Military Justice 101 - Part III
(Page 5)
Alcohol Abuse Rehabilitation Failure. A member who has been referred to a program of rehabilitation for drug and alcohol abuse may be separated for failure through inability or refusal to participate in, cooperate in, or successfully complete such a program in the following circumstances: (1) There is a lack of potential for continued military service; or (2) Long term rehabilitation is determined necessary and the member is transferred to a civilian medical facility for rehabilitation.
Misconduct. A member may be separated for misconduct when it is determined that the member is unqualified for further military service by reason of one or more of the following circumstances:
- Minor Disciplinary Infractions. A pattern of misconduct consisting solely of minor disciplinary infractions. If separation of a member in entry-level status is warranted solely by reason of minor disciplinary infractions, the action should be processed under Entry-Level Performance and Conduct.
- A pattern of Misconduct. A pattern of misconduct consisting of (a) discreditable involvement with civil or military authorities or (b) conduct prejudicial to good order and discipline.
- Commission of a Serious Offense. Commission of a serious military or civilian offense if in the following circumstances: (1) The specific circumstances of the offense warrant separation; and (2) A punitive discharge would be authorized for the same or a closely related offense under the Manual for Courts-martial.
- Civilian Conviction . Conviction by civilian authorities or action taken
that is tantamount to a finding of guilty, including similar adjudications
in juvenile proceedings, when the specific circumstances of the offense warrant
separation, and the following conditions are present: (1) A punitive discharge
would be authorized for the same or a closely related offense under the Manual
for Courts-martial or (2) The sentence by civilian authorities includes confinement
for 6 months or more without regard to suspension or probation.
Separation processing may be initiated whether or not a member has filed an appeal of a civilian conviction or has stated an intention to do so. Execution of an approved separation is usually withheld pending outcome of the appeal or until the time for appeal has passed, but the member may be separated before final action on the appeal upon request of the member or upon direction of the Secretary concerned.
Characterization of service for misconduct will normally be Under Other Than Honorable Conditions, but characterization as General (under honorable conditions) may be warranted for those with outstanding military records. Characterization of service as Honorable for Misconduct Discharges is not authorized unless the respondent's record is otherwise so meritorious that any other characterization clearly would be inappropriate. (Such as Medal of Honor recipients).
Security. When retention is clearly inconsistent with the interest of national security, a member may be separated by reason of security and under conditions and procedures established by the Secretary of Defense in DoD 5200.2-R. Characterization is based on the service record and performance of the respondent.
Unsatisfactory Participation in the Ready Reserve. A member may be separated for unsatisfactory participation in the Ready Reserve under criteria established by the Secretary concerned under DoD Directive 1215.13. Characterization of service or description of a separation is based on the service record and the requirements of DoD Directive 1215.13 (reference (p)).
Weight Control Failure. A member may be separated for failure to meet the weight control standards established under DoD Directive 1308.1, when it is determined that the member is unqualified for further military service, and the member is not medically diagnosed with a medical condition that precludes or interferes with weight control. Members with a medically diagnosed condition that precludes or interferes with weight control may be separated either through medical channels, if appropriate. Separation processing may not be initiated until the member has been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. Characterization of the discharge will normally be Honorable, unless characterization of service as General (under honorable conditions) is warranted by the military records.
These are the most common reasons for involuntary separations from military service. The Department of Defense also authorizes each of the military services to establish additional reasons for administrative discharges, based on the unique qualifications of the particular service.
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