| |
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
|
