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Congressional Correspondence
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CHAPTER 12 SEPARATIONS The term separation is defined in the Naval  Military Personnel Manual (MILPESSMAN) as “all means by which an individual may cease to hold the status of a member of the naval service on active duty, except death or  desertion.” The Secretary of the Navy (SECNAV), acting for the President, establishes criteria by which the Navy and Marine Corps may allow voluntary officer and enlisted separations and still maintain a sound officer corps and enlisted  community. The  majority  of  officer  and  enlisted  separations  are due either to retirement or release from active duty. When an officer or an enlisted member is separated by either  method,  it  may  be  effected  voluntarily  or involuntarily,  depending  on  the  circumstances  involved. There  is  a  distinct  and  legal  difference  between retirement  or  release  from  active  duty  and  total separation. Upon retirement or release from active duty, officers  and  enlisted  members  continue  to  be  fully subject  to  naval  jurisdiction  and  orders  except  only  to the extent that jurisdiction is specifically limited by statute. The jurisdiction is limited by law, but the legal status is there. In this chapter we discuss the various methods of voluntary  and  involuntary  officer  and  enlisted separations. OFFICER SEPARATIONS Once a member has legally accepted a commission or warrant and has executed the oath of office, he or she has acquired a legal status that continues until it is terminated  legally.  Termination  may  be  accomplished only  through  a  specific  legally  authorized  process.  Once a person has become an officer of the naval service under a commission or warrant in the Navy or any Reserve   component   thereof,   that   person   is   then presumed to remain in that office until his or her status as such is shown to have been terminated by a duly constituted governmental authority acting pursuant to law. Six  forms  of  termination  presently  authorized  by law  in  officer  cases  include  the  following: . Acceptance of resignation Separation  for  cause Revocation of commission Dropping  from  rolls Dismissal Termination  of  commission Separations of officers from the naval service must be approved by SECNAV. VOLUNTARY Officers of the Regular Navy and Naval Reserve retain their commissions at the pleasure of the President and  no  terminal  dates  are  established  for  their commissions. SECNAV, by virtue of his or her authority to  act  for  the  President,  prescribes  criteria  for  the voluntary termination of an officer’s commission as deemed necessary for the maintenance of a sound corps. Resignation  (Unqualified) An   unqualified   resignation   is   a   voluntary separation.  An  officer  who  submits  an  unqualified resignation  may  want  to  resign  for  the  following reasons: Expiration of statutory service obligation Expiration  of  obligated  service Change  of  career  intentions Interservice  transfer Selected changes in service obligation Retirement Discharge of a reservist to become a minister An  officer  may  also  wish  to  separate  for  the convenience of the government for reasons such as the following: . Conscientious objection .  Dependency  or  hardship .  Officers  married  to  other  service  members 12-1

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