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. the member received a written enlistment
commitment from recruiting personnel for which the
member was qualified that cannot be fulfilled by the
naval service; or
l the enlistment was involuntary; for example, one
that is induced by fraud or duress or undue influence and
not the product of a free and unconstrained choice.
Characterization of service will be honorable unless
ELS is appropriate. COs of recruit training commands
are authorized to discharge members under their
command under this article. For members not assigned
to recruit training commands, the Chief of Naval
Personnel is the separation authority.
For additional guidance on separation processing by
reason of defective enlistment, refer to the
MILPERSMAN.
DEFECTIVE ENLISTMENT AND
INDUCTION - MINORITY
This category is for discharge of a member for a
defective enlistment and induction on the basis of
minority.
A member under age 18 is a minor. The minimum
age for enlistment is 17. Written consent of a custodial
parent or legal guardian must be obtained before
enlistment of a minor.
The type of uncharacterized separation given is
governed by the member’s age when separation
processing is commenced or completed. A member who
is a minor under the age of 17 is discharged with an order
of release from the custody and control of the Navy. If
the minor who enlisted without proper consent has
attained his or her 17th birthday, discharge is authorized
or directed upon satisfactory evidence of true age. An
application for discharge must have been submitted by
a custodial parent or legal guardian and received by the
Navy within 90 days of enlistment to effect the discharge
of a member 17 years old.
If the member has attained the age of 18, separation
is not warranted under this category. The member has
effected a constructive enlistment.
Characterization of service will be (1) under age 17,
order of release or (2) over age 17, ELS.
Use the
notification procedure.
A commander of a naval
training center, authorized to convene SPCMs, is
authorized to act as a separation authority for those
members under his or her command.
For those
members not assigned to a naval training center, the
Chief of Naval Personnel (PERS-282) is the separation
authority. Send completed cases to the Chief of Naval
Personnel.
For additional guidance on separation processing by
reason of defective enlistment due to minority, refer to
the MILPERSMAN.
DEFECTIVE ENLISTMENTS AND
INDUCTIONS - FRAUDULENT ENTRY
INTO NAVAL SERVICE
This category provides for separation of members
on the basis of procurement of a fraudulent enlistment,
induction, or period of service through any knowingly
false representation or deliberate concealment about any
of the qualifications or disqualifications of military
service.
Characterization of service will be honorable,
general or ELS. If the fraud involves concealment of a
prior separation for any characterization other than
honorable, or the concealed offense would warrant
consideration for a discharge under OTH conditions,
process the member for a discharge under OTH
conditions.
Use either the notification or administrative board
procedure depending on the type of discharge sought.
COs with SPCM CA are delegated to separate members
with honorable, general, or ELS provided the member
does not object. In cases where the member objects the
Chief of Naval Personnel (PERS-83) is the separation
authority. Send the processed case to the Chief of Naval
Personnel (PERS-83).
Message submission is
authorized.
For additional guidance on separation processing by
reason of fraudulent enlistment, refer to the
MILPERSMAN.
ENTRY LEVEL PERFORMANCE AND
CONDUCT
Separate a member for entry level performance or
conduct for the following reasons:
. It is determined that the member is unqualified
for further military service by reason of unsatisfactory
performance or conduct, as evidenced by incapability,
lack of reasonable effort, failure to adapt to the naval
environment, or minor disciplinary infractions.
. A member with broken service fails to
satisfactorily complete indoctrination training.
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