Officer Transfers and Discharges - Army Publishing Directorate ...
Officer Transfers and Discharges - Army Publishing Directorate ...
Officer Transfers and Discharges - Army Publishing Directorate ...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
(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