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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
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