Officer Transfers and Discharges - Army Publishing Directorate ...
Officer Transfers and Discharges - Army Publishing Directorate ...
Officer Transfers and Discharges - Army Publishing Directorate ...
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Section VI<br />
Task: Process Resignation for the Good of the Service in Lieu of General Court-Martial<br />
3–13. Rules for processing resignation for the good of the Service in lieu of general court-martial<br />
a. An officer may submit a resignation for the good of the Service (RFGOS) in lieu of GCM under the following<br />
circumstances (cannot submit unqualified resignation):<br />
(1) Court-martial charges have been preferred against the officer with a view toward trial by GCM.<br />
(2) The officer is under a suspended sentence of dismissal.<br />
b. The tender of a RFGOS does not preclude or suspend procedures. A convening authority will not, however, take<br />
action on the findings <strong>and</strong> sentence in such cases until the Secretary of the <strong>Army</strong> or designee has acted on the RFGOS.<br />
c. An officer under court-martial charges or under investigation with a view toward court-martial will be retained on<br />
AD until final disposition of the charges or investigation or until the officer’s RFGOS is approved.<br />
d. The comm<strong>and</strong>er will ensure that RFGOS are voluntary <strong>and</strong> that applicants are—<br />
(1) Provided the opportunity to consult with legally qualified counsel who is a member of the JAGC or a civilian<br />
counsel retained by the officer at own expense.<br />
(2) Allowed a reasonable period of time to consider requesting a RFGOS.<br />
e. A RFGOS will be expeditiously forwarded by the comm<strong>and</strong>er exercising GCM jurisdiction direct to CDR,<br />
HRC–Alex<strong>and</strong>ria (AHRC–OPD–A), as outlined in paragraph 3–4. Court-martial proceedings may be continued until<br />
action by the convening authority on the findings <strong>and</strong> sentence of the court. A convening authority will not take action<br />
in a case until the Secretary of the <strong>Army</strong> or delegate acts on the RFGOS. In the event trial is held prior to the time<br />
n o t i f i c a t i o n o f a c t i o n i s t a k e n o n t h e R F G O S , t h e c o n v e n i n g a u t h o r i t y w i l l i m m e d i a t e l y t r a n s m i t t o C D R ,<br />
HRC–Alex<strong>and</strong>ria (AHRC–OPD–A) the result of the trial, including sentence adjudged.<br />
f . T h e R F G O S a l o n g w i t h t h e o f f i c e r ’ s O M P F a n d O R B w i t h o u t r e c o m m e n d a t i o n w i l l b e f o r w a r d e d b y<br />
HRC–Alex<strong>and</strong>ria (AHRC–OPD–A) to the DASA–RB, (SFMR-RB-JA).<br />
g. When the RFGOS is not accepted, HRC–Alex<strong>and</strong>ria (AHRC–OPD–A) will return the case to the GOSCA <strong>and</strong><br />
provide copies to HRC–Alex<strong>and</strong>ria (AHRC–MSP–F) <strong>and</strong> the appropriate career management division.<br />
h. Separation instructions on approved cases will be issued <strong>and</strong> forwarded by HRC–Alex<strong>and</strong>ria (AHRC–OPD–A) to<br />
the appropriate PSC/MPD. HRC-Alex<strong>and</strong>ria (AHRC–OPD–A) will provide a copy of the separation orders to the<br />
DASA-RB, (SFMR-RB-JA).<br />
i. An officer separated under this paragraph normally receives characterization of service of Under Other Than<br />
Honorable Conditions.<br />
j. An officer who resigns for the good of the Service (regardless of the character of service received) is barred from<br />
rights under laws administrated by the Veterans Affairs based on the period of service from which the officer resigned.<br />
Exceptions are War Risk, United States Government (converted), National Service Life Insurance, or Servicemember’s<br />
Group Life Insurance (38 USC 1965).<br />
3–14. Steps for processing resignation for the good Service in lieu of general court-martial<br />
The steps required for processing RFGOS in lieu of GCM are as shown in table 3–5.<br />
Table 3–5<br />
RFGOS in lieu of general court-martial<br />
Step Work center Required action<br />
1 SLDR Submits RFGOS (fig 3–4).<br />
2 PPAA<br />
BN S–1<br />
Processes RFGOS <strong>and</strong> forwards through the same channels as court-martial actions to the comm<strong>and</strong>er<br />
exercising GCM jurisdiction.<br />
AR 600–8–24 12 April 2006/RAR 19 November 2008<br />
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