Officer Transfers and Discharges - Army Publishing Directorate ...

Officer Transfers and Discharges - Army Publishing Directorate ... Officer Transfers and Discharges - Army Publishing Directorate ...

19.06.2013 Views

Figure 4–7. Sample format for discharge in lieu of elimination proceedings (Substandard performance of duty and/or misconduct, moral, or professional dereliction, or in the interest of national security) 86 AR 600–8–24 12 April 2006

Chapter 5 Miscellaneous Types of Separations Section I Scope 5–1. Overview This chapter prescribes disposition and procedures concerning miscellaneous types of separations whereby an officer may be dismissed, released, separated, and discharged from AD. In addition it provides procedures whereby officers on AD or retired may be dropped from the rolls of the Army. 5–2. Authority The final decision concerning acceptance of all requests for separation under this chapter will be made by HRC or HRC–St. Louis (as appropriate). a. The Secretary of the Army will direct discharge of officers through orders. b. An officer whose discharge has been directed will be separated on the date specified in DA orders or as directed by HRC and HRC–St. Louis (as appropriate). Section II Task: Process Separation of an Officer due to Lack of Jurisdiction 5–3. Rules for processing separation of an officer due to lack of jurisdiction a. If a U.S. court or judge orders the release of an officer from AD, the CG, HRC, or CG, HRC–St. Louis (as applicable) will take the appropriate action to direct the release from military control of the officer concerned. b. Similar action will be taken on the final determination of a convening authority of a general or special courtmartial, a military judge, a president of a special court-martial, or a military appellate court that an individual is not currently a member of the Army. c. This paragraph and the appropriate SPD code from AR 635–5– 1 will be cited as the authority for separation. 5–4. Steps for processing separation of an officer due to lack of jurisdiction The steps required for processing separation of an officer due to lack of jurisdiction are as shown in table 5–1. Table 5–1 Separation of an officer due to lack of jurisdiction Step Work center Required action 1 SLDR PPAA 2 PPAA C&S When served with an order or writ, he or she immediately reports it to The Judge Advocate General, as directed per AR 27–40, paragraph 3–3. Notifies CDR, HRC–Alexandria (AHRC–OPD–A), by electronic message to include the information contained in the Advisory Report furnished to The Judge Advocate General. Section III Task: Process Discharge of Active Duty List Chaplain who Loses Professional Qualifications due to the Withdrawal of Ecclesiastical Endorsement 5–5. Rules for processing discharge of an active duty list chaplain who loses professional qualifications due to a withdrawal of ecclesiastical endorsement a. Chaplains are required to possess a valid ecclesiastical endorsement (DD Form 2088 (Statement of Ecclesiastical Certification) from an authorized Religious Organization (RO) for both initial appointment and continuation on AD. If a RO endorsing agent withdraws a chaplain’s ecclesiastical endorsement, then the officer immediately loses their chaplain status and must cease all religious activities, such as, performance of rites, ceremonies, services, pastoral counseling, and so forth. b. Once notified by the Office of the Chief of Chaplains (OCCH) of a withdrawal of ecclesiastical endorsement, a chaplain must select one of the options listed in table 5-2, step 1, below. However, if the chaplain fails to return his or her option memorandum to the OCCH within 30 calendar days from the date of official notification, then OCCH will immediately begin processing him or her for involuntary separation from AD under this section unless such separation is more appropriate for other reasons under chapter 4 (Eliminations). c. Secretary of the Army makes the final determination. AR 600–8–24 12 April 2006/RAR 19 November 2008 87

Figure 4–7. Sample format for discharge in lieu of elimination proceedings (Subst<strong>and</strong>ard performance of duty <strong>and</strong>/or<br />

misconduct, moral, or professional dereliction, or in the interest of national security)<br />

86 AR 600–8–24 12 April 2006

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!