Officer Transfers and Discharges - Army Publishing Directorate ...

Table 2–12
Involuntary release from active duty by the Department of the Army Active Duty Board
Step Work center Required action
1 PPAA
BN S–1
C&S
A field commander may recommend through channels to the GOSCA that DAADB be initiated on a
particular officer. If the GOSCA supports the DAADB action, A request will be made in writing to the
CDR, HRC—Alexandria (AHRC–OPD–A); CDR, HRC–St. Louis (AHRC–AR); TJAG; or Chief of Chaplains,
as applicable, to provide two copies each of the officer OMPF and officer record brief (ORB).
The GOSCA forwards the DAADB notification memorandum (fig 2–3), including the officer’s OMPF
and ORB, to the officer (fig 2–3).
2 SLDR Upon receipt of DAADB notification memorandum, from either HQDA or the GOSCA, completes and
forwards the acknowledgment of notification (fig 2–4) within 24 hours. Reviews data provided and forwards
rebuttal (if desired) within 30 calendar days from receipt of notification memorandum. Rebuttal
may be forwarded directly or through channels as desired by the officer. If forwarded directly, send to
the initiating office (HQDA or the initiating GOSCA) by certified mail.
3 PPAA
BN S–1
C&S
4 PPAA
ARBA
5 PPAA
(TP/TA)
When the officer forwards the rebuttal through channels, commanders may review. Documents, comments,
or recommendations will not be added. The last endorser will forward the rebuttal by certified
mail to the initiating office (HQDA or the initiating GOSCA). The initiating officer will consider the officer’s
rebuttal and either close the case and notify the officer, or forward the case with the officer’s rebuttal
(if submitted) to the CDR, HRC–Alexandria (AHRC–OPD–A).
CDR, HRC (AHRC-OPD-A) forwards AD board action, officer’s rebuttal and officer’s OMPF to ARBA.
ARBA conducts DAADB. Secretary of the Army’s designee, generally the DASA–RB, determines
whether officer will be retained or released.
Upon receipt of separation instructions, processes officer for separation. When the officer desires an
early release, has the officer complete the memorandum as shown at figure 2–5 and places it in the
officer’s MPF as a permanent document. Final release orders and forms will cite regulatory authority
and SPD as shown in AR 635–5–1.
Section XV
Task: Process Involuntary Release from Active Duty due to Civilian Criminal Conviction
2–29. Rules for processing involuntary release from active duty due to civilian criminal conviction
a. Under the provisions of 10 USC 12312, as implemented by DODI 1332.40, an RC officer on AD who is
convicted and sentenced to confinement in a Federal or State penitentiary or other correctional institution for a period
of more than one year or for a crime of moral turpitude (including, but not limited to, child abuse, incest, indecent
exposure, soliciting prostitution, embezzlement, check fraud, and any felony or other offense against the mores of
society), and whose sentence has become final, may be REFRAD by the Secretary of the Army or their designee.
b. When an officer on AD is convicted and sentenced to confinement in a Federal or State penitentiary or other
correctional institution for a period of more than one year or for a crime of moral turpitude, and the convicted officer’s
sentence has become final, the GCMCA of the convicted officer may consider the officer for REFRAD under this
paragraph. If the GCMCA decides to initiate a recommendation to REFRAD the convicted officer, the GCMCA will
also consider whether the respondent should instead be eliminated under paragraph 4-2 or dropped from the rolls
(DFR) under paragraph 5-15 of this regulation. If the GCMCA recommends that the respondent should not be
eliminated or dropped from the rolls, but merely considered for REFRAD, the GCMCA will make a written recommendation
to that effect, addressing the respondent’s potential for future service. If the GCMCA determines that
elimination, DFR or some other disposition is warranted, the initiating officer need not make any recommendation
regarding REFRAD.
c. If the GCMCA decides to recommend the convicted officer for REFRAD, the GCMCA will notify the officer
concerned in writing using the format shown in Figure 2-6. The notice to the officer will include documentation
establishing that the conviction and sentence are final. The officer will acknowledge receipt of the notice in writing
within 24 hours. The officer will be afforded the assistance of a member of the Judge Advocate General’s Corps, or he
may choose to retain a civilian counsel at no expense to the Government. The officer will be afforded 30 days to
provide a written response to the recommendation of the GCMCA. The officer may waive in writing the assistance of
counsel and the opportunity to make a response.
d. If, after receiving the officer’s response and obtaining the advice of his Staff Judge Advocate, the GCMCA
decides to recommend the REFRAD of the officer, the GCMCA will forward to the Commander, HRC, his initial
notice to the officer and attachments, the officer’s response, if any, and his recommendation. The GCMCA will provide
a copy of his recommendation to the convicted officer. In the case of a judge advocate, chaplain, or medical or nurse
corps officer, the GCMCA will forward the action through TJAG, the Chief of Chaplains, or the Surgeon General, as
appropriate, for their recommendation. The Commander, HRC, and in appropriate cases TJAG, the Chief of Chaplains,
or the Surgeon General, will provide a copy of their recommendations to the convicted officer. No other documents,
AR 600–8–24 12 April 2006
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