Images de page
PDF
ePub

mission performance that are associated with retention Of enlisted members who do not conform to required Standards of discipline and performance despite efforts at Counseling, retraining, or rehabilitation. (C) Standards and procedures for im– plementation Of these policies are set forth in appendix A to this part.

$41.4 Responsibilities.

(a) The Secretaries of the Military Departments shall prescribe implementing documents to ensure that the policies, Standards, and procedures Set forth in this part are administered in a manner that provides consistency in Separation policy to the extent practicable in a System that is based On Command disCretion. The implementing documents also shall address the following matterS:

(1) Processing goals. The Secretary COncerned Shall establish processing time goals for the types of administrative Separations authorized by this part. Such goals shall be designed to further the efficient administration of the armed forces and Shall be measured from the date of notification to the date of separation. Normally such goals should not exceed 15 working days for the Notification Procedure (part 3, Section B., appendix A) and 50 WOrking days for the Administrative Board Procedure (part 3, Section C., appendix A) Goals for Shorter processing times are encouraged, particularly for Cases in which expeditious action is likely. Variations may be established for COmplex Cases or cases in which the Separation Authority is not located on the Same facility as the respondent. The goals, and a program for monitoring effectiveness, Shall be set forth in the implementing document of the Military Department. Failure to proceSS an administrative separation within the prescribed goal for processing times Shall not Create a bar to separation Or Characterization.

(2) Periodic etplanations. The Secretary Concerned Shall prescribe appropriate internal procedures for periodic explanation to enlisted members of the types Of Separations, the basis for their issuance, the possible effects of various actions upon reenlistment, civilian employment, veterans’ benefits, and relat

ed matters, and the effects of 10 U.S.C. 977 and Pub. L. 97–66, concerning denial Of Certain benefits to members who fail to complete at least 2 years of an Original enlistment. Such explanation may be provided in the form of a written fact, Sheet Or Similar document. The periodic explanation shall take place at least each time the provisions of the Uniform Code of Military Justice (UCMJ) are explained pursuant to Article 137 of the UCMJ. The requirement that the effects of the various types of Separations be explained to enlisted members is a Command responsibility, not a procedural entitlement. Failure On the part. Of the member to receive Or to understand Such explanation does not Create a bar to Separation Or CharaCterization. (3) Provision of information during sepa ration processing. The Secretary Concerned shall ensure that information Concerning the purpose and authority Of the Discharge Review Board and the Board for Correction of Military/Naval ReCOrds, established under 10 U.S.C. 1552 and 1553 and 32 CFR part 70 (DOD Directive 1332.28) is provided during the Separation processing of all members, except when the separation is for the purpose Of an immediate reenlistment. Specific Counseling is required under 38 U.S.C. 3103(a) which States that a disCharge under other than honorable conditions, resulting from a period of Continuous, unauthorized absence of 180 dayS Or more, is a Conditional bar to benefits administered by the Veterans Administration, notwithstanding any action by a Discharge Review Board. The information required by this paragraph Should be provided in the form of a Written fact, Sheet. Or Similar document. Failure On the part Of the member to receive Or to understand Such explanation does not Create a bar to Separation Or Characterization. (b) The ASSistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) may modify or Supplement the enClOSures to this Directive, and may delegate the authority to establish reporting requirements for the rea,SOnS for Separation (part 1, appendix A) to a Deputy Assistant Secretary.

$41.5 Effective date and implementation.

(a) This part, applies Only to administrative separation proceedings initiated on Or after October 1, 1982.

(b) Part 41, effective December 29, 1976 Shall continue to be used for administrative Separation proceedings initiated on Or before September 30, 1982.

$41.6 Definitions.

(a) Member. An enlisted member Of a Military Service. (b) Discharge. Complete Severance from all military Status gained by the enlistment. Or induction COncerned. (c) Release from active duty. Termination Of active duty Status and transfer or reversion to a reserve component not. On active duty, including transfer to the Individual Ready Reserve (IRR). (d) Separation. A general term which includes discharge, release from active duty, release from CuSt Ody and COntrol of the armed forces, transfer to the IRR, and Similar changes in active Or reserve Status. (e) Military record. An individual’s Overall performance while a member of a Military Service, including personal conduct and performance of duty. (f) Separation Authority. An Official authorized by the Secretary Concerned to take final action with respect to a Specified type Of Separation. (g) Convening Authority. (1) The Separation Authority Or (2) a COmmanding officer who has been authorized by the Secretary Concerned to process the Case except for final action and who Otherwise has the qualifications to act as a Separation Authority. (h) Respondent. A member of a Military Service who has been notified that action has been initiated to Separate the member. (i) Entry level status. The first 180 days of continuous active military Service. For members Of a reserve Component, who have not, COmpleted 180 dayS Of COntinuous active military Service and who are not. On active duty, entry level Status begins upon enlistment in a reserve Component (including a period of a SSignment to a delayed entry program) and terminates 180 days after beginning an initial period of entry level active duty training. For

purposes Of Characterization of Service Or description of Separation, the member’s Status is determined by the date Of notification as to the initiation of Separation proceedings.

APPENDIX A TO PART 41—STANDARDS AND PROCEDURES

Table of Contents

PART 1–REASONS FOR SEPARATION

A. Eacpiration of Service Obligation 1. Basis 2. Characterization or description B. Selected Changes in Service Obligations 1. Basis 2. Characterization or description C. Convenience of the Government 1. Basis 2. Characterization or description 3. Procedures 4. Reasons a. Early release to further education b. Early release to accept public office C. Dependency or hardship d. Pregnancy or childbirth e. Parenthood f. ConScientious Objection g. Surviving family member h. Other designated physical or mental COnditions i. Additional grounds D. Disability 1. BaSiS 2. Characterization Or description 3. Procedures E. Defective Enlistments and Inductions 1. Minority a. Basis (1) Under age 17 (2) Age 17 b. Description of Separation C. Procedure 2. Erroneous a. Basis b. Characterization or description C. Procedure 3. Defective enlistment agreements a. Basis b. Characterization or description C. Procedures 4. Fraudulent entry into military Service , a. Basis b. Characterization or description C. Procedures F. Entry Level Performance and Conduct 1. Basis 2. Counseling and rehabilitation 3. Description of Separation

4. Procedures

G. Unsatisfactory Performance 1. Basis 2. Counseling and rehabilitation 3. Characterization or description 4. Procedures

H. Homosexuality
1. Basis
2. Characterization. Or description
3. Procedures
I. Drug Abuse Rehabilitation Failure
1. Basis
2. Characterization or description
3. Procedures
J. Alcohol Abuse Rehabilitation Failure
1. BaSiS
2. Characterization. Or description
3. Procedures
K. Misconduct
1. Basis

a. Reasons

b. Reporting

c. Related separations 2. Counseling and rehabilitation 3. Characterization or description 4. Procedures L. Separation in Lieu of Trial by Court-Martial 1. Basis 2. Characterization or description 3. Procedures M. Security 1. Basis 2. Characterization or description N. Unsatisfactory Participation in the Ready

Reserves 1. BaSiS 2. Characterization or description 3. Procedures O. Secretarial Plenary Authority 1. Basis 2. Characterization Or description 3. Procedures P. Reasons Established by the Military Department

1. Basis
2. Counseling and rehabilitation
3. Characterization or description
4. Procedures

PART 2–GUIDELINES ON SEPARATION AND CHARACTERIZATION

A. Separation 1. Scope 2. Guidance 3. Limitations on Separation actions B. Suspension of Separation 1. Suspension 2. Action during the period of Suspension C. Characterization of Service or Description of Separation 1. Types of Characterization or description 2. Characterization. Of Service a. General Considerations b. Types of characterization (1) Honorable (2) General (under honorable COnditions) (3) Under Other Than Honorable Conditions c. Limitations on characterization 3. Uncharacterized separations a. Entry Level Separation b. Void enlistment.S Or inductions C. Dropping from the rolls

PART 3–PROCEDURES FOR SEPARATION A. Scope

B. Notification Procedure

1. Notice 2. Additional notice requirements 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 description 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 Members of Reserve Components 1. Members of reserve components not on active 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. Eacpiration 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; OT

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 rea,SOnS: 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 Commis– sion or appointment, or acceptance into a program leading to Such a Commission or appointment 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 a CCumulated in a formal, Service-wide rating System that evaluates Conduct and performance on a regular basis; OI’ 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 COnSistent. With DoD Directive 1344.10. C. Dependency or hardship. (1) Upon request of the member and concurrence of the government, Separation may be directed when genuine dependency or undue hardship exists under the following circumstances: (a) The hardship or dependency is not tempOrary; (b) Conditions have arisen or have been aggravated to an excessive degree since entry into the Service, and the member has made every reasonable effort to remedy the situation; (c) The administrative separation will eliminate or materially alleviate the condition; and (d) There are no other means Of alleviation reasonably available. (2) Undue hardship does not necessarily exist Solely because of altered present, or expected income, family separation, or other inCOnveniences normally incident to Military Service. d. Pregnancy or childbirth. A female member may be Separated on the basis of pregnancy or childbirth upon her request, unless retention is determined to be in the best interests of the Service under Section A. Of part 2 and guidance established by the Military Department concerned. e. Parenthood. A member may be separated by reason of parenthood if as a result thereof it is determined under the guidance set forth in Section A. Of part 2 that the member is unable Satisfactorily to perform his or her duties or is unavailable for worldwide assignment or deployment. Prior to involuntary Separation under this provision, the Notification Procedure (Section B. Of part 3) shall be used. 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. f. Conscientious objection. A member may be separated if authorized under 32 CFR part 75 (DoD Directive 1300.6). g. Surviving family member. A member may be separated if authorized under 32 CFR part 52 (DoD Directive 1315.14). h. Other designated physical or mental comditions. (1) The Secretary concerned may au– thorize Separation. On the basis of Other des– ignated physical Or mental Conditions, not amounting to Disability (section D., below), that potentially interfere with assignment to or performance of duty under the guidance Set, forth in Section A. Of part 2. Such Conditions may include but are not limited to chronic Sea.Sickness Or airSickness, enuresis, and personality disorder.” (2) 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. (3) Separation on the basis of personality disorder is authorized only if a diagnosis by a psychiatrist or psychologist, completed in accordance with procedures established by the Military Department concerned, concludes, that the disorder is SO Severe that the member’s ability to function effectively in the military environment is significantly impaired. (4) Separation for personality disorder is not appropriate when Separation is warranted under sections A. through N. Or Section P. of this part. For example, if Separation is warranted on the basis of unsatisfactory performance (section G.) or misconduct (section K.), the member Should not be separated under this Section regardless Of the existence of a personality disorder. (5) Nothing in this provision precludes Separation of a member who has such a Condition under any other basis Set forth under this section (Convenience of the Government) or for any other reason authorized by this part. (6) Prior to involuntary Separation under this provision, the Notification Procedure (section B. Of part 3) shall be used. (7) The reasons designated by the Secretary concerned shall be separately reported. i. Additional grounds. The Secretary ConCerned may provide additional grounds for separation for the convenience of the government. A copy of the document authorizing Such grounds Shall be forwarded to the ASD(MRA&L) On or before the date of implementation. D. Disability. 1. Basis. A member may be separated for disability under the provisions of 10 U.S.C. chapter 61. 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 for separation may be established by the Military Departments consistent with 10 U.S.C. chapter 61. If separation is recommended, the

1 Personality disorders are described in the Diagnostic and Statistical Manual (DSM-III) of Mental Disorders, 3d Edition, Committee On Nomenclature & Statistics, American Psychiatric Association, Washington, DC, 1978.

following requirements apply 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. E. Defective Enlistments and Inductions. 1. Minority. a. Basis. (1) Under age 17. If a member is under the age of 17, the enlistment of the member is void, and the member Shall be Separated. (2) Age 17. A member Shall be Separated under 10 U.S.C. 1170 in the following cirCumstances except when the member is retained for the purpose of trial by court-martial: (a) There is evidence Satisfactory to the Secretary concerned that the member is under 18 years of age; (b) The member enlisted without the Written consent of the member’s parent or guardian; and (c) An application for the member’s separation is submitted to the Secretary concerned by the parent or guardian within 90 days of the member’s enlistment. b. Description of Separation. A member separated under Subparagraph E.1.a.(1), above, Shall receive an Order of release from the Custody and control of the armed forces (by reason of void enlistment or induction). The Separation of a member under Subparagraph E.1.a.(2), above, Shall be described as an Entry Level Separation. C. Procedure. The Notification Procedure (Section B. Of part 3) shall be used. 2. Erroneous. a. Basis. A member may be Separated On the basis of an erroneous enlistment, induction, Or extension of enlistment under the guidance Set forth in Section A. Of part 2. An enlistment, induction, or extenSion of enlistment is erroneous in the following Circumstances, if: (1) It, WOuld not have OCCurred had the relevant facts been known by the government or had appropriate directives been followed; (2) It was not the result of fraudulent Conduct. On the part of the member; and (3) The defect, is unchanged in material reSpectS. b. Characterization or description. Honorable, unless an Entry Level Separation or an Order of release from the custody and control of the Military Services (by reason of void enlistment, or induction) is required under Section C. of part 2. C. Procedure. (1) If the Command recOmmends that the individual be retained in military Service, the initiation Of Separation

« PrécédentContinuer »