NetNews Usenet Archive 1992 #18/NN_1992_18.iso/spool/misc/activism/progress/5835

Text File | 1992-08-16 | 53.1 KB | 1,153 lines

Newsgroups: misc.activism.progressive
Path: sparky!uunet!usc!wupost!mont!pencil.cs.missouri.edu!rich
From: [e-mail] (Rich Winkel)
Subject: Intro to administrative discharges from the military (autopost)
Message-ID: <[e-mail]>
Followup-To: alt.activism.d
Originator: [e-mail]
Sender: [e-mail]
Nntp-Posting-Host: pencil.cs.missouri.edu
Organization: PACH
Date: Mon, 17 Aug 1992 08:30:05 GMT
Approved: [e-mail]
Lines: 1138

/** military.draft: 15.1 **/
** Written  3:02 pm  Nov  8, 1990 by wrlmilitary in cdp:military.draft **
Subject: Intro to Administrative Discharges

INTRODUCTION TO ENLISTED ADMINISTRATIVE DISCHARGES

TABLE OF CONTENTS

Copyright ) 1990 by Central Committee for Conscientious Objectors

Introduction I.  Discharge or Separation?
     A.  Discharge
     B.  Release from Active Duty
     C. Separation
III.  Transfer to the Individual Ready Reserve III.
Characterization of the Separation
     A.  Honorable
     B.  General (under honorable conditions)
     C.  Under Other Than Honorable Conditions
IV.  Uncharacterized Separations
     A.  Entry Level Separation
     B.  Void Enlistment
V.  Separation Authority VI.  Reasons for Separation
a.  Convenience of the Government
     %  Conscientious Objection
     %  Dependency or Hardship
     %  Pregnancy or Childbirth
     %  Parenthood
     %  Sole Surviving Son or Daughter
     %  0ther Designated Physical or Mental Conditions
     %  Early Release to Further Education
     %  Early Release to Accept Public Office
     %  0ther Convenience of the Government Separations
b.  Disability
c . Defective Enlistments and Inductions
     %  Minority
     %  Erroneous
     %  Defective Enlistment Agreements
     %  Fraudulent Entry into Military Service
d.  Entry Level Performance and Conduct
e.  Unsatisfactory Performance
f.  Homosexuality
g.  Drug/Alcohol Abuse Rehabilitation Failure
h.  Misconduct
     %  Minor Disciplinary Infractions
     %  A Pattern of Misconduct
     %  Commission of a Serious Offense
     %  civilian Conviction
i.  Separation in Lieu of Trial by Court-Martial
j .  Other Reasons for Separation
     %  Security
     %  Unsatisfactory Participation in Ready Reserve
     %  Reasons Established by the Military Departments
     %  Secretary Plenary Authority (or discharge "in the best
interest of the service")
     %  Expiration of Service Obligation
     %  Selected Changes in Service Obligations
VI.  Discharge in Absentia Footnotes

INTRODUCTION

     In your work with enlisted people, you will encounter many
who will want out before their ETS--the expiration of their term
of military service.  While it isn't easy, it is possible to get
an early discharge.  Military regulations outline specific reasons
for administrative separation and describe the circumstances under
which each separation is given.
     This section does not discuss "punitive" discharges, which
can only result from
a special or general court-martial.  The character of a punitive
discharge is either a "Bad Conduct Discharge" (BCD) or a
"Dishonorable Discharge" (DD).  Recipients of these discharges
lose most or all veterans' benefits.
     Most of these separations are intended for use by commanding
officers, who may choose to discharge an enlisted member of the
command against the member's will.  In such a case, you can help
an enlisted person to challenge this involuntayaction.  However,
these same separations can be used to the advantage of those who
want a separation.  Then it is a matter of convincing the command
that your counselee should be separated.  Commanders have a great
deal of power when it comes to separating members of their
commands.
     Although DoD claimed that its 1982 sweeping changes in the
administrative separations regulations were intended to
standardize the reasons and characterizations of discharges among
all military branches, there continues to
be much disparity.  This is because tbe system is based on
"command discretion." The military--with the cooperation of
civilian society--defers to the commanding officer, who is
considered the most appropriate person to make decisions about
personnel and the command mission.
     The DoD Directive, which provides the guidance on policy and
procedure for all the branches, "is designed to strengthen the
concept that military service is a
calling different from any civilian occupation."  The separation
regulations broaden commanders' powers to discharge people for
misconduct, homosexuality, and performance problems, and reduce
members' chances of receiving honorable separations.
     Up against the military values of command discretion,
military mission, readiness, discipline, good order, and morale,
and confronted with increasingly strict policies, you and your
counselee face a difficult -- but often surmountable -- challenge.
     Certain separations are designed to be requested voluntarily
     by the member.
Conscientious objection is an example.  Separation for hardship or
dependency is another.  Applications for these separations are
detailed and complex, and your role as counselor is invaluable.
     When counseling, always explore with your counselee or client
all of the possibilities for separation.  While a basis for
discharge is sometimes obvious
-- such as a clear-cut hardship or disability -- at other times it
is more difficult to find one that will meet the requirements of
the regulations.  Be creative.  Be sensitive, too, because there
are often times when a person who first walked into your office
with a strong desire to get out of the military but for no
specific reason may -- after talking and thinking things through
-- turn out to be a very firm cinscientious objector.  Never
impose your own views, but listen patiently and, with calm
questioning, draw out this person's deep beliefs, anxieties, or
any other problems that led the person to seek your help.
     The chapters in this section of the Manual deal with several
different grounds for administrative separation* and explain the
procedures involved and other things to consider.  This
introduction is intended only to give a brief overview of the
available separations and some explanations of terms. For all of
the practical details, please read the subsequent chapters.

1.  DISCHARGE OR SEPARATION?

Some definitions:  (1)

     A.  Discharge:  Complete severance from all military status.
     B.  Release ftom 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).
     C.  Separation:  A general term which includes discharge,
     release from active
duty, release from custody and control of the armed forces,
transfer to the IRR, and similar changes in active or reserve
status.

II.  TRANSFER TO THE INDIVIDUAL READY RESERVE

     For the most part, this Manual deals with separations that
are given prior to the ETS.  Therefore, the military may regard
that person as still having a statutory military service
obligation (MSO) according to U.S. law, (2) or a contractual
obligation, such as an extension for which the member signed up.
     %Army:  According to the Army regulation, " ... only those
     members with no
potential to meet mobilization requirements will be discharged.
All personnel who have not completed their statutory service
obligation ...will be transferred to the IRR.  " (3)  Transfer to
the IRR "is mandatory for members who have completed BT or at
least 8 weeks of one station training or one station unit training
and are separated for one of the following reasons:

     (1)  Separation of personnel who did not meet procurement
medical fitness standards but meet retention standards.
     (2)  Sole surviving sons or daughters and surviving family
     members.  (3)  Inability to perform prescribed duties due to
     parenthood.  (4)  Dependency.  (5)  Hardship.  (6)
     Parenthood of married service women/sole parents.  (7)
     Pregnancy." (4)

     Even soldiers who are separated for Entry Level Performance
     and Conduct or for
Unsatisfactory Performance will be transferred to the IRR instead
of discharged, unless the command decided they "clearly have no
potential for useful service under conditions of full
mobilization. " (5)
     This applies also to members of the Army National Guard or
Army Reserve who are separated while serving under a contractual
obligation, as distinct from a six-year statutory obligation.
     The exceptions to the requirement of transfer to IRR are:
Members whose separations are characterzed as OTH will be
discharged completely.  Members who are separated for
homosexuality, defective enlistments, personality disorders,
misconduct, or conscientious objection will be discharged.
Members who have less than three months remaining on their
statutory or contractual obligations (whichever expires later)
will be discharged.
     Characterization of separation of members who are transferred
to the IRR must be either honorable or general under honorable
conditions, except that members who are in entry level status will
receive entry level separations.  (See Sections III and IV of his
chapter.)

     %Air Force:  The Air Force regulation is not entirely clear
     on who will be
transferred and who will be discharged.  The regulation says:  "As
a rule, airmen who have unfulfilled MSO's are released and
transerred to a Reserve component at separation."(6)
     It then refers to a Table wherein it indicates in which cases
a member of the Air Force will be transferred or discharged.
According to the Table, those separations not listed should result
in discharge.
     Among those not listed are conscientious objection, depenency
or hardship, parenthood, sole surviving son or daughter,
conditions that interfere with military service (e.g., personality
disorder), defective enlistents, unsatisfactory performance, entry
level perormance and conduct, failure in drug or alcohol abuse
rehabilitation, homosexuality, misconduct, discharge in the
interest of national security, failure in prisoner retraining or
rehabilitation, separation in lieu of court-martial, and
disability.(7)
     Although women who are separated for pregnancy are normally
transferred to the Reserves, they will be discharged if they
request it.  In these circumstances, Air Force members may be
transferred to the USAFR.

     %Navy:  Members with any potential for future mobilization
     will normally be
transferred to the IRR for the remainder of the MSO.  However,
members will be discharged if military service is characterized as
OTH, or if separation is based on drug trafficking, homosexuality,
defective enlistment, or medical reasons causing the member to be
ineligible for mobilization requirements.(8)

     %Marines:  Under a less than honorable discharge, or on the
     basis of homosexuality or void
enlistment, a Marine may be transferred to the IRR for the
remainder of her or his MSO.(9)

III.  CHARACTERIZATION OF THE SEPARATION

     The "character" of a separation is the description that
appears on a person's discharge or separation papers.  It may be
Honorable, General (under honorable conditions), or Under Other
Than Honorable Conditions.(10)  "Characterization" is different
from the "reason" for separation which appears separately on the
papers.
     Always request an Honorable discharge when you are helping
someone to get a discharge or to fight an unjustly lower
characterization.  This is important because discharges other than
fully honorable discharges may cause a veteran to have difficulty
getting veterans' benefits and may harm a veteran's chances at
certain types of employment.
     Although characterization reflects the reason for the
separation, it also involves an evaluation of the member's entire
record while a member of the military.  "The quality of
service...is affected adversely by conduct that is of a nature to
bring discredit on the Military Services or is prejudicial to good
order and discipline...Characterization may be based on conduct in
the civilian community...."(11)
     According to the DoD Directive governing administrative
separations, members have the burden of demonstrating that during
their current enlistment --which includes time in the inactive
Reserves--their behavior in both the military and civilian
communities has not adversely affected their military service.
This policy has resulted in less than honorable discharges for
some people whose conduct and performance of military duties was
excellent, but who ran into trouble during their years in civilian
life while they were serving out their inactive Reserve
obligation.
     Considering this unfair, some veterans successfully
challenged the DoD Directive in federal court.  Now the burden is
on the military to show, in an administrative discharge board
hearing, that a person deserves a less than honorable discharge
because his or her civilian misconduct adversely affected
performance of military duties, eligibility to be called up in a
national emergency, or had an adverse impact on the morale and
efficiency of the military.(12)
     A.  Honorable:  A member will receive an Honorable
     characterization when the quality of military service "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."
     B.  General (under honorable conditions):  This
     characterization is awarded to members whose service has been
"honest and faithful," and "when significant negative aspects of
the member's conduct and performance of duty outweigh positive
aspects of the member's military record."
     If your counselee has received non-judicial punishment or
other disciplinary actions, or has some poor performance
evaluations, he or she may receive this characterization.

     C.  Under Other Than Honorable Conditions:  Known as an
     "OTH," this characterization is given in the following
circumstances.  Before receiving an OTH, a member must have the
opportunity to request an Administrative Board hearing, unless it
is the result of a "Separation in Lieu of Trial by Court-Martial."
Reasons for receiving an OTH are:
     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.
     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 military members.  Examples of
factors that may be considered include the use of force or
violence to produce serious injury or death, abuse of a special
position of trust, disregard by a superior of customary
superior-subordinate relationships ("fraternization"), acts or
omissions that endanger the security of the United States or the
health and welfare of other members of the military, and
deliberate acts or omissions that seriously endanger the health
and safety of other persons.


IV.  UNCHARACTERIZED SEPARATIONS(13)

     A.  Entry Level Separation (ELS):  "Entry Level Status" is
     the first 180 days of continuous active military service.  A
member who is separated while in entry level status will most
likely receive an ELS.  The military considers six months to be
too brief a period for a person to establish a record on which to
base a characterization.  Although it sounds like a neutral
discharge, the effect of an ELS on civilian job opportunities is
uncertain.  Some employers may not want to hire someone who could
not adapt to the military.  But as a person develops some civilian
job experience, an ELS is not likely to be much harm.
     To get an ELS, separation proceedings must be initiated while
the member is still in entry level status.  This means that the
date of notification of separation is within the member's first
six months of continuous active duty.  If you are working with
someone in entry level status who wants a discharge, but you are
concerned that the discharge might be less than honorable, be sure
to act quickly and urge the command to start the process while
your counselee is in entry level status.
     If the member is requesting separation for
dependency/hardship or conscientious objection, the member may
receive an ELS if the application or request is submitted while
the member is in entry level status.
     It is unlikely that a person in entry level status will
receive an OTH, but this may occur if the reason for separation is
misconduct, fraudulent entry, or homosexuality.  After being
separated, members in entry level status who receive an OTH may
apply to the Discharge Review Board for an "upgrade" to ELS. (14)

     B.  Void Enlistment:  An enlistment is void if:
     1)  It occurred without the voluntary consent of a person who
     is able to understand the significance of military
enlistment.  This includes someone who was intoxicated or insane
at the time of enlistment; (15)
     2)  The person is under 17 years of age;(16) or
     3)  The person is a deserter from another military service.
     (17)

     An enlistment may be "voided" when a member is being
     separated for "minority" or "erroneous enlistment." This may
also occur for those separated from the Delayed Entry Program.
     When an enlistment is voided, the member will not receive a
discharge certificate or DDFORM 214.  Instead, the command issues
an "order of release from the custody and control" of the military
branch concerned.  A copy of the order is given to the member.
     Although your counselee may meet the three criteria listed
above, the military may refuse to void the enlistment because of
"constructive enlistment."  If a member accepts pay, performs
duty, wears the uniform, and currently meets the standards for age
and mental competency, the military may regard this as a
constructive enlistment.  Constructive enlistment obligates a
member to the military contract despite the fact that an
enlistment was defective at the time it took place.  (See in this
Manual, Chapter 3--Separations for Defective Enlistments, for
further discussion.)

V.  SEPARATION AUTHORITY(18)

     The "separation authority" (or "discharge authory") is the
officer authorized to take final action on an administrative
separation.  This officer ultimately decides whether to retain the
member in the military, separate the member, or suspend the
separation.
     In cases where there is an Administrative Board hearing, the
separation authority acts upon the (the recommendations of the
Board.  If the Board recommends separation, the separation
authority may approve this.  On the other hand, the separation
authority may modify this recommendation by suspending the
separation, changing the character of the separation to a more
favorable one, or deciding whether or not to transfer the member
to the IRR.
     The separation authority may disapprove the Board's
recommendation and retain the member.  If the separation authority
disagrees with a Board's recommendation that the member be
retained, the final decision must be made by the Secretary of the
Branch.  If the Secretary decides to separate the member even
though the Board recommended rention, the characterization must be
Honorable, General, or
ELS.
     When a member is being separated under the Notification
procedure (that is, the separation will not be OTH or based on any
circumstances requiring an Aministrative Board hearing), the
separation authority will be a commander having authority to
convene a special court-martial ("special court-martial convening
authority") or higher authority.
     When a member is being separated under the Administrative
Board procedure, the separation authority will be a commander
having authority to convene a general court-martial ("general
court-martial convening authority") or higher authority.
     In some cases, the Secretary of the branch may authorize a
commanding officer in grade 0-5 or above (in actions under the
Notification procedure) or in grade
0-7 or above (in actions under the Adminiative Board procedure) to
act as separation authority.  A judge advocate or legal advisor
must be available to advise the command.

VI.  REASONS FOR SEPARATION

A.  Convenience of the Government

     A separation for the "convenience of the goverment" will
     usually be Honorable, but it may be General (under honorable
conditions) if warranted by member's military service record).
Some "COG" separations are voluntary, meaning the member reuests
or apy, which means that even if your counselee wants the
separaty, which means that even if your counselee wantsion, it is
formally initiated by the command.  (See the introduction to this
chapter.)

%Conscientious Objection:

     The military must discharge or transfer to noncombatant
duties persons who have
a "firm, fixed and sincere objection to war any form or the
bearing of arms"
because of deeply-held moral, ethical or religious beliefs.
     Conscientious objectors are classified in one of two ways:
Class 1-0 or Class
1-A-0.  A "1-O" objects to any kind of participation in the
military, and is discharged.  A" 1-A-O" does not wish to bear arms
or train in the use of weapons or participate in combat, but is
willing to remain in the military as a "noncombatant." If
recognized as a I-A-0 conscientious objector, the member is
assigned to non-combatant duties (e.g., clerical, medical, etc.)
and cannot be ordered to ar arms or handle weapons.
     To get separated as a conscientious objector, one must submit
a written application to one's command and be interviewed by a
military psychiatrist,
chaplain, and investigating officer.

     Regulations:

     Department of Defense Directive 1300.6 Army:  AR 600-43 Air
     Force:  AFR 35-24 Navy:  Naval Military Personnel Manual,
     MILPERSMAN 3620230 Marine Corps:  MCO 1306.16D Coast Guard:
     Commandant Instruction 1900.2B.

%Dependency or Hardship:

     A member of the military may voluntarily request separation
     for a "genuine dependency or undue hardship" if the hardship
is not temporary, it has become aggravated since entry into the
military, the member has made every reasonable effort to remedy
the situation, and separation is the only remedy.
     The condition must be a dependency of or hardship to the
member's immediate family (i.e., spouse, children, parent,
stepparent, sister, brother, only living blood relative, or anyone
under the member's legal custody or who depends on the member for
primary financial support).  The regulations of each branch
provide their own definitions and criteria for dependency and
hardship.

     Regulations:

     Dod Directive 1332.14, Part I.C.4(c) Army:  AR 635-200,
     Chapter 6 Air Force:  AFR 39-10, Chapter 3, 13-19 through
     3-24 Navy:  MILPERSMAN 3620210 Marine Corps:  MCO P1900.16C,
     Chapter 6, 96407 Coast Guard:  Personnel Manual, COMDINST
     MIOOO.6, Article 12-B-13

% Pregnancy or Childbirth:

     This is a voluntary separation which a woman may request
because of pregnancy or childbirth.  Each branch sets conditions
under which it may refuse to grant the request, and indicates what
information--such as a military physician's certification of
pregnancy--is required.

     Regulations:

     DoD Directive 1332.14, Part l.C.4(d) Army:  AR 635-200,
     Chapter 8 Air Force:  AFR 39-10, Chapter 3, 13-17 Navy:
     MILPERSMAN 3620220 Marine

% Parenthood:

% Parenthood:  16C, Chapter 6, 16203.1
     The military will separate members whose parenthood
interferes with their performance or availability for worldwide
assignment, or otherwise affects their ability to meet their
military obligations.
     Although this is an "involuntary" separation--that is,
commands will use it to separate a member who may not wish to be
separated--you can use it as a basis for separation of a counselee
who wants a discharge.
     You and your counselee can bring to the attention of the
command the fact that the responsibilities of being a parent .are
going to cause your counselee much difficulty in carrying out his
or her future military duties.  If you discuss how parenthood has
already caused performance problems, this may lead to a less than
honorable discharge.
     However, if your counselee is facing separation for
unsatisfactory performance or misconduct, you might be able to
convince the command that the performance problems are not due to
poor discipline, inability or unwillingness to learn, but rather
to the demands of parenthood.

     Regulations:

     DoD Directive 1332.14, Part l.C,4(e) Army:  AR 635-200,
     Chapter 5, 95-8.  See also, Chapter 6, para. 6-3(b)(1) and
(2).
     Air Force:  AFR 39-10, Chapter 5, I 5-10 Navy:  MILPERSMAN
     3620200 (1)(c) Marine Corps:  MCO, P1900.16C, Chapter 6,
     96203.1 Coast Guard:  COMDINST M1000.6, Chapter 12, Article
     12-B-12 (a)(7).

%Sole Surviving Son or Daughter:

     Discharge or transfer to a noncombatant assignment is
available to the only remaining son or daughter of a family in
which, due to service in the U.S.  armed forces, the father,
mother, son or daughter was either killed in action, died in the
line of duty as a result of wounds, accidents, or disease, was
captured or determined to be missing-in-action, or is permanently
100% disabled.
     This separation is not authorized during a period of war or
national emergency declared by Congress.

     Regulations:

     DoD Directive 1332.14, Part l.C.4 (g) Army:  AR 635-200,
     Chapter 5, 15-4 to 15-6 Air Force:  AFR 39-10, Cliapter 3,
     93-12 Navy:  MILPERSMAN 3620245 Marine Corps:  MCO P1900.16C,
     Ch 6,J6410.  See also MCO 1300.8.

%Other Designated Physical or Mental Conditions:

     Members may be separated on the basis of physical or mental
conditions which are serious, but not considered a "disability."
Examples are:  personality disorder, somnambulism (sleepwalking),
motion sickness, air sickness, allergies, excessive height,
obesity, enuresis (bedwetting), claustrophobia.  What constitutes
an "other designated condition" varies from branch to branch.  For
example, the Army allows separations only for personality
disorder.

     Regulations:

     DoD Directive 1332.14, Part l.C.h Army:  AR 635-200, Chapter
     5, 95-13 Air Force:  AFR 39-10, Chapter 5, 15-12 Navy:
     MILPERSMAN 3620200 (1) (f) Coast Guard:  COMDINST MIOOO.6,
     Art 12-B-12 (a)(9), (10), (12) and Art 12-B-16
(b)(2)

% Early Release to Further Education:

     The Department of Defense authorizes the early release of
military personnel who wish to pursue further education in a
college, university, vocational or technical school.  Only the Air
Force, Marine Corps, and Coast Guard have specific regulations on
this type of separation, and in all cases, separation is not
allowed until the member's term of enlistment is almost completed.
     For example, the Marine Corps only allows separation up to
three months before the member's ETS.  And the Air Force will
separate a member only within the last 30 days of the enlistment
term.  (19)

%Early Release to Accept Public Office is also authorized by the
DoD, but only the Air Force and Marine Corps specifically allow
this.(20)

%Other COG Separations:

     When a member does not fit neatly into any other category,
the DoD allows "the Secretary concerned [to] provide additional
grounds for separation for the convenience of the government."(21)
As a result, each branch has come up with its own additional COG
separations which differ from some of those available in other
branches.

(1)  ARMY  (22)

     The Army will separate members whom a military or civilian
court determines are not under the jurisdiction of the U.S. Army.
Separation is also authorized for "aliens" who were not lawfully
admitted to the United States and who did not conceal their true
citizenship status at the time of enlistment.  Such people will be
reported to the immigration and Naturalization Service.  Personnel
who did not meet "procurement medical fitness standards" when they
enlisted will be separated, as will those who enlisted
specifically for Warrant Officer Flight Training but fail to
qualify medically for the training.  And the Army may separate
members who, at the time of enlistment, unintenionally concealed
an arrest record.

(2) AIR FORCE:  (23)

     When the Air Force fails to fill the material commitments
recorded on the Enlistment agreement, members are entitled to
separation, but only if they apply for discharge within 30 days
after they are notified of an assignment, classification, or any
other action that violates their agreement.  There are some
conditions in which the Air Force will release a member ftom an
extension of the enlistment.
     Also, the Air Force has an interesting paragraph,
 "Miscellaneous Reasons," do not qualify for separation for
 another reason mayon mayt qualify for separa
ask for separation under this provision ...  when the airman's
early separation will serve the best interest of the Air Force
....  Airmen should explain fully why they want to separate and
they may attach documents to help support the request."  An
additional COG separation exists for members who exceed the weight
standards, when this is not due to physical or organic causes
beyond their control.

(3) NAVY:  (24)

     The Navy will separate a member who is an "alien," that is, a
person who is neither a natural born nor a naturalized citizen of
the U.S., if he member no longer wishes to serve.
     However, a request for separation as an "alien" will be
denied under the following circumstances:  if the member has not
completed obligated service incurred for fully or partially funded
education (e.g., Naval Academy, Navy ROTC, Entisted Commissioning
Proram);  if the member is serving in a rating or occupation
specialty in which there is a personnel shortage;  if the member
has not completed obligated service incurred for enlisted
education and training (e.g., nuclear power field, advanced
electronics field);  or if the member has received special
compensations during the current enlistment (e.g., Enlisted Bonus,
Selected Reenlistment Bonus).
     It is important to know at an "alien" requesting and
receiving separation for this reason will be permanently
ineligible to become a U.S.  citizen.
     The Navy may also separate for obesity a member who
demonstrates a lack of interest and effort, or inability, to
reduce and maintain a weight/body fat percentage in accordance
with health and physical readiness standards.
     The Navy also has a "Separation in the Best Interest of the
Service," but this is not under the COG category. (See in this
section, part J, "Other Reasons for Separation .  ")

(4) Marine Corps:  (25)

     A Marine may request discharge if the Marine fails twice to
     be selected for promotion to staff sergeant, or if the Marine
has been reduced in grade from staff non-commissioned officer to
sergeant or below.  In both cases, the Marine must acknowledge in
the request that all unearned portions of any reenlistment bonuses
will be repaid.
     A Reserve Marine not on active duty who becomes a regular or
     duly ordained minister of religion or wishes to take final
vows in a religious order may request discharge (the regulation
explains who qualifies and what documentation is needed).
     Under very limited circumstances, Marines may request
separation when they are married to other military servicemembers
and unable to live together because of this.
     And, like the Army, the Marine Corps specifically provides
for separation of Marines who are not under the Marine Corps
jurisdiction.  This discharge results from the issuance of a writ
of habeas corpus, a court order which determines that the member's
retention in the military is illegal.
     And like the Navy, the Marine Corps has a "Separation in the
Best Interest the Service" which, in its regulations, is not a GOG
category. (See in this section, part J, "Other reasons for
Separation.")

(5) COAST GUARD:  (26)

     Among its COG separations, the Coast Guard allows separation
for obesity, as a result of a writ of habeas corpus (a court
document ordering the release of a person illegally retained in
the Coast Guard), if the Secretary determines that separation is
in the best interest of the Coast Guard.

B.  Disability

     A physical or psychological problem preventing a person from
     performing military duties may be grounds for a discharge.
Members suffering from a condition which is included in the
Retention Medical Fitness Standards (AR 40-501, Chapter 3) may be
discharged for disability, but only if the condition interferes
significantly with fitness for duty.  However, even if the
condition is not included in the retention standards, the member
may still be eligible for discharge,
     If, at the time of enlistment, your counselee had a medical
condition that would have disqualified her or him from enlistment,
your counselee may be eligible for a discharge for "erroneous
enlistment" (See Chapter C3 in this Manual).  This discharge may
be Honorable, General, or ELS.

     Regulations:

     DoD Directive 1332.14, Part 1D Army:  AR 635-40 Air Force:
     AFM 35-4 Navy:  MILPERSMAN 3620270 and 3620275;  SECNAVINST
     1850.4 (Disability
Evaluation Manual)
     Marine Corps:  MCO P1900.16C, Chapter 8 Coast Guard:
     COMDINST M1000.6, Art 12-B-15, Retention Medical Fitness
Standards:  AR           40-501, Chapter 3

C.  Defective Enlistments and Inductions

     There are four basic types of defective enlistments:
minority, erroneous enlistment, defective enlistment agreements,
and fraudulent entry.

% Minority  It is illegal to enlist under the age of 17 (10 U.S.C.
505), and the military will "void" such enlistments.  People who
are 17, but still under age 18, may be separated if they did not
have written parental consent to enlist and can provide proof of
age.  Parents or legal guardians must request the separation
within 90 days of the enlistment, and the separation will be
described as ELS.
%Erroneous Enlistment:  Members are entitled to separation if they
did not meet% minimum enlistment standards at the time of
enlistment.  Members must show that they were not fully qualified
(e.g., did not meet medical or education standards), they did not
lie or act  fraudulently in order to enlist, and the defect
continues to exist.  This discharge will be either Honorable or an
ELS,calls this a "material misrepresentation by recruiting
personnel."
     A member is also entitled to separation when the military
     fails to fulfill a written commitment appearing on the
enlistment agreement.  Coerced or involuntary enlistments-where a
recruit lacked the capacity to understand the agreement, or where
a person facing jail on civilian charges is offered military
enlistment as an alternative-are also defective.  Members must
request separation within 30 days after discovering the defect.
Characterization will be either Honorable, ELS, or a void
entistment.

%Fraudulent Entry into Military Service:  A member may be
separated if the military contends that the member deliberately
misrepresented or concealed information which, if known at the
time of enlistment, may have resulted in rejection by the
military.
     The characterization of this discharge could be Honorable,
General, ELS, or even OTH.  (If the misrepresentation involves
"preservice" homosexuality, the standards and procedures of the
homosexuality separation are followed.)

     Regulations

     DoD Directive 1332.14, Part l.E Army:  AR 635-200, Chapter 7
     Air Force:  AFR 39-10, Chapter 5, 15-14 to 5-22, and Chapter
     2, 52-19 and
2-20,
     Navy:  MILPERSMAN 3620280-3630100 Marine Corps:  MCO
     P1900.16C, $6204 Coast Guard:  COMDINST M1000.6, Art 12-B-14
     (minority); Art 12-B-12(a)(5)
(erroneous enlistment); Art 12-B-18(b)(2) (fraudulent enlistment)


D.  Entry Level Performance and Conduct

     This separation applies only to members in "entry level
status"--the first 180 days of continuous active duty.  Members
may be separated when their unsatisfactory performance and/or
conduct make them unqualified for military service.  Inaptitude,
failure to adapt to the military environment, failure to progress
satisfactorily in a required training program, lack of effort,
lack of self-discipline, or minor disciplinary infractions--all
are examples of behavior that could warrant this separation, which
will be an ELS.

     Regulations:

     DoD Directive 1332.14, Part l.F Army:  AR 635-200, Chapter 11
     (Trainee Discharge Program) Air Force:  AFR 39-10, Chapter 5,
     95-23 to 5-25 Navy:  MILPERSMAN 3630200 Marine Corps:  MCO
     P1900.16C, $6205

E.  Unsatisfactory Performance

     Members who have been on active duty for over six months may
qualify for this separation.  Each branch has its own guidelines,
different from the other branches, for the factors that constitute
"unsatisfactory performance." Examples are:  failure to perform
assigned duties properly, a progressively downward trend in
performance ratings, failure to demonstrate leadership potential,
failure to meet weight standards.  Separation will be Honorable or
General.

     Regulations:

     DoD Directive 1332.14, Part l.G Army:  AR 635-200, Chapter 13
     Air Force:  AFR 39-10, Chapter 5, 15-26 through 5-29 Navy:
     MILPERSMAN 3630300 Marine Corps:  MCO P1900.16C, $6206

F.  Homosexuality

     According to firmly stated military policy, homosexuality is
incompatible with military service.  The basis for separation may
include conduct or statements occurring in the current enlistment,
before enlistment ("preservice"), or in a prior enlistment ("prior
service").
     A member may be separated after stating that he or she is
     homosexual or bisexual, after engaging in or attempting to
engage in a homosexual act, or for marrying or attempting to marry
someone of the same sex.
     Characterization will be Honorable, General, or an ELS,
except that an OTH may be issued if the member attempted or
committed a homosexual act under "aggravating circumstances":

     %  by using force or intimidation; with a person under 16
     years of age;
     %  with a subordinate in violation of customary
     superior-subordinate
relationships;
     %  openly in public view;
     %  for compensation;
     %  aboard a military vessel or aircraft;
     %  or in another location subject to military control where
     such acts could
have an adverse impact on discipline, good order, or morale.

     Regulations

     DoD Directive 1332.14, Part I.H Army:  AR 635-200, Chapter 15
     Air Force:  AFR 39-10, Chapter 5, 95-35 through 5-42 Navy:
     MILPERSMAN 3630400 Marine Corps:  MCO P1900.16C, 96207 Coast
     Guard:  COMDINST MIOOO.6, Article 12-Bb)(6) 16(and 12-B-33

G.  Drug/Alcohol Abuse Rehabilitation Failure

     Members who have been referred to a program of rehabilitation
for personal abuse of alcohol or other drugs may be separated if
they fail to participate in, cooperate in, or successfully
complete the program.
     Commands may separate such members who show no potential for
continued military service, or who must be transferred to a
civilian medical facility for long-term rehabilitation.  This
separation will be Honorable, General, or ELS.
     Characterization of separation is determined by the member's
military record during the current enlistment, but some sensitive
situations -such as drug abuse-may lead to command confusion over
what the appropriate characterization ought to be.
     The ion, which should beion, which should belimitations on
characterizat consulted if a member is notified of receiving a
less than honorable discharge.(27)  Also, it must be clear on the
record what the separation is based on-drug abuse rehabilitation
failures must be reported separately from alcohol abuse
rehabilitation failures.  If separation is based on both, the
primary reason for separation must be reported.

     Regulations:

     DoD Directive 1332.14, Part 1.1 and J Army:  AR 635-200,
     Chapter 9 Air Force:  AFR 39-10, Chapter 5, 95-30 through -34
     Navy:  MILPERSMAN 3630500 and 3630550 Marine Corps:  MCO
     P1900.16C, 16208 and 96209 Coast Guard:  COMDINST MIOOO.6,
     Article 12-B-20 and 12-B-16(b) (5)

H.  Misconduct

     There are four bases for a misconduct separation:  minor
disciplinary infractions, a pattern of misconduct, commission of a
serious offense, and civilian conviction.  Unlike separation for
unsatisfactory performance or convenience of the government, a
misconduct separation implies that the member is to blame for her
or his actions.

     %Minor Disciplinary Infractions:  Each branch of the military
     defines this
differently.  "Infractions" may refer to short periods of
unauthorized absence, disrespect to a superior, or failure to obey
an order.  While such infractions are usually disciplined at
non-judicial punishment, a member may be separated or committing
infractions repeatedly.
     %A Pattern.of Misconduct:  This refers to discreditble
     involvement with
authorities, or conduct prejudicial to good ordauthorities, or
conduer and discipline.  Several minor civilian convictions
(misdemeanors) or minor violations of the UCMJ, failure to pay
just debts or to comply with civil court orders to support one's
dependents are examples.
     %Commission of a Serious Offense::  This refers to commission
     of a military or
civilian offense which would warrant separation and for which a
punitive discharge would be authorized under the Manual for
Courts-Martial.  Prolonged unauthorized absences, drug abuse, or
acts or "sexual deviation" could come under this category.
     %Civilian Conviction:  This refers to conviction by civilian
     authorities or
action taken which is tantaount to a finding of guilty.
Misconduct separation is authorized when a punitive discharge
would be authorized for the same or a similar offense under the
Manual for Courts-Martial, or if the sentence by civilian
authorities includes confinement of six months or more, without
regard to suspension or probation.

     Characterization of misconduct separations is normally OTH,
but it is possible (although rare) to receive a General or
Honorable depending on the member's record.

     Regulations:

     DoD:  Directive 1332.14, Part l.K Army:  AR 635-200, Chapter
     14 Air Force:  AFR 39-10, Chapter 5, 95-43 through-50 Navy:
     MILPERSMAN 3630600 Marine Corps:  MCO P1900.16C, 96210 Coast
     Guard:  M1000.6, Article 12-B-18

I.  Separation in Lieu of Trial by Court-Martial

     When members are charged with an offense for which they could
receive a punitive discharge as a result of a court-martial, they
may request an administrative discharge instead of the
court-martial.
     The request for discharge must be made voluntarily by the
member, who must submit the request in writing and sign it after
having the right to consult with counsel.
     A risk in the process is that the member may be required to
     make an admission of guilt.  If the separation authority were
to decide to deny the request for administrative separation and
refer the matter to court-martial, such admissions of guilt may be
used, under limited circumstances, against the member during
court-martial.  (28)
     After submitting the request, the member may change his or
her mind and wish to withdraw the request.  However, this must be
approved by the separation authority.  Also, submitting the
request for administrative discharge in lieu of court-martial does
not automatically prevent court-martial.  However, the request may
still be approved after the member has been tried and
convicted.(29)
     This separation will normally carry a characterization of
OTH.  However, the regulations allow for characterizations of
Honorable, General, or ELS when the member's record is especially
excellent.

     Regulations:  DoD Directive 1332.14, Part l.L

     Army:  AR 635-200, Chapter 10 ("Discharge for the Good of the
     Service") Air Force:  AFR 39-10, Chapter 4, 14-1 through 4-12
     Navy:  MILPERSMAN 3630650 Marine Corps:  MCO P1900.16C, 96211
     Coast Guard:  COMDINST 1000.6, Article 12-B-21 ("Discharge
     for the Good of the
Service")

J.  Other Reasons for Separation

     %Security:  Members may be separated when retention is
     considered clearly
inconsistent with the interest of national security.
Characterization may be Honorable, General, OTH, or ELS.  (30)
     %Unsatisfactory Participation in Ready Reserve: Reservists
     may be separated for
unsatisfactory participation according to criteria established by
their branch of the military and by the Department of Defense.
Characterization will most likely be OTH, but could be Honorable
or General.  Those who demonstrate some potential for future
military service in a mobilization will be transferred to the IRR,
but those who do not will be discharged.  (31)
     %Reasons Established by the Military Departments:
The Department of Defense authorizes the several branches to
devise their own additional reasons for separation for
circumstances unique to them.  Consequently, a basis for discharge
in one branch may have no counterpart in another branch.
     An example of a unique discharge exists in the Air Force for
certain Air Force personnel in correction or rehabilitation
programs who, through inability or unwillingness to cooperate,
fail to progress in or complete the program.  (32)
     %Secretarial Plenary Authority (or discharge "in the best
     interest of the
service").  The secretaries of the military departments have the
authority to separate any member prior to the expiration of the
enlistment term if the Secretary determines it to be in the best
interest of the military.
     Such separations must be characterized as Honorable, General,
or ELS, and should only occur when no other reason for separation
already established in the regulations is considered appropriate.
The Administrative Board procedure cannot be used, even if the
member has six or more years of military service.  (33)
     %Expiration of Service Obligation:   Members will be
     discharged upon the date
of expiration of their enlistments and any extensions of
enlistment.  Unless voluntarily or involuntarily discharged prior
to their ETS, they must fulfill the statutory obligation of
serving a minimum of six years combined active and inactive duty.
(As of February 1984, the enlistment document DD Form 4 enlists
people for a total of eight years.)
     Those completing their tours of active duty who have a
remaining obligation under the law will be transferred to the
inactive reserves for the remainder of their terms. (34) (See also
footnote 2.)
     %Selected Changes in Service Obligations:  Honorable or Entry
     Level Separations
will be given to those who are separated because of some change in
their obligation to serve the full term of their contract.
Examples:  acceptance into an ROTC program; acceptance of
appointment as a commissioned or warrant officer; discharge for
immediate reenlistment; reduction in enlisted strength or general
demobilization.
     The Air Force has the "PALACE CHASE" provision for people
seeking separation from active duty in order to enter the Air
National Guard or an Air Force Reserve unit.  (35)

VII.  DISCHARGE IN ABSENTIA


     There are some circumstances in which a person who is absent
without authority (AWOL or UA) may be discharged without returning
to military control.
     Only an officer who has the authority to convene a general
court-martial or a higher authority may authorize this separation.
One of three requirements must be met:
     %the member is AWOL/UA after receiving notice of initiation
     of separation
processing;
     %prosecution of a member who is AWOL/UA is barred by the
     statute of
limitations, Article 43, UCMJ.  (Except in time of war, a person
charged with AWOLIUA cannot be tried by court-martial if the
offense was committed more than two years before the receipt of
sworn charges and specifications by an officer exercising summary
court-martial jurisdiction over the command.  The statute of
limitations for a person charged with desertion is three years.);
OR
     %a member who is an alien is AWOL/UA and appears to have gone
     to a foreign
country where the United States has no authority to apprehend the
member under a treaty or other agreement.
     While discharge in absentia is not likely, it is very
important, when counseling someone who has been AWOL/UA for a long
time, to find out if the statute of limitations has been tolled
and if separation processing was initiated before the member went
AWOL/UA.  (36)

This chapter was written by Sabrina Sigal Falls of the CCCO staff
and editor of the Military Counselor's Manual.

FOOTNOTES

     1.  DoD Directive 1332.14 (Encl.  2), 1/28/82.
     2 . 10 U.S.C sect.651 (Title 10 U.S. Code, Section 651):
     "Each person who
becomes a member of an armed force, other than a person deferred
under the next to last sentence of section 6(d)(1) of the Military
Selective Service Act shall serve in the armed forces for a total
initial period of not less than six years nor more than eight
years...unless such person is sooner discharged....Any part of
such service that is not active duty or that is active duty for
training shall be performed in a reserve component."
     3.  AR 635-200, 11 -36,
     4.  Ibid.
     5.  Ibid.
     6.  AFR 39-10, para.11-7.
     7.  AFR 39-10, Table 1-4.  Since regulations are constantly
     updated or changed,
other separations may be added to the Table subsequent to the
printing of this chapter.
     8.  MILPERSMAN 3610100.8.
     9.  MARCORSEPMAN, MCO P1900,16C, para. 16311.3.
     10.  DoD Directive 1332.14, Part 2, Subpar.  C.2,b(l) through
     (3), 1/28/82.
The definitions provided in this Manual chapter are taken directly
from the DoD Directive.
     11.  Dod Direct2.
     12.  The ca2.
     12.  The cat 2, Subpar.  C.2.a(2) , 1/28/8se described here
     is Wood v. Secretary of Defense, 496 F.Supp. 192,
8 MLR 2454 (D.D.C. 1980) and Civ. A. No. 77-0684, 11 MLR 2938
(D.D.C. Aug. 31,
1983).  This case applies to people whose discharges occurred or
were reviewed on or after 4/20/71 and who received administrative
separations for reasons other than "misconduct" which were less
than honorable because of their conduct while in the inactive
reserves.  The court ordered the military either to upgrade these
discharges to fully honorable or to offer to these veterans a
hearing before an administrative discharge board, which must
establish that the alleged civilian misconduct adversely affected
performance of military duties, the member's eligibilit "call-up,"
and/or the overall effectiveness of the military.  See also, Maze,
Rick, "Inactive Reserve Vets To Get Discharge Review," Army Times,
19 September 1983.
     13.  DoD Directive 1332.14, Part 2, Subpar. C.3.a and b,
     1/28/82.
     14.  DoD Directive 1332.28, Discharge Review Board Procedures
     and Standards,
Amended.  See 48 Fed.Reg. 35644 (8/5/83, eff. 4/14/83) .
     15.  10 USC sect. 504.
     16.  10 USC sect. 505 (a) .
     17.  10 USC sect. 504.  18.  DoD Directive 1332.14, Part
     3.B(4) and C(6).  19.  DoD Directive 1332.14, Part l.C.4(a);
     AFR 39-10, sect. 3-8;  MCO
P1900.16C, sect. 6405; COMDINST M1000.6, Art 12-B-8.
     20.  DoD Directive 1332.14, Part I.C.4(b), see also DoD
     Directive 1344.10;  AFR
39-10, sect. 3-14;  MCO P1900.16C, sect. 6406,
     2l.   DoD Directive 1332.14, Part l.C.4(i),
     22.  AR 635-200, Chapter 5, Section IV, sect. 5-9 (lack of
     jurisdiction), sect.
 sect. 5-11 (personnel who do not sect. 5-11 (personnel who do
notd to U.S.), meet procurement medical fitness standards),
sect.5-12 (failure after enlistment to qualify medically for
flight training), sect. 5-14 (concealment of arrest record).
     23.  AFR 39-10, Chapter 3, sect.3-11 (nonfulfillment of
     enlistment agreement);
sect. 3-13 (early release from extension), sect. 3-15
(miscellaneous reasons), and sect. 5-9 (exceeding weight
standards), See also AFR 35-11 for weight standards.
     24.  MILPERSMAN 3620260 (alien) and 3620250 (obesity).  See
     also OPNAVINST
6110.lB and MILPERSMAN 3420440 (Health and Physical Readiness
Program) ..
     25.  MCO P1900.16C, sect. 6412 (not selected for promotion to
     Staff sergeant),
sect. 6413 (reduction from SNCO to Sergeant or below), sect. 6414
(reservist becomes a minister), sect. 6416 (Marines married to
ther service members) , sect. 6418 (writ of habeas corpus) .
     26.  COMDINST M1000.6, Article 12-B-12.
     27.  DoD Directive 1332.14, Part 2,C.2.c;  AR 635-200,
     Chapter 3, sect. 3-8;
AFR 39-10, Chapter 1, sect. 1-21;  MILPERSMAN 3610300.4;  MCO
P1900.16C, sect.  6107.2(c);  COMDINST Ml000.6, Article 12-B-2(e).
     28.  See Rule 410, Military Rules of Evidence, in the Manual
     for Courts-Martial
(January 1984), which deals with inadmissibility of pleas, plea
discussions, and related statements.
     29.  AR 635-200, Chapter 10, sect. 10-1 (c) .
     3O.  DoD Directive 1332.14, Part l.M.  See also DoD Directive
     5200.2-R;  AFR
39-10, Chapter 5, sect. 5-51 through 5-54 .  See also AFR 205-32;
MILPERSMAN
3630700;  MCO P1900.16C, sect. 6212;  COMDINST M1000.6, Article
12-B-17.
     31.  DoD Directive 1332.14, Part l.N., and DoD Directive
     1215.13.
     32.  DoD Directive 1332.14, Part I.P;  see AFR 39-10, Chapter
     5, sect. 5-55
through 5-58.
     33.  DoD Directive 1332.14, Part 1.0;  MILPERSMAN 3630900;
     MCO P1900.16C,
sect. 6214.
     34.  10 USC sect. 651;  DoD Directive 1332.14, Part l.A;  AR
     635-200, Chapter
4;  AFR 39-10, Chapter 2, sect. 2-1 through 2-8;  MILPERSMAN
3620150; COMDINST MIOOO.6, Article 12-B-11,
     35.  DoD Directive 1332.14, Part l.B;  AR 635-200, Chapter
     16;  AFR 39-10,
Chapter 2, sect. 2-9 through 2-20;  MILPERSMAN 3620100;  MCO P
1900 .16C , sect.  6403 and 6404 .
     36.  DoD Directive 1332.14, Part 3.F.

** End of text from cdp:military.draft **