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