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Unsatisfactory Performance - 14134_272
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Civilian Conviction (Processing not Mandatory)
ALCOHOL ABUSE REHABILITATION FAILURE A member who has been referred by his or her CO to a level II or III rehabilitation treatment program for personal alcohol abuse may be separated when he or she: l l l l demonstrates an inability or refusal to participate in, cooperate in, or successfully complete such a level II or III program; has an alcohol incident or drug-related incident anytime in his or her career following completion of level II or III; fails to follow a directed level II or III aftercare program; or returns to alcohol abuse following level II or III and there is no potential for further service. Nothing in this article prevents the separation under any other basis for separation, in appropriate cases, of a member who has been referred to such a program. Characterization is TWSR or ELS. Use the notification procedure.  COs  with  SPCM  CA  may  effect  separation provided the member does not object. If the member objects the Chief of Naval Personnel (PERS-83) is the separation  authority. Forward the processed case by letter of transmittal to PERS-83. For additional guidance on separation processing by reason  of  alcohol  abuse  rehabilitation  failure,  refer  to the  MILPERSMAN. MISCONDUCT You may separate a member for misconduct when it is determined that the member is unqualified for further military service by reason of one or more of the following: l  Minor disciplinary infractions .  Pattern of misconduct l  Commission of a serious offense (processing not mandatory) l  Commission  of  a  serious  offense  (processing mandatory) l   Civilian convictions (processing not mandatory) l   Civilian conviction (processing mandatory) You may not initiate separation processing for a series  of  minor  disciplinary  infractions  or  a  pattern  of misconduct  until  the  member  has  been  counseled, Reflect the counseling on a page 13 entry or letter. Counseling  and  rehabilitation  are  not required for commission  of  a  serious  offense  of  civilian  felony conviction. Characterization of service is normally OTH, but characterization as general may be assigned when warranted. When a service member serving in paygrade E-4 or above is separated with an OTH, the member  is  administratively  reduced  to  paygrade  E-3. Use the administrative board procedure. However, the  notification  procedure  is  authorized  for  use  when processing for minor disciplinary infractions. COs with SPCM  CA  may  effect  the  discharge  only  if  an administrative board recommends separation with a general or honorable discharge and the member does not object. In cases where the member objects the Chief of Naval  Personnel  (PERS-83)  is  the  separation  authority. Regardless of   the   administrative   board’s recommendation,  the  Chief  of  Naval  Personnel  is  the separation  authority  for  members  being  separated  by reason of misconduct due to commission of a serious offense as evidenced by sexual perversion or sexual harassment. Send the processed case to the Chief of Naval Personnel (PERS-83). Message submission is optional. For additional guidance on separation processing by reason of misconduct, refer to the MILPERSMAN. We   will   now   explore   each   of   the   previous subcategories  under  the  Misconduct  heading  in  more detail. Minor  Disciplinary  Infractions Minor  disciplinary  infractions  are  evidenced  by  a series of at least three but not more than eight minor violations of the UCMJ (none that could warrant a punitive discharge and none that are drug-related) within the current enlistment that were disciplined by not  more  than  two  punishments  under  the  UCMJ. Before initiating processing the member must have violated  counseling. Pattern of Misconduct A pattern of misconduct is defined as discreditable involvement with civil and/or military authorities as evidenced  by  one  or  more  of  the  following: l Three or more civilian convictions within the current  enlistment.  The  latest  civilian  conviction  and 9-11

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