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IN LIEU OF TRIAL BY COURT-MARTIAL
A member may be separated in lieu of trial by
court-martial upon the member’s request if the charges
have been preferred with respect to an offense for which
a punitive discharge is authorized in the Maximum
Punishment Chart, appendix 12, Manual for
Courts-Martial, 1984, and the member’s CO
determines that the member is unqualified for further
naval service under the guidance contained in
MILPERSMAN 3610200.
This provision may not be used as a basis for
separation when Rules of Court-Martial (R.C.M.)
1003(d) of the Manual of Courts-Martial, 1984,
provides the sole basis for a punitive discharge unless
the charges have been referred to a court-martial
authorized to adjudge a punitive discharge.
A request for administrative separation under other
than honorable conditions in lieu of trial by
court-martial does not prevent or suspend disciplinary
proceedings in a case. Whether such proceedings will
beheld in abeyance pending final action on a request for
discharge is a matter to be determined by the officer
exercising general court-martial jurisdiction over the
member concerned. As a condition precedent to
approval of the request, the member, if serving in
paygrade E-4 or above, must also request administrative
reduction to paygrade of E-3. Upon approval of the
request for separation in lieu of trial by court-martial,
such member will be reduced to paygrade E-3 by his or
her request.
HOMOSEXUALITY
Homosexuality is incompatible with naval service.
The presence in the naval environment of persons who
engage in homosexual conduct or who, by their
statements, demonstrate a propensity to engage in
homosexual conduct seriously impairs the
accomplishment of the naval mission. The presence of
such members adversely affects the ability of the Navy
to maintain discipline, good order, and morale; foster
mutual trust and confidence among service members;
guarantee the integrity of the system of rank and
command; facilitate assignment and worldwide
deployment of service members who frequently must
live and work under close conditions affording minimal
privacy; recruit and retain members of the Navy;
maintain the public acceptability of the Navy; and
prevent breaches of security.
The basis for separation may include preservice,
prior service, or current service conduct or statements.
Preservice or prior service conductor statements should
be processed according to the MILPERSMAN. A
member will be separated under homosexuality if one
or more of the approved findings listed in the
MILPERSMAN are made.
FLEET RESERVE
The Fleet Reserve is composed of enlisted members
who have served in the Regular Navy and the Naval
Reserve and who may, in the event of a national
emergency or war, be recalled to active duty without
additional training.
Personnel who have completed 20 years of active
service may submit a request using Application for
Transfer to the Fleet Reserve, NAVPERS 1830/1, for
transfer to the Fleet Reserve not less than 6 months and
not more than 1 year before the desired date of transfer.
All Fleet Reserve transfers are effective on the last day
of the month.
An effective date of transfer to the Fleet Reserve
may be held in abeyance if the member is in any of the
following circumstances:
. In a disciplinary status
l Serving a sentence of a court-martial
. Awaiting civil action
. Awaiting an administrative discharge
. Under medical treatment (member must signify
his or her consent by signing a page 13 entry)
COs may defer transfer to the Fleet Reserve up to
30 days beyond the date authorized only when urgent
operational commitments demand the member’s
service. When deferment is effected for this reason, a
full report of the circumstances should be forwarded by
message to CHNAVPERS, with an information copy to
the appropriate type commander.
Transfer of a person to the Fleet Reserve means you
will close out the record and open a Fleet Reserve record
that will be kept by the Commanding Officer, Naval
Reserve Personnel Center, New Orleans, Louisiana.
A fleet reservist is required to do the following:
. Be ready for active service in time of war or
national emergency
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