (DOD Directive 1215.13).

3. Procedures. The Administrative Board Procedure (section C. of part 3) shall be used, except that the Notification Procedure (section B. of part 3) may be used if characterization of service Under Other Than Honorable Conditions is not warranted under section C. of part 2

O. Secretarial Plenary Authority.

1. Basis. Notwithstanding any limitation on separations provided in this part the Secretary concerned may direct the separation of any member prior to expiration of term of service after determining it to be in the best interests of the Service.

2. Characterization or description. Honorable or General (under honorable conditions) as warranted under section C. of part 2 unless an Entry Level Separation is required under section C. of part 2.

3. Procedures. Prior to involuntary separation, the Notification Procedure (section B. of part 3) shall be used, except the procedure for requesting an Administrative Board (paragraph B.1.g. of part 3) is not applicable.

P. Reasons Established by the Military Departments. 1. Basis. The Military Departments may establish additional reasons for separation for circumstances not otherwise provided for in this part to meet specific requirements, subject to approval by the ASD (MRA&L).

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 except when the Military Department concerned provides in its implementing document that counseling and rehabilitation requirements are not applicable for the specific reason for separation.

3. Characterization or description. Characterization of service or description of a separation shall be in accordance with section C. of part 2.

4. Procedures. The procedures established by the Military Departments shall be consistent with the procedures contained in this part insofar as practicable. PART 2 GUIDELINES ON SEPARATION AND

CHARACTERIZATION A. Separation. 1. Scope. This general guidance applies when referenced in part 1. Further guidance is set forth under the specific reasons for separation in part 1.

2. Guidance. a. There is a substantial investment in the training of persons enlisted or inducted into the Military Services. As a general matter, reasonable efforts at rebabilitation should be made prior to initiation of separation proceedings.

b. Unless separation is mandatory, the potential for rehabilitation and further useful military service shall be considered by the Separation Authority and, where applicable, the Administrative Board. If separation is warranted despite the potential for rehabilitation, consideration should be given to suspension of the separation, if authorized.

c. Counseling and rehabilitation efforts are a prerequisite to initiation of separation proceedings only insofar as expressly set forth under specific requirements for separation in part 1. An alleged or established inadequacy in previous rehabilitative efforts does not provide a legal bar to separation.

d. The following factors may be considered on the issue of retention or separation, depending on the circumstances of the case:

(1) The seriousness of the circumstances forming the basis for initiation of separation proceedings, and the effect of the member's continued retention on military discipline, good order, and morale.

(2) The likelihood of continuation or recurrence of the circumstances forming the basis for initiation of separation proceedings.

(3) The likelihood that the member will be a disruptive or undesirable influence in present or future duty assignments.

(4) The ability of the member to perform duties effectively in the present and in the future, including potential for advancement or leadership.

(5) The member's rehabilitative potential.

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(6) The member's entire military record. (3) When the conduct is the subject of a re(a) This may include:

hearing ordered on the basis of fraud or col1 Past contributions to the Service, assign- lusion. ments, awards and decorations, evaluation B. Suspension of Separation. 1. Suspension. a. ratings, and letters of commendation;

Unless prohibited by this part a separation 2 Letters of reprimand or admonition, may be suspended for a specified period of counseling records, records of nonjudicial not more than 12 months by the Separation punishment, records of conviction by court- Authority or higher authority if the cirmartial and records of involvement with ci- cumstances of the case indicate a reasonable vilian authorities; and

likelihood or rehabilitation. 3 Any other matter deemed relevant by the b. During the period of suspension, the Board, if any, or the Separation Authority member shall be afforded an opportunity to based upon the specialized training, duties, meet appropriate standards of conduct and and experience of persons entrusted by this duty performance. part with recommendations and decisions on c. Unless sooner vacated or remitted, exethe issue of separation or retention.

cution of the approved separation shall be re(b) The following guidance applies to con- mitted upon completion of the probationary sideration of matter under subparagraph period, upon termination of the member's A.2.d.(6)(a):

enlistment or period of obligated service, or 1 Adverse matter from a prior enlistment upon decision of the Separation Authority or period of military service, such as records that the goal of rehabilitation has been of nonjudicial punishment and convictions achieved. by courts-martial, may be considered only 2. Action during the period of suspension. a. when such records would have a direct and During the period of suspension, if there are strong probative value in determining further grounds for separation under part 1, whether separation is appropriate. The use of one or more of the following actions may be such records ordinarily shall be limited to taken: those cases involving patterns of conduct (1) Disciplinary action; manifested over an extended period of time. (2) New administrative action; or

2 Isolated incidents and events that are re- (3) Vacation of the suspension accompanied mote in time normally have little probative by execution of the separation if the member value in determining whether administrative engages in conduct similar to that for which separation should be effected.

separation was approved (but suspended) or 3. Limitations on separation actions. A mem- otherwise fails to meet appropriate standber may not be separated on the basis of the ards of conduct and duty performance. following:

b. Prior to vacation of a suspension, the a. Conduct that has been the subject of ju- member shall be notified in writing of the dicial proceedings resulting in an acquittal basis for the action and shall be afforded the or action having the effect thereof except in opportunity to consult with counsel (as prothe following circumstances:

vided in paragraph B.1.f. of part 3) and to (1) When such action is based upon a judi- submit a statement in writing to the Separacial determination not going to the guilt or tion Authority. The respondent shall be proinnocence of the respondent; or

vided a reasonable period of time, but not (2) When the judicial proceeding was con- less than 2 working days, to act on the noducted in a State or foreign court and the tice. If the respondent identifies specific separation is approved by the Secretary con- legal issues for consideration by the Separacerned.

tion Authority, the matter shall be reviewed b. Conduct that has been the subject of a by a judge advocate or civilian lawyer emprior Administrative Board in which the ployed by the government prior to final acBoard entered an approved finding that the tion by the Separation Authority. evidence did not sustain the factual allega- C. Characterization of Service or Description tions concerning the conduct except when of Separation. 1. Types of characterization or the conduct is the subject of a rehearing or- description. a. At separation, the following dered on the basis of fraud or collusion; or types of characterization of service or de

c. Conduct that has been the subject of an scription of separation are authorized under administrative separation proceeding result- this part: ing in a final determination by a Separation (1) Separation with characterization of Authority that the member should be re- service as Honorable, General (under honortained, except in the following cir- able conditions), or Under Other Than Honcumstances:

orable Conditions. (1) When there is subsequent conduct or (2) Entry Level Separation. performance forming the basis, in whole or (3) Order of release from the custody and in part, for a new proceeding;

control of the Military Services by reason of (2) When there is new or newly discovered vold enlistment or induction. evidence that was not reasonably available (4) Separation by being dropped from the at the time of the prior proceeding; or

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b. Any of the types of separation listed in this section may be used in appropriate circumstances unless a limitation set forth in this section or in part 1 (Reasons for Separation).

2. Characterization of service. &. General considerations. (1) Characterization at separation shall be based upon the quality of the member's service, including the reason for separation and guidance in paragraph C.2.b., below, subject to the limitations set forth under various reasons for separation in part 1. The quality of service will be determined in accordance with standards of acceptable personal conduct and performance of duty for military personnel. These standards are found in the 10 U.S.C., sections 801-940, UCMJ, directives and regulations issued by the Department of Defense and the Military Departments, and the time-honored customs and traditions of military service.

(2) The quality of service of a member on active duty or active duty for training is affected adversely by conduct that is of a nature to bring discredit on the Military Seryices or is prejudicial to good order and discipline, regardless of whether the conduct is subject to UCMJ jurisdiction. Characterization may be based on conduct in the civilian community, and the burden is on the respondent to demonstrate that such conduct did not adversely affect the respondent's service.

(3) The reasons for separation, including the specific circumstances that form the basis for the separation, shall be considered on the issue of characterization. As a general matter, characterization will be based upon a pattern of behavior rather than an isolated incident. There are circumstances, however, in which the conduct or performance of duty reflected by a single incident provides the basis for characterization.

(4) Due consideration shall be given to the member's age, length of service, grade, aptitude, physical and mental condition, and the standards of acceptable conduct and performance of duty.

b. Types of characterization. (1) Honorable. The Honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. In the case of an Honorable Discharge, an Honorable Discharge Certificate (DD Form 256) will be awarded and a notation will be made on the appropriate copies of the DD Form 214/5 in accordance with 32 CFR part 45 (DoD Directive 1336.1).

(2) General (under honorable conditions). If a member's service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as General (under hon

orable conditions) is warranted when significant negative aspects of the member's conduct or performance of duty outweigh posltive aspects of the member's military record.

(3) Under Other Than Honorable Conditions. (a) This characterization may be issued in the following circumstances:

1 When the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Military Services.

2 When the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Military Services. Examples of factors that may be considered include the use of force or violence to produce serious bodily injury or death, abuse of a special position of trust, disregard by a superior of customary superior-subordinate relationships, acts or omissions that endanger the security of the United States or the health and welfare of other members of the Military Services, and deliberate acts or omissions that seriously endanger the health and safety of other persons.

(b) This characterization is authorized only if the member has been afforded the opportunity to request an Administrative Board, except as provided in section L. of part 1 (Separation in Lieu of Trial by CourtsMartial).

c. Limitations on characterization. Except as otherwise provided in this paragraph, characterization will be determined solely by the member's military record during the current enlistment or period of service to which the separation pertains, plus any extensions thereof prescribed by law or regulation or effected with the consent of the member.

(1) Prior service activities, including records of conviction by courts-martial, records of absence without leave, or commission of other offenses for which punishment was not imposed shall not be considered on the issue of characterization. To the extent that such matters are considered on the issue of retention or separation (subsection A.2. of this part 2), the record of proceedings may reflect express direction that such information shall not be considered on the issue of characterization.

(2) Preservice activities may not be considered on the issue of characterization except as follows: in a proceeding concerning fraudulent entry into military service (subsection E.4. of part 1), evidence of preservice misrepresentations about matters that would have precluded, postponed, or otherwise affected the member's eligibility for enlistment or induction may be considered on the issue of characterization.

(3) The limitations in subsection A.S., above, as to matters that may be considered on the issue of separation are applicable to matters that may be considered on the issue of characterization.

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