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. Separation instead of trial by court-martial
Policies and regulations set forth in SECNAVINST
1920.6A are not intended to prevent trial by
court-martial when appropriate.
Revocation of Commission
SECNAV may revoke the commission of a Regular
Navy officer who holds a permanent appointment above
W-4, provided the officer has less than 3 years
continuous commissioned service. Naval Reserve
officers and the warrant or chief warrant officers and
temporary officers are subject to revocation at any time,
regardless of the length of service.
The right to revoke a commission is deliberately
held to the junior officer level since the first 3 years of
a junior officers career is a probationary period. Should
the officer prove unsatisfactory, the officer may be
removed from the naval service with a minimum of red
tape.
Using fitness reports, recommendations from
commanding officers (COs), or other sources of
information, the Chief of Naval Personnel
(CHNAVPERS) may determine whether an officer will
be processed for dropping from the rolls, revocation of
commission, termination of appointment, or such
separation from the naval service as maybe appropriate.
COs who have officers attached to their command who,
in their opinion, should not retain their status as an
officer or should be released from active duty must
forward an appropriate recommendation with
substantiating information to CHNAVPERS via the
chain of command. A special fitness report covering the
officers performance of duty to the date of
recommendation must accompany the recommendation
as an enclosure. The very nature of the recommendation
is adverse and, before forwarding, must be referred to
the officer for comment and statement according to
Navy Regulations, 1990. Before forwarding a
recommendation that an officer be released from active
duty or separated from the service for cause, it should
be determined whether the officer desires to submit a
resignation for an appropriate type of discharge. If the
officer submits a resignation, whether considered an
appropriate type or not, it must be forwarded for
consideration together with the COs recommendation
concerning acceptance. Any resignation solicited by
either the command or CHNAVPERS must enclose a
special fitness report covering the officers performance
of duty to the date of the resignation request. If the
officer does not submit a request for resignation, the fact
that the officer was afforded the opportunity and
declined to do so must be stated.
In some cases an officer who has been
recommended for revocation of commission is entitled
to a hearing. If a command recommends to SECNAV
that a commission be revoked for the following reasons,
the officer is normally not entitled to a hearing:
. Failure to satisfactorily complete a course of
instruction that the officer has been ordered to undergo
or is a condition to qualifying for promotion, designa-
tion, or duty assignment
. Unsatisfactory performance of duty, reported by
at least two reporting seniors
l Temperamental unsuitability or unfitness for
service as established by a medical examination
l An officers request for a hearing will normally
be granted for any of the following reasons:
. Failure to support a dependent adequately
l Violation of any criminal statute
. Malfeasance in performance of duty
l Violation of a regulation
The reasons stated in both of the previous groups
are not inclusive, but given for general guidance. An
officer granted a hearing is merely there in an informal
capacity to present a personal version of the problem,
Detailed information and guidance for processing
officers for separation because of misconduct,
unsatisfactory or poor performance of duty,
unsuitability, or other conditions that render the
continuation of officers in their present status
undesirable are contained in SECNAVINST 1920.6A.
Dropping From the Rolls
It has happened on occasion that enlisted members
have gone over the hill, remained AWOL for months,
finally returned to naval jurisdiction, and, after
completing their punishment, have remained in the
Navy after a retraining period to serve well, and, but for
this one mistake, honorably.
An officer doesnt usually get a second chance for
an offense either of this type or for a major civil offense.
Under Sections 1161, 1163, and 6408, Title 10,
USC, the President or SECNAV, depending upon the
applicable statute, may drop from the rolls of an armed
force a Regular or Reserve officer at any time who has
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