PERS-832 ENLISTED SEPARATIONS BRANCH

2. PERS-832ENLISTED SEPARATIONS BRANCH

3. What is Administrative Separation? • Voluntary: Request initiated by service member • mutual agreement; not a right • Involuntary: Military equivalent of being fired • Does not constitute punishment (i.e. NJP, Court Martial)

4. Purpose of Administrative Separation • Maintain standards • Encourage Honorable service • Protect rights of individual • Balance accession/training costs vs. cost of retaining

5. Types of Administrative Separations • NON-ADVERSE • Involuntary discharge for “favorable” reasons • Personality disorder, parenthood, physical or mental conditions, physical fitness assessment failure • Voluntary Discharge • Pregnancy, hardship, alien, selective changes in service obligation, education • ADVERSE • Involuntary discharge for “unfavorable” reasons • Misconduct, drug abuse, alcohol rehab failure, in lieu of court-martial (voluntary), fraudulent enlistment, homosexual conduct

6. Two Basic Procedures 1. Notification Procedures (paperwork only; no hearing) • Warranted by offense, the least favorable characterization is a General • Sailors over 6 years always have a right to a board • Sailors less than 6 years have a right to GCMCA review (Flag Officer) 2. Admin Board Procedures (formal hearing) • Required for all mandatory reasons (except alcohol rehab failure) • When offense could warrant an OTH

7. Adverse Reasons for Processing • Misconduct • Serious Offense • Civilian Conviction • Pattern of Misconduct • Minor Disciplinary Infractions • Entry Level Performance and Conduct • Unsatisfactory Performance • Fraudulent Enlistment • Drug Abuse • Homosexual Conduct

8. Adverse Reasons for Processingcont. • Alcohol Abuse Rehab Failure • FAP Rehab Failure • Supremacist or Extremist Conduct • BIOTS (not always adverse, may be voluntary/involuntary)

9. Mandatory Processing(MPM 1910-233) • Homosexual conduct (statement, act, marriage) • Serious offense (aggravating circumstances 1, 2 or 3) • Civilian conviction (aggravating circumstances 1 or 2) • Drug abuse • Participation in extremist or supremacist activity • Alcohol rehab failure (notification procedures) • When CNPC directs ADSEP processing • Physical fitness assessment failure • FAP Rehabilitation Failure

10. Commission of a Serious Offense(MPM 1910-142) • What is a serious offense? • Violation of punitive article of UCMJ • Civilian or Military offense • May be separated if: • Offense warrants separation • Punitive discharge is maximum punishment per Appendix 12 MCM • Can go straight to adsep...no mast or Court Martial required • Can use notification procedures if OTH not warranted • Some cases require mandatory processing and an admin board must be offered

11. Civilian Conviction(MPM 1910-144) • May be separated if: • Civilian conviction or equivalent (deferred prosecution) • Misconduct is a serious offense or member receives six months or more confinement • All civil convictions (federal, state, local) but not foreign court convictions • Conviction is binding: board only makes recommendation on retention/separation and characterization of discharge • Foreign court conviction allows processing but not discharge • Can use notification procedures if OTH not warranted • Some cases require mandatory processing and an admin board must be offered

12. Drug Abuse“ZERO TOLERANCE” (MPM 1910-146) • Offenses include: use/possession/paraphernalia/trafficking • Based on urinalysis, admission, eye witness, or other proof • Mandatory processing • Civilian or Military jurisdiction • Normally admin board procedures • OTH in most cases • Notification procedures for command directed urinalysis (one not based on probable cause or random in nature)

13. When is Drug Abuse not Drug Abuse? (MPM 1910-142) • Offenses include: use of controlled substance analogues (designer drugs), natural substances (e.g., fungi, excretions), chemicals (e.g., chemicals wrongfully used as inhalants), propellants, and/or a prescribed or over-the-counter drug or pharmaceutical compound, with the intent to induce intoxication, excitement, or stupefaction of the central nervous system as defined in SECNAVINST 5300.28D. The following are examples but are not all inclusive nor is processing under this instruction limited to the examples: Spice, Huffing, and natural substances such as Salvia Divinorum and Mushrooms.

14. When is Drug Abuse not Drug Abuse? Continued (MPM 1910-142) • Offenses include: Drug paraphernalia. • The wrongful use of controlled substances including the misuse of steroids must be processed under MPM 1910-146. • Mandatory processing • Civilian or Military jurisdiction • Normally admin board procedures • OTH in most cases

15. Alcohol Rehab Failure (MPM 1910-152) • MANDATORY PROCESSING • Inability or refusal to participate in treatment • Subsequent incident/failure of aftercare/2 or more DUIs in a career • discreditable involvement w/civil authorities • public/domesticdisturbance • IMPACT is no longer treatment • PERS-832 can grant waiver • Characterization based on service record review • Process for all reasons (i.e. civilian conviction if DUI)

16. What is binding on Administrative Boards(MPM 1910-514) • When processing includes (1) any court-martial conviction; (2) a civilian conviction, or finding tantamount to a finding of guilty by a civil court system; or (3) an approved diagnosis of a medical officer; • The board may not render its own findings because these matters have already been judicially/medically determined to have occurred.

17. Findings and Recommendations (MPM 1910-518) • Board Makes Three Decisions: • 1. Is basis for separation supported by evidence of record (“Did he/she do it?”) • Binding on the Navy *Unless board failed to recognize the “overwhelming weight of the evidence” or fraud/collusion occurred on behalf of the respondent • 2. Retention/separation/suspended separation • Only a recommendation to separation authority • 3. Characterization • Recommendation (Honorable, General, OTH) • Can be upgraded on review; but not downgraded

18. Separation “Decision” Authority(MPM 1910-704) • SPCMCA • Notification Procedures Used ** Member can request Flag Officer review • Admin board recommends General or Honorable • In lieu of trial by Court Martial (UA > 30 days) • GCMCA • Admin board recommends OTH or retention • In lieu of trial by Court Martial

19. Separation “Decision” Authority(MPM 1910-704) • BUPERS/SECNAV • Hard or sensitive cases may be referred to NPC • Homosexual conduct (NPC) • Over 18 years of service (CNP) • Misconduct due to Court Martial conviction; no punitive discharge; OTH characterization (SECNAV) • BIOTS (SECNAV) • Board finds misconduct, recommends separation, command wants to retain (CNP) • Board finds basis, recommends retention, command wants to separate (SECNAV)

20. Fleet Reserve Eligibility (MPM 1910-166) • Active Duty • If over 20 years -- may request transfer to Fleet Reserve in lieu of adsep processing • If over 30 years -- may request transfer to the Retired List • SECNAV has discretion to transfer in reduced paygrade(s) • Command endorsement mandatory • Refusal: process for administrative separation • board makes recommendation on retirement pay grade

21. Denial of Reenlistment(MPM 1616-030) • Additional tool vice adsep • If member objects to CO’s decision not to reenlist, command must forward to PERS-832 for review and decision • Forward denial with members response • Must provide adequate documentation

22. Enlisted Separations/Security Branch (PERS-832) POC’S DSN: 882-XXXX • Deputy Branch Head • (PERS-832B): 901-874-4427 • Enlisted Favorable Separations Section Head • (PERS-832C): 901-874-4439 • Enlisted Unfavorable Separations Section Head • (PERS-832D): 901-874-4432 • Family Advocacy Matters • (PERS-83CC): 901-874-2092

23. Officer Performance and SeparationsBranch (PERS-834) POC’s • DSN: 882-XXXX • Branch Head • (PERS-834) 901-874-4424 • Officer Performance Section • (PERS-834C) 901-874-2090 • Unfavorable Officer Separations Section • (PERS-834D) 901-874-2089/2088 • Favorable Officer Separations Section • (PERS-834F) 901-874-2085/2083