Army Regulation 135–178
Army National Guard and Army Reserve
Enlisted
Administrative
Separations
Headquarters
Department of the Army
Washington, DC
13 March 2007
Rapid Action Revision (RAR) Issue Date: 27 April 2010
UNCLASSIFIED
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Army National Guard and Army Reserve Enlisted Administrative Separations: Policies and Pro, Study notes of Religion
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Army Regulation 135–
Army National Guard and Army Reserve
Enlisted
Administrative
Separations
Headquarters Department of the Army Washington, DC 13 March 2007
Rapid Action Revision (RAR) Issue Date: 27 April 2010
UNCLASSIFIED
SUMMARY of CHANGE
AR 135–
Enlisted Administrative Separations
This rapid action revision, dated 27 April 2010--
o Adds requirement for commanders to identify departing Soldiers as having been or not having been a victim of sexual assault (paras 3-2 and 3-4).
o Implements new Army policy in accordance with DODI 1332.14 and DODI 1332. (paras 10-1, 10-2 a , 10-2 b (1), 10-3 a , 10-3 b , 10-3 b (1), 10-3 b (2), 10-5 a , 10-6, 10-6 a , 10-6 b , 10-8 b , and 10-8 c ).
o Makes administrative and additional rapid action revision changes (throughout).
Contents—Continued
Contents—Continued
- Disposition through medical channels • 1–9, page
- Authority to Order and Accomplish Separation, page Section II
- Authority to order separation prior to expiration of service obligation • 1–10, page
- retired pay • 1–11, page Authority to order separation of Soldiers having more than 18 but fewer than 20 years of qualifying service for
- Referrals to HQDA • 1–12, page
- Authority to convene administrative separation boards for non-unit Soldiers • 1–13, page
- page Actions required of commanders having separation authority regarding Soldiers’ incentives and entitlements • 1–14,
- Instruction in Benefits of an Honorable Characterization of Service on Discharge, page Section III
- Purpose of instruction • 1–15, page
- Presentation of instruction • 1–16, page
- Contents of instruction • 1–17, page
- Applicability and time of instruction • 1–18, page
- Recording • 1–19, page
- Bars to Reenlistment, page Section IV
- General • 1–20, page
- Discharge initiation and processing • 1–21, page
- Mobilization Asset Transfer Program, page Section V
- Policy • 1–22, page
- Eligibility for the MATP • 1–23, page
- Ineligible for the Mobilization Asset Transfer Program • 1–24, page
- Separation authority determination of mobilization potential • 1–25, page
- Requirements on retention, transfer, or reassignment to the individual ready reserve • 1–26, page
- Chapter
- Guidelines on Separation and Characterization, page
- Separation, page Section I
- Scope • 2–1, page
- Guidance • 2–2, page
- Limitations on separation actions • 2–3, page
- Counseling and rehabilitation • 2–4, page
- Suspension of Separation, page Section II
- Suspension • 2–5, page
- Action during the period of suspension • 2–6, page
- Characterization or Description of Service on Separation, page Section III
- Types of characterization or description • 2–7, page
- General considerations • 2–8, page
- Characterization of service • 2–9, page
- Limitation on characterization of service • 2–10, page
- Separation where service is uncharacterized • 2–11, page
- ii AR 135–178 • 13 March
- Discharge Policy, page Section IV
- Separation counseling for Soldiers being discharged • 2–12, page
- Orders • 2–13, page
- Discharge before expiration of the service obligation • 2–14, page
- Discharge after expiration of the service obligation • 2–15, page
- Effective date of discharge • 2–16, page
- Notification of discharge • 2–17, page
- page Notification of discharge of a Soldier who cannot be located or is absent in the hands of civil authorities • 2–18,
- Certificates • 2–19, page
- Preparation of certificates • 2–20, page
- Amendments and corrections to certificates • 2–21, page
- Chapter
- Guidelines for Separation, page
- Application, page Section I
- Scope • 3–1, page
- Guidance • 3–2, page
- Counsel for respondent • 3–3, page
- Screening and counseling of victims of sexual assault • 3–4, page
- Separation Using the Notification Procedure, page Section II
- Notice under the Notification Procedure • 3–5, page
- Additional notice requirements • 3–6, page
- Response • 3–7, page
- The initiating commander’s report to the separation authority • 3–8, page
- Action by intermediate commanders • 3–9, page
- Action by separation authority • 3–10, page
- Separation Using The Administrative Board Procedure, page Section III
- Notice under the Administrative Board Procedure • 3–11, page
- Additional notice requirements • 3–12, page
- Response • 3–13, page
- The initiating commander’s report to the separation authority • 3–14, page
- Action by intermediate commanders • 3–15, page
- Waiver • 3–16, page
- Action by the separation authority on commander’s recommendation • 3–17, page
- Hearing requirements • 3–18, page
- Action by separation authority on board recommendations • 3–19, page
- Disposition of proceedings • 3–20, page
- Errors and discrepancies noted before accomplishing separation • 3–21, page
- Disposition of the case file • 3–22, page
- Additional Provisions Concerning Soldiers Confined by Civil Authorities, page Section IV
- Proceedings when Soldier is confined by civil authorities • 3–23, page
- Notification requirements • 3–24, page
- Chapter
- Expiration of Service Obligation, page
- Basis • 4–1, page
- The MSO • 4–2, page Contents—Continued
- Retention beyond expiration of service obligation • 4–3, page
- Voluntary separation of Soldiers on indefinite re-enlistments • 4–4, page
- Characterization of service • 4–5, page
- Separation authority • 4–6, page
- Chapter
- Selected Changes in Service Obligations, page
- Basis • 5–1, page
- Reduction in authorized strength of the USAR or ARNGUS • 5–2, page
- Discharge for immediate reenlistment • 5–3, page
- Discharge on enlistment in another component of the U.S. Armed Forces • 5–4, page
- Discharge on appointment as a commissioned or warrant officer • 5–5, page
- Separation of cadets on disenrollment from the Senior ROTC or an ROTC Scholarship Program • 5–6, page
- ROTC cadet early release • 5–7, page
- Discharge of a potential ROTC/SMP participant • 5–8, page
- Chapter
- Convenience of the Government, page
- Basis • 6–1, page
- Dependency or hardship • 6–2, page
- Pregnancy • 6–3, page
- Surviving sons or daughters • 6–4, page
- Involuntary separation due to parenthood • 6–5, page
- Not medically qualified under procurement medical fitness standards • 6–6, page
- Other designated physical or mental conditions • 6–7, page
- Characterization of service • 6–8, page
- Procedures • 6–9, page
- Separation authority • 6–10, page
- Chapter
- Defective Enlistments and Reenlistments, page
- Minority enlistments • 7–1, page
- Erroneous enlistment, reenlistment, and extension • 7–2, page
- Defective enlistments or reenlistments • 7–3, page
- Fraudulent enlistments or reenlistments • 7–4, page
- Chapter
- Entry Level Performance and Conduct, page
- Basis • 8–1, page
- Counseling and rehabilitation • 8–2, page
- Characterization and description • 8–3, page
- Procedures • 8–4, page
- Separation authority • 8–5, page
- Chapter
- Unsatisfactory Performance, page
- Basis • 9–1, page
- Criteria • 9–2, page
- Counseling and rehabilitation • 9–3, page
- Suspension of favorable personnel action • 9–4, page
- Medical processing and evaluation • 9–5, page
- Characterization of service • 9–6, page
- Procedures • 9–7, page
- Separation authority • 9–8, page
- iv AR 135–178 • 13 March
- Chapter Contents—Continued
- Homosexual Conduct, page
- Policy, page Section I
- General policy • 10–1, page
- Discharge policy • 10–2, page
- Criteria for discharge • 10–3, page
- Characterization or description of service • 10–4, page
- Separation authority • 10–5, page
- Procedures, page Section II
- Initiation of separation proceedings • 10–6, page
- Action by separation authority • 10–7, page
- Administrative separation board • 10–8, page
- Separation authority action after board hearings • 10–9, page
- Chapter
- Substance Abuse Rehabilitation Failure, page
- Basis • 11–1, page
- Characterization or description • 11–2, page
- Procedures • 11–3, page
- Separation authority • 11–4, page
- Chapter
- Misconduct, page
- Basis • 12–1, page
- Conviction by civil court • 12–2, page
- Procedures for civil court cases in foreign countries • 12–3, page
- Related separations • 12–4, page
- Counseling and rehabilitation • 12–5, page
- Suspension of favorable personnel action • 12–6, page
- Medical processing and evaluation • 12–7, page
- Characterization of service • 12–8, page
- Procedures • 12–9, page
- Separation authority • 12–10, page
- Chapter
- Unsatisfactory Participation in the Ready Reserve, page
- Basis • 13–1, page
- Suspension of favorable personnel action • 13–2, page
- Characterization of service • 13–3, page
- Procedures • 13–4, page
- Separation authority • 13–5, page
- Chapter
- Secretarial Plenary Authority, page
- Basis • 14–1, page
- Characterization of service • 14–2, page
- Procedures • 14–3, page
- Chapter
- Separation for Other Reasons, page
Contents—Continued
Section I Reasons for Separation, page 80 Basis • 15–1, page 80 Characterization of service • 15–2, page 81 Procedures • 15–3, page 81 Separation authority • 15–4, page 81
Section II Separation from the Delayed Entry Program, page 81 Basis • 15–5, page 81 Characterization or description • 15–6, page 81 Procedures • 15–7, page 81 Separation authority • 15–8, page 82
Section III Dropping from the Rolls, page 82 Sentenced to imprisonment (10 USC 12684(3)) • 15–9, page 82 Characterization of service • 15–10, page 82 Procedures • 15–11, page 82 Separation authority • 15–12, page 82
Chapter 16 Failure to Meet Army Body Composition Standards, page 82 Applicability • 16–1, page 82 Basis • 16–2, page 83 Counseling and rehabilitation • 16–3, page 83 Medical processing and evaluation • 16–4, page 83 Characterization or description • 16–5, page 83 Separation authority • 16–6, page 83
Appendixes
A. References, page 84
B. Management Control Evaluation Checklist, page 89
Figure List
Figure 1–1: Format for an affidavit of service by mail, page 9 Figure 3–1: Sample memorandum for victims of sexual assault statement for administrative separations, page 28 Figure 3–2: Format for notification of separation proceedings when the Notification Procedure is used, page 29 Figure 3–2: Format for notification of separation proceedings when the Notification Procedure is used—Continued, page 30 Figure 3–2: Format for notification of separation proceedings when the Notification Procedure is used—Continued, page 31 Figure 3–2: Format for notification of separation proceedings when the Notification Procedure is used—Continued, page 32 Figure 3–2: Format for notification of separation proceedings when the Notification Procedure is used—Continued, page 33 Figure 3–3: Format for Soldier’s response by endorsement to notification of separation proceedings when the Notification Procedure is used, page 34 Figure 3–3: Format for Soldier’s response by endorsement to notification of separation proceedings when the Notification Procedure is used—Continued, page 35 Figure 3–3: Format for Soldier’s response by endorsement to notification of separation proceedings when the Notification Procedure is used—Continued, page 36 Figure 3–3: Format for Soldier’s response by endorsement to notification of separation proceedings when the Notification Procedure is used—Continued, page 37
vi AR 135–178 • 13 March 2007
Chapter 1
General Provisions
Section I General
1–1. Purpose a. This regulation sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. The separation policies in this regulation promote the readiness of the Army by providing an orderly means to— (1) Judge the suitability of persons to serve in the Army on the basis of their conduct and their ability to meet required standards of duty performance and discipline. (2) Maintain standards of performance and conduct through characterization of service in a system that emphasizes the importance of honorable service. (3) Achieve authorized force levels and grade distribution. (4) Provide for the orderly administrative separation of enlisted Soldiers in a variety of circumstances. b. Department of the Army separation policy is designed to strengthen the concept that military service is a calling different from any civilian occupation. (1) The acquisition of military status involves a commitment to the United States, the Army, fellow citizens, and Soldiers to successfully complete a period of obligated service. Early separation for failure to meet required standards of performance or conduct represents a failure to fulfill that commitment. (2) Millions of Americans from diverse backgrounds and with a wide variety of aptitudes and attitudes upon entering military service have served successfully in the Reserve Components of the Army. It is the policy of the Department of the Army to provide Soldiers with the training, motivation, and professional leadership that inspires the dedicated Soldier to emulate their predecessors and peers in meeting required standards of performance and conduct. (3) The Army makes a substantial investment in training, time, equipment, and related expenses when persons enter into military service. Separation prior to completion of an obligated period of service is wasteful because it results in loss of this investment and generates a requirement for increased accessions. Consequently, attrition is an issue of significant concern at all levels of responsibility within the Reserve Components of the Army. Reasonable efforts should be made to identify Soldiers who are likely to be separated early, and to improve their chances for retention through counseling, retraining, and rehabilitation prior to initiation of separation proceedings. Soldiers who do not conform to required standards of conduct and performance and Soldiers who do not demonstrate potential for further military service should be separated to avoid the high costs of continued service in terms of pay, administrative efforts, degradation of morale, and substandard mission performance. c. This regulation provides— (1) The authority for separation of Soldiers upon expiration of their military service obligation (MSO). (2) The authority and general provisions governing the separation of Soldiers before the expiration of their service obligation to meet the needs of the Reserve components of the Army and its Soldiers. (3) The criteria for characterizing or describing military service as being honorable, general (under honorable conditions), or under other than honorable conditions, and when the service is not characterized.
1–2. References Required and related publications and prescribed and referenced forms are listed in appendix A.
1–3. Explanation of abbreviations and terms Abbreviations and special terms used in this regulation are explained in the glossary.
1–4. Responsibilities a. The Deputy Chief of Staff, G-1 (DCS, G-1) has Army General Staff responsibility for the enlisted separation program. b. The Chief, National Guard Bureau (CNGB) has special staff responsibility for ARNGUS Soldiers. The CNGB will monitor the Army National Guard (ARNG) enlisted separations process. c. The Chief, Army Reserve (CAR) has special staff responsibility for USAR Soldiers. The CAR will monitor the USAR enlisted separations process. d. With respect to reserve enlisted Soldiers under their respective commands, the Commander, U.S. Army Human Resources Command (HRC), St. Louis Area Commanders, Commander, Reserve Officers’ Training Corps (ROTC) Cadet Command, Commander, U.S. Army Human Resources Command (AHRC-OPD-R), Commander, U.S. Army Aviation Center and Fort Rucker, Commander, U.S. Army Reserve Readiness Training Center, and Commanding
AR 135–178 • 13 March 2007 1
components. The mental status evaluation will be documented in the Soldier’s medical record on Standard Form (SF) 600 (Medical Record—Chronological Record of Medical Care). (2) The mental status evaluation for Soldiers being processed for separation under chapter 10 will be conducted by a psychologist, or master-level, licensed clinical social worker. The mental status evaluation will be documented in the Soldier’s medical record on SF 600. (3) Commanders referring a Soldier for mental status evaluation that is not required, as specified above, must comply with the provisions of DOD Directive (DODD) 6490.1, DOD Instruction (DODI) 6490.4, and AR 600-20, paragraph 5-4 b. c. Detailed information about the reasons for considering a Soldier for separation will be provided to attending medical personnel to permit a thorough understanding of the considered action. Medical personnel will not be used in an investigative capacity to determine facts relative to a Soldier’s behavior. d. Except as provided in b above, specific responsibilities and procedures for conducting medical examinations and mental status evaluations will be prescribed in pertinent regulatory guidance issued by The Surgeon General. e. Soldiers being processed for separation under those chapters cited in paragraph 1-8 a above who refuse to undergo a medical evaluation or mental status evaluation when required will be processed as follows: (1) The Soldier will be advised in writing that failure to undergo such examination or evaluation will be the basis for the separation action to proceed, despite the absence of such information. Reasonable effort should be made to furnish copies of the notice to the Soldier through personal contact by a representative of the command. If the Soldier cannot be contacted or refuses to acknowledge receipt of the notice, the notice will be sent by registered or certified mail to the most recent address furnished by the Soldier as an address for receipt or forwarding of official mail. A return receipt will be requested. The individual who mails the notification will prepare an Affidavit of Service by Mail (fig 1-1). This will be inserted in the Soldier’s personnel file together with PS Form 3800 (Receipt for Certified Mail). (2) Except for separation based on personality disorder (para 6-7 b ), when a Soldier has failed or refused to comply after notification in (1) above, or if the notification was mailed and the Soldier fails to acknowledge receipt, or to submit a reply within 30 days, separation action may be taken without a medical examination or mental status evaluation. A Soldier may not be separated based on personality disorder (para 6-7 b ) without the required psychiatric evaluation. Copies of communications remaining unanswered or returned unclaimed along with the dates and addresses will be included in the recommendations for discharge. Also, a brief description of any other means used to locate or communicate with the Soldier concerned will be included. If a board is required, these documents will be furnished to the board of officers. They will be made a part of the board proceedings. (3) Soldiers being processed for separation under paragraph 6-7 b will necessarily have already had the appropriate mental status evaluation. Accordingly, the provisions of e above apply only to medical evaluations for such Soldiers. f. Soldiers being processed for separation under those chapters cited in para 1-8 a above who refuse to undergo a medical examination, mental status evaluation, or psychiatric/psychological evaluation when required will be processed as follows: (1) The Soldier will be advised in writing that failure to undergo such examination or evaluation will be the basis for the separation action to proceed, despite the absence of such information. Reasonable effort should be made to furnish copies of the notice to the Soldier through personal contact by a representative of the command. If the Soldier cannot be contacted or refuses to acknowledge receipt of the notice, the notice will be sent by registered or certified mail to the most recent address furnished by the Soldier as an address for receipt or forwarding of official mail. A return receipt will be requested. The individual who mails the notification will prepare an Affidavit of Service by Mail (fig 1-1). This will be inserted in the Soldier’s personnel file together with PS Form 3800. (2) Except for separation based on a personality disorder (para 6-7 b ), when a Soldier has failed or refused to comply after notification in (1) above, or if the notification was mailed and the Soldier fails to acknowledge receipt, or to submit a reply within 30 days, separation action may be taken without a medical examination, mental status evaluation, or psychiatric/psychological evaluation. A Soldier may not be separated based on a personality disorder (para 6-7 b ) without the required psychiatric evaluation. Copies of communications remaining unanswered or returned unclaimed along with the dates and addresses will be included in the recommendations for discharge. Additionally, a brief description of any other means used to locate or communicate with the Soldier concerned will be included. If a board is required, these documents will be furnished to the board of officers. They will be made a part of the board proceedings.
1–9. Disposition through medical channels a. Disposition through medical channels takes precedence over administrative separation processing. b. When the medical treatment facility (MTF) commander or attending medical officer determines that a Soldier being processed for administrative separation under chapter 7 (para 7-4), 10, or 12 does not meet the medical fitness standards for retention (AR 40-501, chap 3), he or she will refer the Soldier to a Medical Evaluation Board (MEB) in accordance with AR 40–400, chapter 7. The administrative separation proceedings will continue, but final action by the separation authority will not be taken, pending the results of MEB. c. If the MEB findings indicate referral of the case to a physical evaluation board (PEB) is warranted for disability processing under the provisions of AR 635-40, the MTF commander will furnish copies of the approved MEB
AR 135–178 • 13 March 2007 3
proceedings to the Soldier’s General Court Martial Convening Authority (GCMCA) and unit commander. The GCMCA may direct, in writing, that the Soldier be processed through the physical disability system when action under the Uniform Code of Military Justice (UCMJ) has not been initiated, and it has been determined that— (1) The Soldier’s medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination or, (2) Other circumstances of the individual case warrant disability processing instead of further processing for administrative separation. d. The authority of the GCMCA to determine whether a case is to be processed through medical disability channels, or under administrative separation provisions, will not be delegated. e. The GCMCA’s signed decision to process a Soldier through the physical disability system will be transmitted to the MTF commander as authority for referral of the case to a PEB. Copies of the GCMCA’s decision will be furnished to the unit commander and will be included in the administrative separation proceedings. The unit commander will suspend processing of the administrative separation action pending the PEB. If the Soldier is found physically fit, the administrative separation action will be resumed. If the Soldier is found physically unfit, the administrative separation action will be abated.
Section II Authority to Order and Accomplish Separation
1–10. Authority to order separation prior to expiration of service obligation Except where approval by Headquarters, Department of the Army (HQDA) is required, the following officials are authorized to convene administrative separation boards as required, and to order separation under this regulation. The separation authority delegated to commanders by this regulation will not include the authority to discharge a Soldier under court-martial sentence that includes a dishonorable or bad conduct discharge, prior to the completion of appellate review, unless the discharge is directed by HQDA. a. For ARNGUS Soldiers: State Adjutants General. b. For USAR Soldiers: (1) The Commander, U.S. Army Human Resources Command–St. Louis (CDR, HRC–St. Louis) for Soldiers under his or her jurisdiction serving in the Individual Mobilization Augmentee (IMA) program, or assigned to the Individual Ready Reserve (IRR), the Standby Reserve, or the Retired Reserve. (See para 1-13). (2) Area commanders (see glossary) for Soldiers attached or assigned to troop program units (TPUs) of the Selected Reserve within their jurisdiction. An area commander may delegate authority to order separations and convene administrative separation boards under this regulation for separation of Soldiers within the jurisdiction of that com- mander to any subordinate general officer commander who has a Staff Judge Advocate or legal advisor. (3) When authorized by the State Adjutant General, or the USAR officials cited in (1) or (2) above, unit command- ers may order discharge in accordance with paragraph 5-3 for immediate reenlistment under the provisions of AR 140- 111 or National Guard Regulation (NGR) NGR 600-200, as appropriate. (4) Commander, ROTC Cadet Command, for cadets enrolled in the Senior ROTC and assigned to Control Group (ROTC). Authority to separate cadets for purposes of appointment (para 5-5), or disenrollment from the ROTC program (para 5-6), may be delegated to professors of military science. (5) Commander, U.S. Army Human Resources Command (AHRC-OPD-R); Commander, U.S. Army Aviation Center and Fort Rucker; and Commander, U.S. Army Reserve Readiness Training Center, are authorized to order the discharge of a warrant officer candidate (WOC) concurrent with the candidate’s appointment as a warrant officer (para 5-5). (6) Commanding General, U.S. Army Recruiting Command (USAREC), for Soldiers in the Delayed Entry Program (DEP) (chap 15, sec II), the Reserve Delayed Entry Program (RDEP), and the Delayed Training Program (DTP). Commanding General, USAREC, may delegate to the commander of a U.S. Army Recruiting Battalion (RBN) separation authority for DEP, RDEP, and DTP Soldiers under that commander’s jurisdiction. An RBN commander may also void enlistments (para 7-2 c (2)(e)) of Soldiers under the commander’s jurisdiction.
1–11. Authority to order separation of Soldiers having more than 18 but fewer than 20 years of qualifying service for retired pay a. A Soldier having completed 18 but fewer than 20 years of qualifying service for retired pay (Title 10, Section 12732, United States Code (10 USC 12732)) will not be involuntarily separated without the approval of the Secretary of the Army or his designated representative. All recommendations for involuntary separation of Soldiers in this category will be sent to HQDA (para 1-12) for consideration. b. Cases involving voluntary separation at the request of the Soldier need not be referred to HQDA for approval.
1–12. Referrals to HQDA Cases requiring approval by HQDA, to include the Army Secretariat, will be referred to the following:
4 AR 135–178 • 13 March 2007
to offer the instructions to a Soldier serving as an IMA in a non-drilling status. However, the instruction will be presented to enlisted Soldiers assigned to Selected Reserve units of the ARNGUS and the USAR and to drilling IMA Soldiers. It will be given— a. On initial assignment to the IMA duty position or Selected Reserve unit or within 3 months thereafter. b. During the annual orientation of the Soldier’s service obligations and participation requirements in accordance with AR 135-91, paragraph 4-4. c. When a Soldier’s conduct or performance warrants counseling in accordance with paragraph 2-4.
1–19. Recording The DA Form 2-1 (Personnel Qualification Record—Part II) of each Soldier receiving instructions in the benefits of receiving an honorable characterization of service on discharge during the annual orientation (para 1-18 b ) will be annotated in item 19 (Specialized Training) as follows: “Bfts of Hon Disch (date).”
Section IV Bars to Reenlistment
1–20. General As set forth in paragraph 1-21 below, commanders will initiate discharge proceedings against Soldiers who have received a local bar to reenlistment in accordance with AR 140-111, chapter 1, or NGR 600-200, chapter 7. Discharge action is not based on the imposition of a bar to reenlistment, but rather on the conduct which forms the basis(es) for the bar.
1–21. Discharge initiation and processing a. If the unit commander does not recommend that the bar be removed at the time of the second 6-month review of a locally imposed bar to reenlistment, he or she will process the Soldier for discharge in accordance with chapter 9, chapter 12, or another appropriate chapter of this regulation. b. “Processed for discharge” means that discharge action will be initiated and processed through the chain of command to the separation authority for appropriate action. There must be compliance with paragraph 2-4. The immediate and intermediate commanders will recommend discharge or retention and the characterization of service to be awarded (chap 2, sec III).
Section V Mobilization Asset Transfer Program
1–22. Policy a. The purpose of the Mobilization Asset Transfer Program (MATP) is to ensure sufficient trained manpower is available in the IRR of the USAR to meet the Army’s personnel requirements under conditions of full mobilization ( USC 12301(a)). To retain mobilization assets, eligible and qualified Soldiers who have a remaining statutory or contractual MSO (para 4-2) are in, or transferred or reassigned, to the IRR to complete their statutory or contractual MSO, whichever expires later. Soldiers who are not retained, transferred, or reassigned to the IRR under the separation procedures prescribed by this regulation will be discharged from the military service. b. This section and the MATP applies only to ARNGUS and USAR Soldiers who are subject to separation processing under this regulation or for the reasons in NGR 600-200 corresponding to the reasons listed below and who meet the eligibility criteria listed in paragraph 1-23, below. (1) Disenrollment from Senior Reserve Officers’ Training Corps (SROTC) or an ROTC Scholarship Program (para 5-6). (2) ROTC cadet early release (para 5-7 b ). (3) Pregnancy (para 6-3). (4) Entry level performance and conduct (chap 8). (5) Unsatisfactory participation (chap 13). (6) Secretarial plenary authority (chap 14), as determined by HQDA. (7) Failure to meet body composition standards (chap 16). c. The provisions of this section are not applicable to Soldiers being processed for separation under this regulation for reasons other than those shown in b, above.
1–23. Eligibility for the MATP a. ARNGUS. State military authorities are required to follow the procedures of NGR 600-200 in processing ARNGUS Soldiers for discharge from the ARNGUS prior to expiration of their terms of service. ARNGUS Soldiers who are discharged from the ARNG in accordance with NGR 600-200 become members of the IRR unless they are concurrently discharged from the ARNGUS and the Reserve of the Army under the procedures set forth in this
6 AR 135–178 • 13 March 2007
regulation. An ARNGUS Soldier, upon separation from the ARNGUS for any of the reasons cited in paragraph 1-22 b , is eligible for transfer to the IRR as a Reserve if he or she meets all of the following conditions: (1) The separation authority has determined the Soldier possesses the potential for useful service if ordered to AD under conditions of full mobilization. (2) The Soldier has completed initial entry training (IET) and has been awarded a military occupational specialty (MOS). (3) The Soldier has three or more months remaining on his or her statutory or contractual Reserve obligation. (4) On separation from the ARNGUS, the Soldier’s service will be characterized as honorable or under honorable conditions, or the service is described as uncharacterized. b. USAR. (1) A Soldier assigned to the Selected Reserve (TPU or IMA) who is— (a) Subject to separation proceedings for any of the reasons cited in paragraph 1-22 b , except for entry level performance and conduct (para 1-22 b (4)), and who meets all of the conditions listed in (3) below, will not be processed for separation under this regulation. The Soldier will be processed for reassignment to the IRR in accordance with AR 140-10; or (b) Processed for separation under this regulation for entry level performance and conduct (para 1-22 b (4)). The Soldier is eligible for transfer to the IRR if he or she meets all of the conditions listed in (3), below. (2) A Soldier assigned to the IRR or Standby Reserve (Active List) who is subject to separation proceedings for any of the reasons cited in paragraph 1-22 b , and who meets all of the conditions listed in (3), below, will be retained in the IRR or Standby Reserve (Active List). (3) All of the following conditions must be met: (a) The separation authority has determined the Soldier possesses the potential for useful service if ordered to AD under conditions of full mobilization. (b) The Soldier has completed IET and has been awarded an MOS. (c) The Soldier has three or more months remaining on his or her statutory or contractual Reserve obligation. (d) The Soldier’s service will be characterized as honorable or under honorable conditions, or the service will be uncharacterized if appropriate (see para 1-26 below).
1–24. Ineligible for the Mobilization Asset Transfer Program A Soldier is ineligible for retention in or transfer/reassignment to the IRR or Standby Reserve (Active List) and will be separated from military service if he or she meets any of the following criteria: a. Has not completed IET or has not been awarded an MOS. b. Has fewer than three months remaining on a statutory or contractual service obligation. c. Is administratively separated with service characterized as under other than honorable conditions, or is released from custody and control of the Army, or is dropped from the rolls. d. Is processed for separation for any other reason than those cited in paragraph 1-22 b. e. Has been determined, by the separation authority, to possess no potential for useful service under conditions of full mobilization.
1–25. Separation authority determination of mobilization potential a. Except in cases where the Soldier has no remaining statutory or contractual service obligation, or where discharge is required by paragraph 1-24, the separation authority must determine whether or not the Soldier possesses the potential to perform useful service if ordered to AD to meet mobilization requirements. The decision to order discharge, transfer, reassignment, or retention, rests with the separation authority and cannot be delegated, although the recommendations of subordinate commanders (para 3-7 and 3-8) may be considered. The separation authority’s determination will be made on a case-by-case basis and included in the decision document. b. The separation authority must exercise sound judgement and prudent discretion in the decision process. The key consideration is the need to retain trained Soldiers in the IRR for mobilization purposes. In making a decision regarding potential for future useful service, the separation authority, must give due consideration to all pertinent factors, including the positive motivation that a full mobilization may have on the Soldier, and the probable maturing effect of the passage of time, especially in the case of young Soldiers. The reason for separation is not in itself a basis for determining that a Soldier has no potential for useful service in the future. In the final analysis, the separation authority will direct discharge, in lieu of retention in, or transfer/reassignment to, the IRR or Standby Reserve (Active List), only when the circumstances of the individual case clearly indicate the Soldier has no potential for useful service under conditions of full mobilization.
1–26. Requirements on retention, transfer, or reassignment to the individual ready reserve a. The service of a Soldier retained in the IRR or Standby Reserve (Active List) under the provisions of the MATP will not be characterized.
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Figure 1–1. Format for an affidavit of service by mail
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Chapter 2
Guidelines on Separation and Characterization
Section I Separation
2–1. Scope This chapter provides general guidance, which applies when referenced under the reasons for separation in this regulation. Further guidance is set forth under the specific reasons for separation in chapters 4 through 16.
2–2. Guidance a. There is a substantial investment in the training of Soldiers enlisted in the Army. As a general matter, reasonable efforts at rehabilitation should be made prior to initiation of separation proceedings. b. Unless separation is mandatory, the potential for rehabilitation and further useful military service, will be considered by the separation authority, and where applicable, the administrative separation board. If separation is warranted despite the potential for rehabilitation, consideration should be given to suspension of the separation, if authorized. c. Counseling and rehabilitative efforts are a prerequisite to initiation of separation proceedings only insofar as expressly set forth under the specific requirements for the separation. An alleged or established inadequacy in previous rehabilitation efforts does not bar separation. d. The following factors may be considered on the issue of retention or separation, depending on the circumstances of the case: (1) The seriousness of the circumstances forming the basis for initiation of separation proceedings, and the effect of the Soldier’s continued retention on military discipline, good order, and morale. (2) The likelihood of continuation or recurrence of the circumstances forming the basis for initiation of separation proceedings. (3) The likelihood that the Soldier will be a disruptive or undesirable influence in present or future duty assignments. (4) The ability of the Soldier to perform duties effectively in the present and in the future, including potential for advancement or leadership. (5) The Soldier’s rehabilitative potential. (6) The Soldier’s entire military record. This includes— (a) Past contributions to the Army, assignments, awards and decorations, evaluation ratings, and letters of commendation. (b) Memorandum of reprimand or admonition, counseling records, records of nonjudicial punishment, records of conviction by court-martial and records of involvement with civilian authorities. (c) Any other matter deemed relevant by the board or the separation authority. This may include specialized training, duties, and experience of persons entrusted by this regulation with making recommendations or decisions on separation or retention. (d) Adverse information from a prior enlistment or period of military service only when such information would have a direct and strong probative value in determining whether separation is appropriate. This would include records of nonjudicial punishment and convictions by court-martial. Such information ordinarily will be used only in those cases involving conduct repeated over an extended time or in cases resulting from a bar to reenlistment. In unusual situations, conduct from a prior enlistment that does not constitute a pattern of conduct that is manifested over an extended period of time, may be considered in determining whether retention or separation is warranted. An example is where a single incident of misconduct occurring in the prior period of service, by itself, warrants separation and the officials in the Soldier’s chain of command neither knew, nor reasonably should have known, of the conduct at the time the Soldier reenlisted. (e) Isolated incidents and events that are remote in time normally have little probative value in determining whether administrative separation should be effected. (f) Criminal history information from personnel security investigative (PSI) reports requested within the first 90 days of a Soldier’s initial enlistment may be used to support separation proceedings initiated under chapter 7 (Fraudulent Enlistment and Fraudulent Entry). Use of PSI reports in connection with all other separation proceedings is prohibited unless specific authorization is granted in accordance with AR 380-67, paragraph 10-100. Requests for such authoriza- tion may be submitted case by case through command channels to HQDA, ARNGUS, NGR-ARP/OCAR, DAAR (para 1-12).
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