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Officer Transfers and Discharges - Army Publishing Directorate ...

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(1) The officer has been sentenced to death or imprisonment for more than 6 months, regardless of whether the<br />

sentence was suspended.<br />

(2) Regardless of actual sentence imposed, the officer has been convicted of an offense for which a sentence of<br />

more than 6–months of confinement is authorized by the Manual for Courts-Martial, United States, appendix 12.<br />

(When the offense is not listed in the Maximum Punishments Chart or not closely related to an offense listed, the<br />

maximum punishments authorized by the United States or District of Columbia Code (whichever is less) will apply.)<br />

b. HRC–Alex<strong>and</strong>ria (AHRC–OPD–A) will make final determination as to the officer’s disposition <strong>and</strong> provide<br />

separation instructions or guidance for further processing under chapter 4 (whichever applies) to the CONUS ACOM/<br />

ASCC/DRU.<br />

5–14. Steps for processing the separation of an officer due to conviction by foreign tribunal<br />

The steps required for processing the separation of an officer due to conviction by foreign tribunal are as shown in<br />

table 5–6.<br />

Table 5–6<br />

Processing separation due to conviction by foreign tribunal<br />

Step Work center Required action<br />

1 PPAA<br />

BN S–1<br />

C&S<br />

2 PPAA<br />

BN S–1<br />

C&S<br />

3 PPAA<br />

(TP/TA)<br />

The OCONUS ACOM/ASCC/DRU forwards to CDR, HRC–Alex<strong>and</strong>ria (AHRC–OPD–A), a report of an<br />

officer who is convicted after final action has been taken by foreign authorities. The report will contain—<br />

a. A recommendation as to administrative discharge or other disposition.<br />

b. A copy of the official United States observer’s report of trial or a transcript of the trial, if obtainable.<br />

c. <strong>Officer</strong>’s name, grade, social security number, branch, <strong>and</strong> organizational assignment.<br />

d. Alleged offense (includes all pertinent facts <strong>and</strong> circumstances).<br />

e. Name of court, date, <strong>and</strong> place of trial.<br />

f. Offense(s) of which found guilty, sentence imposed, <strong>and</strong> whether suspended.<br />

g. Matters in mitigation, extenuation, or aggravation.<br />

h. Appellate action, if any, <strong>and</strong> results.<br />

i. Whether further action is possible or recommended.<br />

The OCONUS ACOM/ASCC/DRU, when HRC authorizes an officer’s discharge in a foreign country,<br />

informs the United States diplomatic mission in the country of such action.<br />

Upon receipt of separation instructions, takes action to separate the officer.<br />

Section VIII<br />

Task: Process an <strong>Officer</strong> who is Dropped from the <strong>Army</strong> Rolls<br />

5–15. Rules for processing an officer who is dropped from the <strong>Army</strong> rolls<br />

a. Under 10 USC 1161 <strong>and</strong> 12684, the Secretary of the <strong>Army</strong> or their designee (that is, CG, HRC or designee) may<br />

drop any commissioned officer from the rolls of the <strong>Army</strong> who—<br />

(1) Is not entitled to receive retired pay <strong>and</strong> has been found guilty by civil authorities of any offense <strong>and</strong> sentenced<br />

to confinement in a Federal or State penitentiary or correctional institution <strong>and</strong> their sentence has become final.<br />

(2) Has been AWOL for at least 3 months.<br />

(3) Is deprived of retired pay under title 5, USC, chapter 83, subchapter II.<br />

b. An RA warrant officer who has not been commissioned may not be dropped from the rolls under (1) or (2),<br />

above.<br />

c. Comm<strong>and</strong>er, HRC–Alex<strong>and</strong>ria (AHRC-OPD–A), will issue separation instructions to drop the officer from the<br />

<strong>Army</strong> rolls, when appropriate.<br />

d. Comm<strong>and</strong>er, HRC–St. Louis (AHRC–AR), must release USAR AGR officers from AGR status.<br />

5–16. Steps for processing an officer who is dropped from the <strong>Army</strong> rolls<br />

The steps required for processing an officer who is dropped from the <strong>Army</strong> rolls are as shown in table 5–7.<br />

AR 600–8–24 12 April 2006/RAR 19 November 2008<br />

91

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