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The original of the letter of notification is kept by
the respondent and a copy is included as an enclosure to
the transmittal letter requesting separation. The
respondent endorses the letter by signing for receipt of
it.
You should become familiar with the applicable
regulations governing letters of notification so you have
a clear understanding of a respondent’s rights.
Counsel
Respondents have the right to consult with counsel
qualified under Article 27b, UCMJ, before signing their
statement of awareness except under the following
circumstances:
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When the respondent is attached to a vessel or
unit operating away from or deployed outside the
United States or away from its overseas home
port, or to a shore activity remote from judge
advocate resources
When no qualified counsel is assigned and
present at the vessel, unit, or activity
When the CO does not anticipate having access
to qualified counsel from another vessel, unit, or
activity for at least the next 5 days
When the CO determines that the requirements
or needs of the naval service require processing
before qualified counsel will be available
Appoint nonlawyer counsel whenever qualified
counsel is not available.
Any appointed nonlawyer
counsel will be a commissioned officer with no prior
involvement in the circumstances leading to the basis of
the proposed separation and no involvement in the
separation process itself.
The respondent may also consult with a civilian
counsel at the respondent’s own expense.
The
respondent’s use of a civilian counsel does not relieve
the CO of the requirement to furnish counsel.
Consultation with civilian counsel will not delay timely
processing.
Response
The response of the respondent to the letter of
notification is referred to as a statement of awareness.
The CO will allow a reasonable period of time of
not less than 2 working days for the member to respond
to the notice. An extension maybe granted on a timely
showing of good cause by the respondent. The
respondent’s election as to each of the rights, via the
statement of awareness, is recorded and signed by the
respondent and witnessed by respondent’s counsel, if
available locally. If the respondent declines to respond
to the election of rights, consider it a waiver of rights
and proceed with the separation processing. The format
letter that you will use is contained in the
MILPERSMAN, Article 3640200(6).
ACTION OF THE OFFICER EXERCISING
SPCM CA
Officers exercising SPCM CA are delegated
authority to separate enlisted personnel with honorable,
general, or entry level discharges when the member does
not object to separation for the following reasons:
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Parenthood
Designated physical or mental conditions
(somnambulism, enuresis, personality disorder,
and excessive height)
Weight control failure
Dependency or hardship
Pregnancy or childbirth
Surviving son or daughter
Erroneous enlistment
Fraudulent enlistment
Entry level performance and conduct
Unsatisfactory performance
Homosexuality (where no OTH is recom-
mended)
Drug abuse rehabilitation failure
Alcohol abuse rehabilitation failure
In any case that must be initiated under the
administrative board procedure vice the notification
procedure an SPCM CA is delegated authority to
separate the member when (1) an administrative
discharge board recommends separation with a general
or honorable characterization, (2) the member does not
object to the discharge, and (3) the characterization is
consistent with guidelines in the MILPERSMAN.
COs with SPCM CA effect the discharge by issuing
a letter to the respondent directing the discharge. Figure
9-3 is a sample letter that a CO with SPCM CA may
issue a respondent to effect the discharge. Send a copy
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