Army Regulation 135-175


  28  February  1987

  Effective date: 28  February  1987

  RAR issue date: 4  August  2011

UNCLASSIFIED

Army National Guard and Army Reserve

Separation of Officers



SUMMARY of CHANGE

AR 135-175
Separation of Officers

This rapid action revision, dated 4 August 2011—

* Implements the Don't Ask, Don't Tell Repeal Act of 2010 by deleting all references to homosexuality and separation for homosexual conduct (paras 1-5, 2-4a, 2-16b, 2-18.1a(2), and 2-32b; rescinded para 2-11g and chap 2, sec VII).

* Makes administrative changes (app A: inactive publications marked; obsolete and delete forms marked; glossary: deleted unused acronyms and corrected abbreviations as prescribed by Army Records Management and Declassification Agency).



Chapter 1
General Provisions

1-1. Purpose 

This regulation prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army.

1-2. References 

Required and related publications and prescribed and referenced forms are listed in appendix A.

1-3. Explanation of abbreviations and terms 

Abbreviations and terms used in this publication are explained in the glossary.

1-4. Policy 

a.  Reserve component (RC) officers will be separated only by—

(1)  The Secretary of the Army (SA).

(2)  Commanders specified in this regulation under conditions set forth in this and other pertinent regulations.

(3)  Commanders specified in special directives of the SA under the conditions in these directives.

(4)  In relation to paragraphs (2) and (3), above, the discharge authority delegated to commanders by this regulation will not include authority to discharge an officer under a court-martial sentence to dismissal, prior to completion of appellate review, unless the discharge authority intends the discharge to act as a remission of the conviction.

b.  Discharges or any other type of separation action terminate the individual's remaining statutory military service obligation incurred under Section 651, Title 10, United States Code (10 USC 651) or Military Selective Service Act of 1967, as amended, unless it is for the purpose of immediate reentry (the day following discharge or separation) in the same or any other military status; in the same or any other component of the Armed Forces; or of the uniformed services (para 4-7, of this regulation) of the United States. A statutory military service obligation once terminated may not again be acquired on reentry in the same or any other military status. An individual whose military service obligation is terminated may remain subject to induction through Selective Service in accordance with the rules and criteria in effect at the time.

1-5. Type of discharge certificate to be furnished 

Each officer discharged honorably or under honorable conditions will be furnished an appropriate discharge certificate, prepared as prescribed in AR 635-5. Maximum consideration of all events and circumstances leading to the discharge is essential in determining the type of discharge certificate to be furnished or recommended.

a.  The type of discharge certificate to be furnished will be based solely on the officer's behavior and performance of duty during the current period of service, when—

(1)  Actually performing active duty (AD), active duty for training (ADT), or inactive duty training (IDT).

(2)  Actively participating in or under an obligation to participate in Reserve activities, and the behavior relates directly to the officer's Reserve status.

b.  The types of discharge certificates are—

(1) DD Form 256 (Honorable Discharge Certificate).  An honorable discharge is a separation from the United States Army with honor. The issue of an honorable discharge is conditioned on proper military behavior and proficient and industrious performance of duty, giving due regard to the grade held and the capabilities of the officer concerned.

(2) General Discharge Certificate DD Form 257A (Under Honorable Conditions).  A general discharge is a separation from the United States Army under honorable conditions of an officer whose military record is not sufficiently meritorious to warrant an honorable discharge.

1-6. Effective date of separation 

The effective date will be at 2400 hours of the date of notice of discharge unless—

a.  Specifically directed otherwise by Headquarters, Department of the Army (HQDA).

b.  Directed otherwise in this regulation.

c.  Discharged by reason of entry into a different military status or civilian status with the Uniformed Services. The effective date will be the day prior to the date of entry into new status.

d.  Discharged by reason of completion of the period of obligated service. The effective date of discharge will be at 2400 hours of the date the obligated service is completed.

e.  Discharged because of reaching the maximum allowable age. The effective date of discharge will be the last day of the month in which maximum age is attained (AR 140-10).

f.  Discharged in grade of lieutenant colonel or below because the maximum years of service authorized in AR 140-10 have been completed. The effective date of discharge will be 30 days after completion of the maximum service authorized.

g.  Discharged in grade of colonel, brigadier general, or major general because the maximum years of service for grade (AR 140-10) have been completed. The effective date of discharge will be 30 days after completion of the maximum service authorized for the officer's grade or on the fifth anniversary date of appointment in the grade, whichever is later.

h.  Notwithstanding the above provisions, certain U.S. Army Reserve (USAR) officers of the Army Medical Department (AMEDD) branch may be retained as an exception to removal for length of service or maximum age (AR 140-10, chap 7, sec III).

1-7. Notification of separation 

a.  Separation for all reasons other than those in paragraph 1-7, is effective at the time the officer is notified.

b.  Notice of separation may be either—

(1)  Actual, by delivery of the discharge certificate to the member.

(2)  Constructive, when actual delivery of the discharge certificate cannot be accomplished due to absence of the member to be discharged. Receipt by the member's organization at the proper station of the order directing his/her discharge will be deemed sufficient notice. The date of receipt of the order by the member's organization and the reason why actual notice thereof was not given will be annotated on the back of the discharge order and certificate. The annotated discharge certificate and conformed copy of the order will be forwarded to the member at the address provided for that purpose. The annotated order, further reflecting date of mailing to the member, will be included in the personnel file forwarded to SPR-R, 9700 Page Boulevard, St. Louis, MO 63132-5200. If the documents mailed to the individual are returned unclaimed or undeliverable, they may be destroyed.

1-8. Mentally incompetent 

The effective date of separation of a mentally incompetent officer may be by constructive notice by delivery of the discharge certificate to the guardian, next of kin, or the superintendent of an institution in which the officer may be hospitalized.

1-9. Orders 

a.  Orders announcing discharge will be issued as shown in AR 600-8-105.

b.  A discharge order may not be revoked after its effective date, provided—

(1)  The order was published from a headquarters authorized to approve the discharge and to issue a discharge certificate (para 2-8, below).

(2)  There is no evidence that the discharge was obtained under fraudulent circumstances.

(3)  The officer concerned received actual or constructive notice of the discharge.

c.  An officer whose resignation has been accepted or whose discharge has been directed will be separated on the date specified in orders or as otherwise directed by HQDA. The date of separation, specified or directed, will not be changed without prior approval of HQDA; nor can separation orders be revoked subsequent to the specified or directed date of separation.

1-10. Notification of discharge to Selective Service System 

(Rescinded.)

1-11. Records disposition 

a.  When an officer vacates his Reserve appointment (chap 5, of this regulation) because of enlistment in the Army National Guard (ARNG), the U.S. Army military personnel records jacket and accompanying papers will be forwarded to the adjutant general of the appropriate State, Puerto Rico, the Virgin Islands, or District of Columbia.

b.  When an officer is discharged from Reserve status, his military personnel records jacket and accompanying papers, including a copy of the discharge order, will be forwarded to SPR-R, in accordance with instructions in appendix D, table D-12, 8-11.

1-12. Appeals 

a.  An officer has the right to appeal an unfavorable action under this regulation which affects his military status, as prescribed in paragraph b, below, except if—

(1)  Action was taken under the provisions of chapter 2, of this regulation.

(2)  Any other action was taken in which the officer was permitted to present his or her case before a board of officers and waived such opportunity.

(3)  Any other action in which the officer, or someone acting on his or her behalf, presented his or her case before a board of officers.

b.  An appeal will be submitted in writing by the individual concerned within 15 days of notification of adverse action. The application will state the reason for the appeal and explain the facts pertinent to his case that he feels were not fully considered, including any additional evidence he may wish to present. The appeal will be submitted for reconsideration, through channels, to the authority who originally took the final unfavorable action. If that authority does not grant the appeal, it will be forwarded as follows:

(1)  If the original final authority was the area commander, the appeal will be forwarded to the commander, U.S. Army Human Resources Command (HRC).

(2)  If the original final authority was the commander, HRC, the appeal will be forwarded to Chief, Army Reserve as final authority.

(3)  If, at the time of appeal, the officer is no longer subject to the jurisdiction of the original final authority, the appeal will be forwarded through channels to the commander, HRC.

1-13. Statutory authority 

The provisions of law stated in paragraphs a through g, below, pertain to the separation of RC officers. These provisions are sections of 10 USC, except where otherwise provided.

a.   Section 1162(a) provides for discharge of Reserve commissioned officers by the President, and warrant officers (WOs) under regulations promulgated by the SA.

b.   Section 1162(b) provides for the separation of any officer, on his request, who becomes a regular or duly ordained minister of religion.

c.  (Rescinded.)

d.   Section 1163(a) precludes the involuntary separation of officers with 3 or more years of commissioned service except on the approved recommendations of a board of officers convened by competent authority or as otherwise provided by law.

e.   Section 1163(b) provides for the dropping from the rolls of the Army of an officer who has been absent without authority for not less than 3 months; or who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a civil court and whose sentence has become final.

f.   Section 1163(c) precludes the separation of an officer for cause under conditions other than honorable unless discharged under conditions other than honorable, pursuant to—

(1)  Approved sentence of a court-martial.

(2)  Approved findings of a board of officers convened by competent authority.

(3)  Officer concerned waives such board proceedings and consents to discharge under conditions other than honorable.

g.   Section 12213 provides that an officer of the Army National Guard of the United States (ARNGUS), on withdrawal of Federal recognition, becomes a member of the Army Reserve unless he is discharged from his appointment as a Reserve of the Army.

h.   Section 3820(b) provides that an officer of the ARNGUS will be discharged as a Reserve of the Army when his Federal recognition has been withdrawn, based on the approved recommendations of a fitness or efficiency board convened under 32 USC 323 (NGR 635-101).

Chapter 2
Involuntary Separation—Army National Guard of the United States and U.S. Army Reserve Officers

Section I
General

2-1. General

This chapter prescribes the criteria and procedures governing the involuntary separation of Reserve officers of the Army when their retention is not in the best interest of the service.

2-2. Scope

The provisions of this chapter apply to—

a.  Officers of the USAR.

b.  Officers of the ARNGUS when—

(1)  Recommendations submitted by an efficiency or physical fitness board convened under 32 USC 323(b) (NGR 635-101) for withdrawal of Federal recognition are approved by the Chief, National Guard Bureau (CNGB). Further board action under this regulation following such approval is not required.

(2)  Action is directed by HQDA, on the recommendations of the CNGB, based on derogatory suitability information developed by investigations conducted in implementation of the Army Security Program. Release of such information to any State adjutant general or other ARNG personnel not in the active Federal service is prohibited (AR 380-67).

(3)  Circumstances described in paragraph 2-12, below, are applicable.

2-3. Limitation on separation

a.  Except as set forth below, the separation of an officer under the provisions of this chapter will be accomplished only on the approved recommendations of a board of officers convened by competent authority.

b.  An enlisted member serving on AD who holds Reserve officer status, who is discharged as a result of board action for one of the following reasons, may be separated from his Reserve officer status without further board actions only if such recommendation is made by the board which acted on the case as an enlisted member and such recommendation is approved by the convening authority.

(1)  200—for unsatisfactory performance, or misconduct (fraudulent entry, conviction by civil court, desertion, or absence without leave).

(2)  (Rescinded.)

(3)  10—for security reasons.

c.  An officer will be involuntarily separated without board action when the member—

(1)  Submits a resignation in lieu of involuntary separation proceedings (para 6-12, of this regulation) and the resignation is accepted by HQDA.

(2)  Has less than 3 years' commissioned service and the reason for separation is because of failure to meet the standards of a service school while attending a basic or detailed branch course due to academic or leadership deficiencies, or for disciplinary reasons (para 2-11n, below).

(3)  Is being processed for separation under paragraph 2-12, below.

d.  An officer with 20 or more years of qualifying Federal service for retired pay (AR 135-180) who is being considered for involuntary separation will be given an opportunity to elect transfer to the Retired Reserve in lieu of involuntary separation. Transfer to the Retired Reserve may not be elected when Federal recognition has been withdrawn based on the approved recommendations of a board of officers convened under 32 USC 323(b) (see para 1-13h, of this regulation).

e.  An executed bad conduct discharge or dishonorable discharge is an absolute expulsion from the Armed Forces. Accordingly, any military status the individual holds, including status as a Reserve commissioned or WO of the Army, is terminated on the execution of a bad conduct discharge or a dishonorable discharge.

f.  Notwithstanding the above provisions, an officer who is found guilty, or action is taken which is tantamount to a finding of guilty, by any Federal or State court may be released by the SA from an active status immediately when the offense involves moral turpitude, regardless of the sentence received or maximum punishment permissible under any code. The release of an officer under this provision who has completed 18 or more years of qualifying Federal service on the date the officer is found guilty, must be approved by the SA. If the finding of guilty is subsequently set aside, the officer may with his/her own consent and the approval of the SA, be returned to an active status.

2-4. Retention or separation

a.  In determining whether an officer should retain military status or be administratively separated, the member's current period of service, records of nonjudicial punishment, and any other factors that are material and relevant should be evaluated.

b.  Records of nonjudicial punishment will be considered only when—

(1)  Such records would, under the circumstances of the particular case, have a direct and strong probative value in determining whether retention or administrative separation should be accomplished.

(2)  The case involves patterns of conduct or behavior which would become manifest only over an extended period of time.

2-5. Limitations

a.  No officer will be considered for involuntary separation for the reasons in paragraph 2-10 or 2-11, below, because of conduct that has been the subject of judicial proceedings resulting in an acquittal based on the merits of the case or in an action having the same effect.

b.  No officer will be considered for involuntary separation for the reasons in paragraph 2-10 or 2-11, below, because of conduct that has been the subject of administrative involuntary separation proceedings resulting in a final determination that the member should be retained in the service. For purposes of this paragraph, an officer will be considered to have been the subject of involuntary separation proceedings only if allegations against him have been acted on (paras 2-16c or f, below) by the appropriate area commander.

c.  The limitations in paragraph a, above, do not apply when—

(1)  Substantial evidence is discovered (that was not known at the time of the original proceedings, despite the exercise of due diligence) which would probably produce a result significantly less favorable for the member at a new hearing.

(2)  The member's subsequent conduct warrants considering him for discharge. Such conduct need not independently justify the member's involuntary separation but must be serious enough to raise substantial question as to the member's potential for further useful military service. However, this exception does not permit further consideration of conduct of which the member has been absolved by a judicial body in a prior final, factual determination based on the merits of the case.

(3)  An express exemption has been granted by HQDA on a determination that, due to the unusual circumstances of the case, administrative separation should be effected.

d.  Requests for determination under paragraph c, above, together with recommendations, will be forwarded to PAT-R, 9700 Page Boulevard, St. Louis, MO 63132-5200.

e.  Under the circumstances in paragraphs (1) and (2), below, an officer who has been considered for involuntary separation but retained may again be considered for involuntary separation because of lack of proficiency or recurrent misconduct subsequent to the earlier consideration; or because of misconduct that occurred prior to that alleged in the earlier proceedings but had not been discovered earlier, despite the exercise of due diligence.

(1)  An officer who has been considered for involuntary separation for substandard performance of duty and retained may again be considered for involuntary separation for substandard performance of duty at any time 1 year after the prior case has been closed.

(2)  An officer may be considered for involuntary separation for moral or professional dereliction or in the interests of national security at any time subsequent to the closing of the prior case. The grounds for involuntary separation in the earlier case may be joined with the grounds in the later case if both actions are based on the same ground (substandard performance, moral or professional dereliction, or national security) provided the earlier involuntary separation proceeding does not include a factual determination specifically absolving the member of the allegations then under consideration. If the grounds for involuntary separation in the earlier proceedings are joined, the additional grounds considered in the subsequent proceeding need not independently justify the member's discharge but must be sufficiently serious to raise a substantial question as to the member's potential for further useful military service.

f.  Punishment resulting from trial by court-martial or under the provisions of Article 15, Uniform Code of Military Justice (UCMJ, ART. 15) for misconduct and the subsequent use of this fact in support of involuntary separation under the provisions of this regulation does not constitute double jeopardy.

2-6. Medical condition

a.  An officer will not be considered for involuntary separation under this regulation if it has been determined that, at the time of the conduct which is the basis of proceedings, the officer was unable to distinguish right from wrong and adhere to the right as a result of a mental defect, disease, or derangement. In such event, the officer will be processed under pertinent medical regulations. Further, an officer recommended for involuntary separation because of substandard performance of duty based on conduct resulting from a physical condition or nonpsychotic mental illness (exclusive of disorders of character and behavior) will also be processed under pertinent medical regulations. An officer who is not mentally capable of understanding the nature of the adverse proceedings and to assist in the defense will not be required to appear before an administrative separation board. The proceedings will be delayed until the officer recovers or the officer will be further processed under pertinent medical regulations. If an officer becomes mentally incompetent after a recommendation for involuntary separation has been submitted, the appropriate commander will immediately notify the area commander who convened the board.

b.  When an officer is being considered for administrative separation under this regulation, with no indication of mental incompetency, and the officer fails or refuses to undergo required medical examination or psychiatric evaluation when required to do so, that officer will—

(1)  Be advised, in writing, that his failure or refusal to undergo this examination or evaluation will be the basis for the board to proceed with its findings and recommendations without this information.

(2)  When appropriate, be advised that a discharge under other than honorable conditions may be received.

(3)  Be requested to acknowledge, in writing, an understanding of the situation and circumstances stated in the notification (para 1-8, of this regulation). A copy of the letter of notification and the officer's acknowledgement of understanding will be included with the board proceedings. If the officer fails or refuses to furnish this acknowledgement in writing, a notation to this effect will be made on the copy of the letter of notification. The copy of the letter, together with any mail delivery receipts, will be included with the board proceedings.

2-7. Discharge authority

a.  Except as otherwise provided in paragraphs b and c, below, HQDA will take final action on the recommendations of boards of officers and resignation in lieu of involuntary separation, based on the reasons 10 through 2-14. Area commanders will forward these cases, with the recommendations and remarks, to the Commanding General (CG), HRC (AHRC-PAP-T).

b.  The CNGB, acting for the SA, will review and approve or disapprove the findings of boards of officers convened by area commanders to determine whether or not Federal recognition of ARNGUS officers should be withdrawn because of inefficiency or physical unfitness (NGR 635-101). If the approved findings are against the officer, the CNGB will—

(1)  Withdraw the officer's Federal recognition.

(2)  Notify the appropriate State adjutant general and the area commander concerned.

(3)  Furnish one copy of the approved board proceedings and a copy of the order withdrawing Federal recognition to PAT-R.

c.  On receipt of notification of withdrawal of the officer's Federal recognition under the circumstances set forth in paragraph b, above, the CG, HRC will execute the discharge.

d.  When separation action is taken under the provisions of this chapter, the case file of the individual will be reviewed by the appointing authority to determine whether the reporting requirements set forth in AR 190-40 are applicable. When such conditions exist in an individual's case file, the report required by AR 190-40 will be submitted.

2-8. Separation procedures for officers restored to active duty by court action

Certain Reserve commissioned and WOs who have been sentenced to confinement and/or discharge by military courts may be restored to duty by subsequent action of a military or civilian court. Suspension of favorable personnel action (AR 600-8-2) and an investigation to determine whether involuntary separation action is warranted will be initiated in the cases of such officers who are released from AD to the Ready Reserve.

Section II
Reasons Which Require Involuntary Separation

2-9. General

Retention of officers substandard in performance of duty or conduct, deficient in character, or otherwise unsuited for military service cannot be justified in time of peace or war. The same standards of efficiency and conduct apply to all officers, regardless of component.

2-10. Substandard performance of duty

While not all-inclusive, existence of one of the following or similar conditions, unless successfully rebutted, authorizes involuntary separation of an officer due to substandard performance of duty. Officers discharged for any of the following reasons will be furnished an Honorable Discharge Certificate:

a.  Downward trend in overall performance resulting in an unacceptable record of efficiency or a consistent record of mediocre service indicating the officer has reached the peak of his potential.

b.  Failure to keep pace or to progress with contemporaries, such as successive promotion failure or a low record of efficiency when compared with other officers of the same grade, branch, and length or service.

c.  Failure to exercise necessary leadership or command required of an officer of his grade.

d.  Failure to perform with the technical proficiency required by the grade held.

e.  Failure to meet standards in a course of instruction at a service school due to academic or leadership deficiencies.

f.  Failure to properly discharge assignments commensurate with his grade and experience.

g.  Apathy, defective attitudes, or other character disorders, including inability or unwillingness to expend effort.

h.  Failure of a dual component member to be recommended for promotion in enlisted status, or to be selected for retention under the Active component enlisted Qualitative Retention Program.

i.  Failure to achieve satisfactory progress after participation in a medically established weight control program (see AR 600-9).

2-11. Moral or professional dereliction

While not all-inclusive, existence of one of the following or similar conditions, unless successfully rebutted, authorizes involuntary separation of an officer due to moral or professional dereliction. Officers discharged for any of the following reasons may be furnished an honorable or general discharge certificate, or other than honorable conditions discharge:

a.  Discreditable, intentional failure to meet personal financial obligations.

b.  Mismanagement of personal affairs to the discredit of the service.

c.  Mismanagement of personal affairs detrimentally affecting the performance of duty of the officer concerned.

d.  Intentional omission or misstatement of facts in official statements or records, for the purpose of misrepresentation.

e.  (Rescinded.)

f.  Acts of personal misconduct (including, but not limited to, acts committed while in a drunken or drug-intoxicated state).

g.  (Rescinded.)

h.  (Rescinded.)

i.  Intentional neglect or failure to—

(1)  Perform assigned duties.

(2)  Participate satisfactorily in required Ready Reserve training (AR 135-91, chap 6).

(3)  Comply with applicable directives to include but not be limited to—

(a)  Furnishing a current address of record. (The officer cannot be located through the address furnished.)

(b)  Maintaining a permanent residence, for mailing purposes, in the United States or its territories while traveling or residing in a foreign country other than one within the jurisdiction of an oversea commander (AR 140-1).

(c)  Having the medical examination required by AR 40-501.

(d)  Replying to official correspondence or completing administrative forms. When the follow-up action prescribed in AR 135-133 fails to locate the officer or clearly evidences willful neglect to complete the required forms or to reply to official correspondence, the appropriate commander will initiate involuntary separation action. Copies of communications remaining unanswered, or the substance thereof, with the dates and addresses, will be included in the recommendation for involuntary separation action, together with a brief description of any other means used to locate or communicate with the officer concerned. These documents will be furnished to the board of officers and will be made a part of the completed board proceedings.

j.  Conviction by civil court of a felony when no sentence to confinement results (para 3-3, of this regulation).

k.  Conviction by a foreign court, resulting in confinement or other restriction of the officer's freedom which significantly diminishes that individual's usefulness to the Army.

l.  Entry into a military service of a foreign government.

m.  Special derogatory evaluation report.

n.  Failure to meet the standards in a course of instruction at a service school due to disciplinary reasons.

o.  Conduct unbecoming an officer.

p.  When one or more of the reasons in paragraphs a through n, above is alleged and the circumstances on which they were based indicated that the reason in paragraph l, above, also is involved, it will constitute additional reason for requiring involuntary separation.

2-12. Involuntary separation of officers who do not meet the medical fitness standards at time of appointment or who are

a.  Commissioned officers of a RC who have less than 3 years commissioned service, and WOs who have less than 3 years service since accepting initial appointment in their present component, who did not meet the medical fitness standards at the time of appointment and who fail to resign (chap 6, sec V, of this regulation) may be recommended for involuntary separation. This action will be taken when the commander or professor of military science (PMS) determines that the best interest of the Government and the individual can be served by his or her discharge. If the disqualification was for HTLV-III positivity 502 (a disqualification that became effective on 1 November 1985), the officer will be involuntarily separated.

b.  An officer of a RC, regardless of length of service, who reports to AD or ADT for initial entry training on or after 1 October 1985, is confirmed positive for the HTLV-III virus or antibody 501 and who fails to resign (chap 6, sec III) will be involuntarily separated.

c.  If the basis for an involuntary separation under this paragraph is confirmed positive for the HTVL-III virus or antibody, an honorable characterization of service will be given.

2-13. In the interest of National security

Existence of acts or behavior not clearly consistent with the interests of National security requires the involuntary separation of an officer (AR 380-67).

Section III
Initiation and Processing of Involuntary Separation Actions

2-14. When involuntary separation action is appropriate

No person has an inherent right to continue service as an officer. The privilege of service is his only as long as he performs satisfactorily. Responsibility for leadership and example require effective performance of assigned duties and exemplary conduct at all times. The Army has no place for officers who cannot meet these requirements, and their involuntary separation is essential. In view of the rapidity with which hostilities can now occur and the attendant likelihood that many officers may be called to AD on short notice, the same standards of efficiency and conduct apply to officers of all RCs.

a.  Every officer deserves a fair chance to demonstrate his or her capabilities. When an officer shows ineffective tendencies, especially if they are due to inexperience, that officer will, when practicable, be given another chance under another commander. At the same time, however, the officer's ineffectiveness should be systematically recorded in documents that are specific as to the period each covers, the duties observed, and the defects noted. Any officer who has been given a fair chance and has failed to become an effective officer will be considered for involuntary separation to ensure that his ineffectiveness is not permitted to continue to affect the Army adversely.

b.  Recommendation for involuntary separation under this regulation cannot be based on empty generalities and vague impressions. It is necessary to establish with some precision the reasons why an officer is considered ineffective. Basically, this officer is one who does not get acceptable results. Inefficiency is a relative matter, hence a finite definition of the ineffective officer can never be reached. Many ineffective officers are attractive, handsome, decent, educated, honorable, intelligent and generous, and yet ineffective. It is perfectly proper to give an officer credit for his good qualities in the same letter or efficiency report which reveals his ineffectiveness as an officer. Specific reasons for failure should be documented with concrete examples in their support.

2-15. Recommendation for involuntary separation

a.  Recommendation for involuntary separation may be originated by one of the following:

(1)  A proper agency at HQDA regardless of an officer's assignment.

(2)  A commander with respect to a member of that command.

(3)  A duly constituted selection board, operating under official letter of instruction, in which the board may recommend individuals who should be involuntarily separated.

(4)  The PMS responsible for the institution where an officer is pursuing a degree may start involuntary separation action. The PMS action applies to officers commissioned through the Early Commissioning Program and the Commissioning of Completion Students Program. The PMS will send the action for Commissioning of Completion Students Program personnel to OPR-DE, 9700 Page Boulevard, St. Louis, MO 63132-5200. For Early Commissioning Program personnel, the PMS will send the action to the proper Reserve forces commander.

b.  The HQDA agencies and selection board approving authorities will send their recommendations for involuntary separation directly to the proper area commander. Commanders of officers assigned to units will send their recommendations through channels to the proper area commander.

c.  When the CG, HRC determines that sufficient basis exists to initiate involuntary separation action for officers under the jurisdictional control of that center, the procedures in paragraphs 2-16e and f(1) and (2), below, will be followed. If the whereabouts of the officer are unknown or unascertained, or if the officer refuses to accept or respond to the notification, the CG, HRC is authorized to appoint a board of officers and follow provisions of paragraphs 2-16g and 2-18, below. If the officer elects a hearing before a board of officers, the following actions will apply:

(1)  When the circumstances do not require Army investigative processes (AR 195-2), the recommendation for involuntary separation, together with correspondence, statements, records, and similar related documents will be forwarded to the area commander in whose area the officer involved is currently residing.

(2)  When circumstances indicate the need for Army investigative processes (AR 195-2), the recommendation for involuntary separation, together with correspondence, statements, records, and similar related documents will be forwarded to the area commander in whose area the incident occurred or to the responsible oversea commander requesting appropriate investigation. The area commander in whose area the incident occurred will review the report of other documents furnished by the CG, HRC and (except as otherwise provided in paragraphs 2-7b and c, above) determine appropriate action (para 2-16, below).

d.  Recommendations will clearly state the reasons for involuntary separation and will be supported by all documentary and physical evidence which can be reasonably included. With the exception of business entries and official records and reports, such as efficiency reports and health records, which are not made with a view to prosecution (see Manual for Courts-Martial, 1984, M.R.E. 803 (8)), all statements submitted, including reports of the investigation, will be under oath or affirmation unless the witness is dead, insane, or missing; or the exigencies of the service preclude obtaining a statement in affidavit form. Evidence to support a recommendation for involuntary separation must be able to stand on its own merits, adhering to one standard (substandard performance or moral or professional dereliction). Documents must be legible and lend themselves to reproduction. Copies reproduced by the thermofax process or other means which are barely legible, and nonpermanent-type reproduction will not be used.

2-16. Initial actions by area commander

The following actions may be taken by the area commander on recommendation for involuntary separation received from commanders or appropriate agencies at HQDA:

a.  The case may be returned for further evidence or a recommendation as to further action.

b.  If sufficient basis exists, the area commander may disapprove the recommendation, close the case, and return it to the initiating commander or appropriate agency at HQDA.

c.  If considered necessary and desirable, the area commander may appoint or direct the appointment of an investigating officer (AR 15-6).

d.  On receipt of the investigating officer's report, the area commander may disapprove the recommendation, close the case, and return it to the initiating commander or appropriate agency at HQDA.

e.  If it is determined that sufficient basis exists to initiate involuntary separation action, the area commander will (if the whereabouts of the officer concerned is known or may be ascertained by AR 135-133)—

(1)  Notify the officer concerned of the requirement to show cause for retention and will give the individual the reason for this requirement.

(2)  Advise the officer in the above notification, if appropriate, that he may elect to submit a resignation in lieu of involuntary separation (chap 6, sec IV and V, of this regulation); or, if eligible, elect transfer to the Retired Reserve (para 2-3d, above); or to have the case acted on by a board of officers.

(3)  Advise the officer of the requirement to acknowledge receipt of the above notification within 15 days of receipt, indicating his election on one of the above options.

(4)  When determined necessary by notifying command, notification will be sent to member by certified mail, return receipt requested.

f.  On securing the acknowledgement of receipt from the officer, notified in accordance with paragraph e, above, the area commander will, if the officer—

(1)  Elects transfer to the Retired Reserve and is otherwise eligible—process the officer's request.

(2)  Submits a resignation in lieu of involuntary separation—forward the resignation and related correspondence to HQDA (para 2-7a, above).

(3)  Elects appearance before a board or elects board proceedings but waives appearance—take necessary steps to appoint the board as prescribed in this regulation and AR 15-6.

g.  If the whereabouts of the officer are unknown and unascertained after complying with the procedures prescribed in AR 135-133; or if the officer refuses to accept or respond to the notification required by paragraph e, above, the area commander will take necessary steps to appoint a board of officers, as prescribed in this regulation and AR 15-6. A copy of the notification and either a post office receipt confirming delivery or the returned unopened envelope showing mail was refused, unclaimed, or not delivered will become part of the board exhibits. This board may proceed in the officer's absence without according the privileges listed in paragraph 2-17, below, except that counsel will be appointed to represent him in his absence.

h.  New allegations received by the area commander, supporting a recommendation for involuntary separation which has already been referred to a board of officers will, if the case has not been heard, be referred to the board of officers for consideration. If the case has already been heard and is finally closed favorably to the officer, appropriate action to initiate new proceedings may be taken, subject to paragraph 1-5, of this regulation.

2-17. Rights of the officer

a.  The following rights will be afforded the officer, except in those cases provided for in paragraph 2-16g, above. The area commander convening the board of officers will notify the officer of his right to—

(1)  Be furnished copies of the records which will be submitted to the board, and of other pertinent and releasable documents, which may be requested.

(2)  Consult with a consulting counsel (glossary).

(3)  Present his case before a board of officers at personal expense (para b(6), below applies).

(4)  Be represented at any hearing by appointed counsel for representation (glossary) military counsel of his own choice, provided such counsel is reasonably available; or civilian counsel at his own expense.

(5)  Submit statements in his own behalf.

(6)  With exception of paragraphs (1) and (2), above, waive the above rights, in writing.

(7)  Withdraw his waiver of his rights listed in paragraphs (3), (4), and (5), above, any time prior to the date the convening authority directs that his case be presented before a board of officers. The officer will be required, within a reasonable time (not less than 15 days), to consult with a consulting counsel (para (2), above) prior to waiving the rights listed in paragraphs (3), (4), and (5), above. If he elects to waive his rights, the officer will personally sign a waiver. His consulting counsel will advise him (see glossary) and will sign the written waiver as witness, indicating that he is a commissioned officer of The Judge Advocate General's Corps. If the officer refuses to consult with a consulting counsel, he will be ordered to do so by his commander. If he persists in his refusal, a statement to this effect will be prepared by the commander and included in his file. Board action will then proceed as if the officer had consulted with a consulting counsel.

b.  If the officer is unable to appear before the board because of confinement by civil authorities or other restriction resulting from his own misconduct, the area commander convening the board will advise him by certified mail (restricted delivery) of the pending board action and the fact that action has been suspended to give the officer the opportunity to exercise his right to—

(1)  Be furnished copies of the records which will be submitted to the board, and of other pertinent and releasable documents, which may be requested.

(2)  Consult by correspondence with a consulting counsel (glossary). (Consulting counsel's name and address will be included.)

(3)  Request appointment of a counsel for representation; a named military counsel, if available; or employ civilian counsel at his own expense to represent him and, in his absence, present his case before the board.

(4)  Submit statements in his own behalf.

(5)  Waive the foregoing rights, either in writing or by declining to reply to the letter of notification within 30 days from the date of receipt.

(6)  Be allowed a reasonable time to prepare his case. In no instance will he have less than 30 days from the date of notification by the area commander.

2-18. Area commander's actions on board recommendations

The following actions may be taken by area commanders on recommendations of board of officers acting on involuntary separation cases:

a.  If the area commander in his review of a case in which involuntary separation has been recommended by the board of officers notes a substantial defect, in the proceedings, he will take action as follows:

(1)  If the board has failed to make findings and recommendations, as required by this regulation, he will return the case to the same board for compliance with this regulation.

(2)  If there is an apparent error or omission in the record which may be corrected without reconsideration of the findings and recommendations of the board, he will return the case to the same board for corrective action.

(3)  If the board committed an error that materially prejudiced a substantial right of the officer, he may close the case favorably to the respondent (para 2-18.1a(2), below) or may convene a new board to hear the case. The new board may be furnished the evidence properly considered by the first board, including extracts from its records of testimony of witnesses who will not be available to testify at the rehearing. The new board may call additional witnesses. The new board may consider additional allegations, provided the respondent is advised. The new board may not make recommendations that are less favorable to the officer than those made by the initial board unless additional allegations are considered by the new board. No more than one rehearing may be directed without approval from HQDA.

(4)  Except under the circumstances in paragraphs (1) through (3), above, or by direction of HQDA, he may not reopen the proceedings.

b.  Ensure all evaluation reports required by AR 623-105 have been completed and forwarded to the appropriate agency for acceptance and inclusion in the rated officer's official military personnel file. The forwarding comment will include the report period of the last officer evaluation report that was submitted prior to forwarding of the involuntary separation action.

c.  Forward 3 copies of the board proceedings to PAT-R (para 2-7a, above). The reason for disapproval will be given when applicable.

d.  Board proceedings involving cases specified in paragraph 2-7b, above, will be prepared in triplicate and forwarded through the appropriate State adjutant general to the area commander who convened the board. The area commander will indicate his recommendation for approval or disapproval to ARP-O, Washington, DC 20310-2500. When disapproval is recommended, the reasons will be given.

2-18.1. Headquarters, Department of the Army actions on board recommendations

a.  When a board recommends the involuntary separation of an officer, HQDA (commander, HRC ) will, as appropriate—

(1)  Approve the recommendations of the board and advise the commander concerned to take necessary action to separate the officer.

(2)  Disapprove the recommendations of the board, close the case, notify the officer and, if appropriate, the headquarters agency that recommended the involuntary separation. A copy of the letter of notification to the officer will be attached to the board proceedings. The commander recommending involuntary separation will be furnished a copy of the board proceedings and information concerning the final action taken.

b.  When a board recommends retaining an officer in a military status, HQDA will approve the recommendation, close the case, notify the officer and, if appropriate, the headquarters that recommended the involuntary separation. A copy of the letter of notification will be attached to the board proceedings. The commander recommending involuntary separation will be furnished a copy of the board proceedings and information concerning the final action taken.

2-19. Prompt action

Except for any delays that may be necessary to protect the rights of respondents, involuntary separation cases will be given prompt attention and handled as expeditiously as possible.

Section IV
Boards of Officers

2-20. Mission of boards of officers

a.  These boards, convened to determine if officers will be retained in the Army, will ensure that all hearings are fair and impartial.

(1)  It is the responsibility of the Government to establish by a preponderance of evidence that officers have failed to maintain established standards for grade and branch or that their conduct has been prejudicial to National security.

(2)  (Rescinded.)

(3)  Respondents must be prepared, however, to present evidence in their own behalf before the board. Although the Government has the burden of proof as stated in paragraph (1), above, failure by a respondent to present favorable evidence could work to his detriment.

b.  (Rescinded.)

c.  Except as otherwise noted in this regulation, investigating officers and boards of officers will follow the procedures in, and be governed by the provisions of AR 15-6.

2-21. President of the board

The president of the board will—

a.  Ensure that the respondent is granted such time as is reasonably necessary to prepare and present his case. Undue delay will not be permitted and the case will be conducted as expeditiously as possible.

b.  Make necessary arrangements for securing a proper location, with an atmosphere that is consistent with the spirit and seriousness of the proceedings, and determine the date for the board to convene (not earlier than 30 days from the date the officer has received notification to show cause from the area commander) (para 2-17b(6), above).

2-22. Recorder

The recorder will—

a.  Notify the respondent, in writing, of the time and place the board of officers will be convened. This notice will be given no less than 10 days prior to the date the board is to convene.

b.  Ensure that copies of all records and documents referred to the board with the case are given to the board members. Permit access by the respondent to all releasable records and furnish copies, if requested, as far in advance of the hearing as is reasonably necessary for the respondent to prepare and present a personal case.

2-23. Composition

a.  Boards will be composed of commissioned officers, all of whom must be of equal or higher grade and senior in rank to the officer under consideration for involuntary separation.

(1)  One of the members present will be a regular Army (RA) officer, if one is available. If none is available, the appointing authority may substitute a Reserve officer who is serving on AD.

(2)  The remaining members of the board will be Reserve officers who are on AD or in an active Reserve status.

(3)  (Rescinded.)

(4)  When a board is convened to consider ARNGUS officers investigated for unsuitability (para 2-2b(2), above) to determine if their retention is warranted, at least one member of the board will be an ARNGUS officer.

(5)  One member of the board must be the same sex, and, if reasonably available, branch of service as the officer being considered.

(6)  The appointing authority may assign a Judge Advocate General Corps officer as legal advisor to each board of officers. The legal advisor will not be a member, will not vote, and will serve as an advisor only. If the officer being considered is a Judge Advocate General Corps officer, the legal advisor (if any is assigned) will be senior in rank to the officer being considered (10 USC 266(b)).

b.  A commissioned or WO will be named as the recorder in the letter appointing the board. The appointing authority may also appoint one or more officers as assistant recorder. The recorder and any assistant recorders will be without vote.

c.  The provisions in paragraphs (1) through (4), below, apply to boards of officers appointed for purposes 11 through 2-14, above.

(1) Appointment of board members.  The board of officers will be appointed by letter issued by the area commander.

(2) Oath administered.  Board members and recorder will be sworn in.

(3) Voting members of boards of officers.     

(a)  These members will be as shown in paragraphs a(1) and (2), above.

(b)  When inefficiency is involved, one member will be an officer of the same branch if reasonably available.

(c)  Chaplains, Medical, Dental, Veterinary, or Army Nurse Corps officers normally will not serve as board members, except when officers of their corps are the respondents.

(d)  An uneven number of officers (three or more) will constitute a quorum.

(e)  Only voting members may sit in closed session.

(f)  A voting member is subject to challenge for cause. The challenge will be determined by the senior unchallenged member on the board.

(4) Ineligible officers.  No officer will sit as a member of a board of officers who—

(a)  Is a witness in the case before the board.

(b)  Appeared as a witness before or sat as a member of any previous boards of officers with respect to the respondent.

(c)  Previously recommended or participated in recommendation for involuntary separation from an active status of the respondent.

(d)  Prepared a derogatory evaluation report on the respondent.

(e)  Otherwise has considered the case of the respondent.

d.  In addition to the reasons in paragraph c(4), above, a board member may be challenged for cause for any reason that indicates that he or she cannot participate in the case fairly and impartially. The legal advisor, if any, may also be challenged for any reason in paragraph c(4), above, or for any other reason that indicates that the advisor cannot participate in the case fairly or impartially.

Section V
Conduct of Hearing

2-24. Members of the board

a.  The members of the board will be asked if they are aware of any grounds which might be the basis for challenge for cause.

b.  All members of the board, voting and nonvoting, will be sworn in.

c.  The members of the board will refresh their memories as to the contents of the records, documents, and report which were furnished with the case.

2-25. President of the board

a.  The president of the board will call each session to order formally. (At each session, the time, date, place, and station will be entered in the record.)

b.  The president will explain to the respondent, the respondent's responsibilities, rights, and privileges, as follows:

(1) Personal appearance and representation.  The respondent may appear and present evidence or be represented by counsel at all open proceedings of the board of officers. The respondent will not be reimbursed for expenses incident to the appearance or assistance of civilian counsel.

(2) Request separation.  At any time prior to the final action by HQDA in the case, the respondent may—

(a)  Apply for voluntary retirement, if eligible, when being considered for involuntary separation.

(b)  Tender resignation.

(3) Challenge members.  The respondent may challenge for cause any member of the board.

(4) Availability of witnesses.  

(a)  The respondent may request the appearance of witnesses before the board whose testimony is believed to be pertinent to the case. The attendance of witnesses must be voluntary and at no expense to the Government. In the event attendance is not possible, either a deposition or an affidavit will be obtained.

(b)  The respondent will be advised of the names and addresses of witnesses expected to be called at the board hearing and that the recorder of the board will, upon request of the member, endeavor to arrange for the presence of any available witness the respondent wishes to call paragraph (a), above). A copy of all affidavits and depositions of witnesses unable to appear at the board hearing will be furnished to the member.

(5) Question witnesses.  The respondent or counsel may question any witness brought before the board.

(6) Have access to records.  At all stages of the proceedings the respondent will be allowed full access to the records of the hearing, including all documentary evidence referred to the board, except when protection of classified documents is clearly consistent with the interest of National security. In such cases, the respondent will, to the extent that the National security permits (as determined by the SA) be furnished a summary of the information contained in the documents withheld.

(7) Have knowledge of his past performance of duty.  The respondent has a right to this knowledge as it is reflected in his past evaluation reports.

(8) Copy of board proceedings.  The respondent will be given a copy of the proceedings, less classified documents, if requested.

(9) Present his personal case.  The respondent will be allowed to present his personal case without undue interference by the board. However, nonessential delaying tactics will not be tolerated.

(10) Testify or remain silent.  The respondent may testify in person or elect to remain silent; but, when electing to testify, he may be required to submit to examination by the board as to any matter testified to—but not in contravention of the UCMJ, ART 31. When electing to testify, the respondent is entitled to an explanation of his rights regarding self-incrimination and degradation under the UCMJ, ART 31.

c.  The president will administer the oath to the recorder.

d.  The president will ensure that the board members are completely familiar with the involuntary separation policy expressed in this regulation and have examined and studied available documents pertaining to the hearing concerned.

2-26. Recorder

The recorder is responsible for the actions shown below.

a.  For the proper pursuit and handling of the Government's case.

b.  At the initial session, for reading the letter appointing the board.

c.  At each session for—

(1)  Entering the record, the time, date, place, and station.

(2)  Noting for the record, the presence of members of the board, the respondent, and the respondent's counsel, if any.

d.  For verbally presenting to the board of officers a resume of the entire case, when appropriate.

e.  For administering the oath to members of the board (including the legal advisor), witnesses, and reporter.

f.  For examining and cross-examining the witnesses called by the respondent or his counsel.

2-27. Respondent

a.  Respondent and his counsel will be present at all open sessions of the board unless the respondent specifically states to the board that he desires that counsel not be present.

b.  Before the hearing is terminated, the respondent will be asked to state for the record whether he has presented all available evidence in his behalf. If answered in the negative, the respondent will be required to make a concise statement of the substance of the expected evidence. The statement and any documentary evidence referred to will be included in the record of the hearing. Thereupon, the board will determine whether the respondent will be granted additional time to procure and present such evidence.

2-28. Spectators

Spectators will not be allowed to be present during the proceedings except those specifically requested by the respondent or authorized by the appointing authority. No person who is to be called as a witness will be present as a spectator.

2-29. Witnesses

Witnesses appearing before the board will be sworn. Boards of officers may call witnesses on the board's motion.

2-30. Legal adviser

The legal adviser is prohibited from taking part in presenting the case or cross-examining witnesses. He will be present at all open sessions and may be called on to advise on admissibility of evidence, arguments, motions or other contentions of counsel, procedures, and any other matter determined appropriate by the President of the board. The legal adviser will not, under any circumstances, give advice except as provided in paragraph 2-32b, below, in a closed session of the board of officers.

Section VI
Conclusion of Hearings

2-31. Deliberation

a.  After presentation of closing arguments, the board of officers will meet in closed session. Except as provided in paragraph b, below, only the voting members of the board shall be present in closed session.

b.  Advice of legal advisor may be sought whenever necessary, but the board will be opened and the advice will be obtained in open session in the presence of the recorder, respondent, and his counsel. Such proceedings will be made a part of the record. However, after the board has determined its finding and recommendations, the board may request the presence of the legal advisor and the recorder in its closed session for the purpose of assisting the board in putting its findings and recommendations in acceptable format, and such proceedings shall be transcribed verbatim and made a part of the record.

2-32. Findings and recommendations

The board will determine its findings and recommendations by secret written ballot in closed session; a majority vote will decide any issue.

a. Findings.  The board will make separate findings with respect to each allegation whether the respondent should be retained in the Army. A brief statement of the reason(s) (including factual data when considered necessary for clarification) for each finding will be included.

(1)  Each finding must be a clear and concise statement of facts evidenced in the record or a conclusion which can be readily deduced from the evidence in the record.

(2)  Each finding must be supported by substantial evidence; which is defined as such evidence as a reasonable mind can accept as adequate to support the conclusions.

b. Recommendations.  Recommendation of the board must be appropriate to and warranted by the findings.

(1)  Boards must make their recommendations according to the best of their understanding of the rules and regulations of the Army in consonance with the policies outlined in this regulation and other appropriate regulations, and guided by their conception of justice both to the Government and to the officer concerned.

(2)  When the findings have been determined, the recommendations will be limited to the following: retention or involuntary separation.

(3)  Recommendation for involuntary separation of an officer must also include a recommendation for the type of discharge certificate (paras (a) or (b), below) or the type of discharge to be issued.

(a)  Honorable Discharge Certificate (DD Form 256).

(b)  General Discharge Certificate (under Honorable Conditions) (DD Form 257A).

(c)  Discharge (under other than honorable conditions).

2-33. Report of proceedings

The board report will be an accurate account of its proceedings. It will contain a record of testimony presented and heard and all other formal conversation which took place during any and all of the open sessions of the board. It will contain a record of any closed session which required the presence of the legal advisor and the reporter. It will include true copies or true extract copies of any and all documents used as a basis for requiring the officer to show cause and all other documents which were accepted as evidence in the case in question. These documents must be legible and lend themselves to reproduction. Copies reproduced by the thermofax process or copies reproduced by other means which are barely legible and nonpermanent type reproduction will not be used. The report will be prepared, so far as possible, in accordance with the general instructions set forth in AR 15-6, chapter 3, section III. The report will include a statement that the findings and recommendations were determined by secret written ballot in closed session.

Section VII
(Rescinded.)

.

.

Chapter 3
Dropped From the Rolls of the Army

3-1. General 

This chapter prescribes the criteria and procedures whereby the status of a Reserve officer of the Army will be terminated by dropping him from the rolls of the Army.

3-2. Scope 

a.  These provisions are applicable to officers of the USAR, including those who become members thereof by reason of withdrawal of Federal recognition from the ARNGUS for reasons outlined in paragraph 3-3, below.

b.  (Rescinded.)

3-3. Criteria for dropping from the rolls 

Officers may be dropped from the rolls of the Army for the following reasons:

a.  Absence without proper authority from scheduled unit training for at least 3 months. However, officers who can be located will not be dropped from the rolls but will be processed for involuntary separation in accordance with chapter 2, of this regulation.

b.  Sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a civil court, provided the sentence has become final, whether or not the officer is actually confined. For purposes of this regulation, a conviction is final when the time for an appeal as of right has expired or final action on an appeal has been taken.

3-4. Preparation and forwarding 

Commanders who receive information which appears to be of such nature as to warrant dropping an individual from the rolls under conditions specified in paragraph 3-3, above, will transmit such information, through channels, to the commander indicated in paragraph 3-5, below, as appropriate, for final determination. The letter will include:

a.  A detailed statement of the basis for which the individual may be dropped from the rolls.

b.  All available documentary evidence which purports to support the recommendation, and

c.  When appropriate, a certified copy of the order of the court which convicted the officer or letter from the warden of the penitentiary or correctional institution stating that the officer has been received for confinement.

3-5. Authority to drop from the rolls 

The following commanders are authorized to drop an officer under their command or jurisdiction from the rolls of the Army, except in those cases where the officer is entitled to retired pay as a result of completion of 20 years active Federal service, in which event approval of HQDA is required:

a.  Area commanders.

b.  The commander, HRC.

3-6. Procedures 

a.  The appropriate commander will issue orders dropping the officer from the rolls of the Army. Orders will be published in the format prescribed in AR 600-8-105.

b.  No official discharge certificate will be issued.

c.  (Rescinded.)

Chapter 4
Discharge of Army Reserve Officers

Section I
General

4-1. General

a.  This chapter describes conditions under which USAR officers may be discharged from their status as Reserves of the Army and prescribes criteria for discharging them.

b.  When Federal recognition of ARNGUS officers is withdrawn for reasons in paragraphs 4-4a(10) and (11), below, those officers will be discharged from Reserve status as members of the USAR, unless they are qualified and apply for transfer to the Retired Reserve.

c.  Discharge of an officer from his appointment as a Reserve of the Army also terminates membership in the USAR.

d.  Officers separated under the provisions of this chapter will be discharged under honorable conditions and issued either an Honorable or a General Discharge Certificate, as determined by the discharge authority.

e.  A member of the USAR who has at least 3 years of service as a commissioned officer may not be discharged without his consent, except under an approved recommendation of a board of officers convened by an authority designated by the SA, by the approved sentence of a court-martial, or as otherwise specifically provided by law (10 USC 1163(a)). Accordingly, the conditions and procedures which establish the basis for discharge in paragraph 4-4, below, are explained as follows:

(1)  Conditions for discharge listed in paragraph 4-4a, below, are specifically authorized by law or are conditions for which another regulation requires a board consideration of discharge. In each instance, the applicable statute or the regulation under which board action is accomplished is included in parentheses at the end of the paragraph.

(2)  An officer who has at least 3 years commissioned service and does not consent in writing to discharge, will be discharged for a condition listed in paragraph 4-4b, below, only on the recommendation of a board of officers. The board will be convened by the commander concerned and will be appointed and conduct the proceedings as prescribed in chapter 2, sections IV through VI, of this regulation. The officer will be extended the privileges listed in paragraph 2-17, of this regulation. The function of the board will be to determine whether or not the ground for discharge exists. If the board finds the ground does exist in the respondent's case, discharge must be recommended.

4-2. Authority

Except as otherwise provided in this regulation, the authority to approve discharge of an officer under this chapter is delegated as follows and may not be further delegated:

a.  Area commanders and the commander, HRC may approve discharge in those instances where it is not necessary to obtain the officer's consent and in those instances where the officer consents in writing to discharge when otherwise a board would be required.

b.  When an officer's consent is required and that consent is not given, area commanders are authorized to take final action on board findings and recommendations to include those cases referred to them by the commander, HRC.

Section II
Discharge Criteria

4-3. General

(Rescinded.)

4-4. Removal from an active status

a.  Members of the Army Reserve will be removed from an active status for any of the reasons in paragraphs (1) through (18), below, with or without the officer's consent regardless of the length of commissioned service (AR 140-10). Removal will be by discharge, transfer to the Retired Reserve (if eligible and requested by the member) or, if eligible, transfer to control group (inactive).

(1) Medical unfitness.  When found to be medically unfit to perform AD (10 USC 1004), except when the officer—

(a)  Has been approved for continuance in an active status under the provisions of AR 40-501.

(b)  Has incurred a disability in the line of duty and is eligible for processing under the provisions of pertinent medical regulations.

(2) Maximum age.  Attaining maximum allowable age, as prescribed in AR 140-10 (10 USC 1003 and 1164).

(3) Length of service.  Completion of maximum authorized years of service as prescribed in AR 140-10 (10 USC 3848 and 3851).

(4) Failure to qualify for promotion from warrant officer one to warrant officer two.  When a warrant officer one (WO1), who has completed his statutory military service obligation, fails to qualify for promotion to WO2 (AR 135-155).

(5) Nonselection for promotion after second consideration.  An officer in the grade specified below, who has completed his statutory military service obligation, will be discharged for failure to be selected for promotion after second consideration by a DA RCs selection board.

(a)  A chief warrant officer two or chief warrant officer three (135-155).

(b)  A first lieutenant, captain, or major (AR 135-155) (10 USC 3846).

(6)  Failure to earn sufficient retirement points for retention. (Rescinded.)

(7) General officers ceasing to occupy commensurate positions.  A general officer (not on AD) who ceases to occupy a position commensurate with his grade or higher grade is required to be removed from an active status within 30 days from the date he ceases to occupy such position (10 USC 3375). Discharge will be accomplished when he—

(a)  Submits an election for discharge within 30 days from the date he ceases to occupy commensurate position, or

(b)  Fails to submit an election under AR 140-10 within a reasonable period of time after he is required to be removed from an active status.

(8) Selection for removal from an active status.  When a WO or commissioned officer in the grade of colonel or below with 20 years or more of qualifying service for retired pay is recommended by a board of officers for removal from an active status and the SA approves the recommendation (10 USC 3850).

(9) Exemption from involuntary AD.  On the approved recommendations of a board of officers that an officer should be exempted from involuntary AD and that he should be discharged (AR 601-25).

(10) Lack of required qualifications for retention in the ARNG.  When the Federal recognition of an ARNG officer is withdrawn by reason of lack of required qualifications for retention in the ARNGUS of the appropriate State (10 USC 3820 and 32 USC 323(b)).

(11) Withdrawal of Federal recognition for failure to retire technical waiver.  When the Federal recognition of the ARNGUS officer is withdrawn for failure to retire technical waiver (NGR 600-100, 10 USC 3820, and 32 USC 323(b)).

(12) Nonavailability of Standby Reserve officer.  When a nonavailable Standby Reserve officer continues to be unavailable for active duty 12 months after initiation of general mobilization (AR 601-25).

(13) Failure to complete a basic branch course.  Officers appointed on or after 1 December 1969 as a result of completion of ARNG or USAR Officer Candidate School, and direct appointees who fail to complete a branch course within 36 months of effective date of appointment (AR 140-10).

(14) Failure to complete military educational requirements.  Effective 1 July 1972, when an officer fails to complete the military educational requirements in AR 135-155, table 2-2 (AR 140-10).

(15) Nonacceptance of assignment by nonobligated officer.  Any nonobligated officer member of the individual ready reserve (IRR) who refused to accept assignment to a USAR unit, individual mobilization augmentation assignment or attachment to a USAR unit (AR 140-10).

(16) Failure to apply for transfer to the Retired Reserve on removal from active status.  An officer who is removed from active status for any reason listed above will be discharged if he is eligible and fails to apply for transfer to the Retired Reserve within 30 days from the date he is advised that he is being removed from active status.

(17) Failure or refusal to provide mailing address.  Any noncitizen officer who, at the time of release from AD, fails or refuses to give a mailing address within the United States, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone.

(18) Failure of Judge Advocate General's Corps officers to become educationally qualified within specified time limits.  Judge Advocate General's Corps officers who fail to satisfy the educational qualification requirements of AR 27-1 within the time limits prescribed in AR 135-100 will have their commissions terminated (in cases of USAR officers) and their commissions terminated and their Federal recognition withdrawn (in cases of ARNG officers). The Judge Advocate General may grant an exception to this automatic termination provision provided the commander concerned recommends such exception and sufficient cause is shown.

b.  An officer will be discharged for any one of the reasons in paragraphs (1) through (9), below, without his consent if he has less than 3 years of commissioned service, or with his consent if he has at least 3 years of commissioned service. If an officer who has at least 3 years of commissioned service does not give his consent, discharge will be accomplished only on the approved recommendations of a board of appointed officers, as prescribed in paragraph 4-1e, above.

(1)  (Rescinded.)

(2)  (Rescinded.)

(3) Loss of ecclesiastical endorsement.  On withdrawal of ecclesiastical endorsement, other than for cause, of a chaplain unless he is qualified, applies for, and receives approval of a branch transfer (AR 140-10).

(4) Chaplain candidates, appointed and assigned to staff specialist branch (SSI 00A).  A chaplain candidate, so appointed and assigned, pending his eligibility for assignment to chaplain branch, will be discharged as shown in paragraphs (a) and (b), below, unless he is qualified and receives approval of a branch transfer (AR 140-10).

(a)  On withdrawal of ecclesiastical endorsement.

(b)  On withdrawal from the seminary in which he was enrolled prior to completing the course of instruction and failure to enroll in another recognized seminary within a period of 1 year. As an exception to this discharge provision, Reserve Officers' Training Corps (ROTC) graduates who are appointed staff specialists (SSI 00A) and fail to complete their courses of instruction will be ordered to AD or ADT and to serve in the USAR in the branch in which they were originally commissioned on completion of ROTC training.

(c)  For failure to apply for assignment to the chaplain branch (via appointment or branch transfer, whichever is appropriate) within 3 years after graduation and ordination (Eligibility for such assignment includes ecclesiastical endorsement.)

(5) Loss of license or disbarment from professional practice.  An officer of the professional service in the Medical, Dental, or Veterinary Corps as well as those specialists allied to medicine or an officer in the Judge Advocate General's Corps whose license is terminated or is otherwise disbarred from practice, will be discharged under the provisions of this chapter, unless the circumstances warrant involuntary separation action (chap 2, of this regulation).

(6) Employment with a foreign government.  Unless prior written approval is obtained from the Assistant Secretary of the Army (Manpower and Reserve Affairs) and the Department of State, an officer who is not receiving retired pay will be discharged by reason of acceptance of civil employment with a foreign government agency or instrumentality of the foreign government whether or not compensation is received (AR 600-291).

(7) Administrative separation.  Officers who are determined administratively unfit to perform military duty by appropriate military authority based on objective evidence of such unfitness (for example, medical evaluation made pursuant to AR 40-501, 32.2, or 3-32.3), will be discharged. Board action is not required in those instances involving commissioned officers who have less than 3 years commissioned service.

(8) Failure to complete eligibility requirements for appointment.  Officers appointed under special programs prior to completing their eligibility requirements for the appointment and who subsequently failed to complete these requirements may be discharged. (AR 135-101, para 1-5g).

(9) Failure to receive a favorable background investigation and/or national agency check.  Officers who have been commissioned through accelerated processing procedures but whose entry on AD is delayed pending completion of residency or internship and who subsequently do not receive a favorable background investigation and/or national agency check will be discharged.

4-5. Removal from the inactive status list of the Standby Reserve

An officer will be discharged by reason of removal from this list when his removal is required (AR 140-10), unless he is eligible for transfer to an active status or is eligible and applies for transfer to the Retired Reserve.

4-6. Failure to qualify for promotion to first lieutenant

An officer in the grade of second lieutenant who has completed the required statutory military service obligation will be discharged on being considered but not recommended for promotion by the appropriate commander on or before the date on which the officer completes 3 years of promotion service (10 USC 3819).

4-7. Bona fide conscientious objectors

See AR 600-43.

4-8. Incompatible status

a.  An officer will be discharged for the following reasons, contingent on acceptance of his conditional resignation (chap 6, sec II, of this regulation):

(1)  On acceptance of appointment in one of the following uniformed services:

(a)  The United States Public Health Service, including the RCs thereof.

(b)  The Environmental Science Services Administration.

(2)  On enlistment or acceptance of appointment with another Armed Force, including the RCs thereof. The term"Armed Force" includes the following uniformed services under the conditions in paragraphs (a) and (b), below.

(a)  The United States Public Health Service when it is designated as a military service (Sec. 216, Act of 1 July 1944 (58 Stat 690; 42 USC 217)).

(b)  The Environmental Science Service Administration when it is transferred to the Army or Navy in time of war (Sec. 16, Act of 22 May 1917 (40 Stat 87; 33 USC 855)).

b.  Effective date of discharge will be the date preceding the date officer executes oath for enlistment or appointment in the new status.

4-9. Regular Army warrant officer promotion nonselection after second consideration

An RA WO holding an appointment as a Reserve commissioned officer of the Army who is separated or retired as a result of having been twice nonselected for promotion to the next higher permanent WO grade will be discharged from his commissioned status on the same date on which he is separated or retired (AR 600-8-24) unless he is eligible and applies for transfer to the Retired Reserve in his commissioned grade. In this event, he will be separated only from his warrant status (10 USC 564).

4-10. Removal from the temporary disability retired list

An officer with no remaining statutory military service obligation who is found physically fit to perform military duties on removal from the temporary disability retired list will be discharged if he elects not to accept reappointment on removal from this list (AR 135-100).

4-11. Pregnancy or childbirth

Female officers who are pregnant or who have given birth to a living child during their present appointment will not be involuntarily released except when action under chapter 2, of this regulation, is warranted. They may request discharge; transfer to Retired Reserve, if eligible, except that female officers who incur an AD obligation as a result of a Federally subsidized program are eligible for discharge or transfer to Retired Reserve under provisions of this paragraph only after completion of the required period of AD.

a.  This request for removal will be submitted in the format shown in figure 4-1. (See AR 135-91, chap 4, sec V.)

b.  This request will be forwarded either to the area commander or to the commander, HRC for final action.

c.  Leave of absence will be granted in accordance with AR 135-91, paragraph 4-25.

d.  A resignation accepted under this paragraph will be under honorable conditions. An Honorable Discharge Certificate (DD Form 256) or General Discharge Certificate (DD Form 257A) will be furnished based on the officer's military record during period of service from which she is being separated.

e.  If it has been determined by physician that a pregnancy has been terminated by other than a live birth, the officer may withdraw request for removal.





Figure 4-1. Format for request for removal from active status or discharge (pregnancy or childbirth)


Chapter 5
Vacation and Revocation of Appointment

5-1. General 

a.  This chapter outlines the conditions under which an officer of the ARNGUS or USAR automatically vacates his appointment as a Reserve of the Army because of entry into another military status which is incompatible with his Reserve status at the time of such entry.

b.  Administrative action is not required to accomplish automatic vacation of appointment. However, for record purposes only, a letter of notification of vacation of appointment will be issued in accordance with the format in figure 5-1, except when vacation of appointment is the result of promotion to the next higher grade. Such letters will be issued by the appropriate area commander, or the commander, HRC.

c.  No formal discharge certificate will be issued.

d.  The appointment as a Reserve officer of the Army is vacated effective the date immediately preceding the date the officer enlists, or executes oath of office for appointment, in the new military status. Under these conditions, the ARNGUS officer does not become a member of the Army Reserve.





Figure 5-1. Format for vacation of Reserve appointment


5-2. Conditions under which appointment is automatically vacated 

The Reserve appointment of any officer is automatically vacated under the conditions outlined below, except where specifically limited to an ARNGUS or USAR officer, commissioned or warrant.

a.  An officer automatically vacates his Reserve appointment when he accepts an appointment as a cadet or midshipman for entrance into the United States Military, Naval, Air Force, or Coast Guard Academy.

b.  A commissioned officer vacates his Army Reserve appointment when he—

(1)  Accepts an RA appointment in a commissioned grade.

(2)  Accepts a promotion to a higher Reserve grade.

(3)  Enlists as a Reserve for service in the ARNGUS or USAR.

c.  A USAR commissioned officer vacates his Reserve appointment when he—

(1)  Accepts Federal recognition as a Reserve of the Army for service in the ARNGUS.

(2)  Accepts an appointment as a Reserve of the Army, in the warrant officer grade, for service in the Army Reserve.

(3)  Retires as an RA enlisted person and is transferred in such enlisted status to the Army Reserve (Retired) (10 USC 3914) (AR 635-200).

(4)  Enlists as a Reserve of the Army for service in the ARNGUS or USAR.

(5)  (Rescinded.)

d.  A USAR WO vacates his Reserve appointment when he—

(1)  Accepts an RA appointment as a warrant or commissioned officer.

(2)  Accepts a Reserve appointment in a commissioned grade for service in the Army Reserve.

(3)  Enlists as a Reservist for service with either the ARNGUS or USAR.

(4)  Accepts an appointment as a Reserve of the Army for service in the ARNGUS.

5-3. Revocation of appointment 

When it is found that a Reserve commissioned or WO was appointed in error, the appointment will be revoked. The officer will be notified by letter (fig 5-2).





Figure 5-2. Format for revocation of appointment


Chapter 6
Resignations

Section I
General

6-1. General

This chapter prescribes the means and procedures governing the submission of resignations which may be submitted by Reserve officers of the Army.

6-2. Scope

The provisions of this chapter apply to ARNGUS and USAR officers, except where such provisions are specifically limited to USAR officers. Voluntary requests for resignation under this regulation may be accepted only from a member who is mentally competent at the time he submits such request. For determination as to medical conditions, provisions of paragraph 2-6, of this regulation, will apply.

6-3. Procedures

a.  Resignations will be prepared in accordance with the appropriate format prescribed in figures 1 through 5, below, and will include the following information:

(1)  Officer's present assignment and attachment, if any.

(2)  Reason(s) for submission of resignation.

(3)  Documentary evidence, when appropriate, to substantiate given reason(s) for submission of resignation.

b.  Resignations will be submitted through appropriate military channels to the commander authorized to take final action thereon. In those instances where final action is restricted to HQDA, the resignation will be forwarded by the appropriate commander together with remarks and recommendations to PAP-SS.

c.  Obligated officers who have not performed their required period of AD or ADT. An obligated officer who has not performed his required period of AD or ADT may submit a conditional resignation; however, it will be accepted only under very exceptional circumstances involving national health, safety, or interest.

Section II
Conditional Resignations

6-4. General

a.  Officers may submit a conditional resignation in accordance with format in figure 6-1 to obtain a conditional release for any one of the following purposes:

(1)  To apply for appointment in—

(a)  A regular component of another Armed Force.

(b)  The Regular or RC of the U.S. Public Health Service.

(c)  The Environmental Science Services Administration.

(2)  To apply for enlistment in a Regular or RC of another Armed Force.

b.  Applications for appointment in a RC of another Armed Force will be submitted and processed in accordance with AR 140-10. Discharge will be accomplished as set forth in paragraph 4-8, of this regulation.





Figure 6-1. Format for conditional tender of resignation


6-5. Authority to accept conditional resignations

Area commanders and the commander, HRC are authorized to accept conditional resignations submitted by officers under their command or jurisdictional control, as outlined in paragraph 6-6, below.

6-6. Criteria for conditional resignations

Conditional resignations may be accepted only under the conditions outlined below.

a. Nonobligated officers.  A conditional resignation must be accepted from a nonobligated officer on his application, except under the conditions outlined in paragraph b, below.

b. Obligated officers who have performed their required period of AD or ADT.  An obligated officer who has performed his required period of AD or ADT may be granted a conditional release under the following conditions to apply for:

(1)  Enlistment or appointment in a regular component of another Armed Force.

(2)  Appointment in the regular component of the U.S. Public Health Service or in the Environmental Science Services Administration.

(3)  Appointment in the RC of the U.S. Public Health Service provided the officer has special experience or professional, educational, or technical background which is clearly of greater use to the gaining service and which outweighs the value of his previous training.

c. Obligated officers who have not performed their required period of AD or ADT.  An obligated officer who has not performed his required period of AD or ADT (glossary) may submit a conditional resignation; however, it will be accepted only under very exceptional circumstances involving national health, safety, or interest.

6-7. Processing conditional resignations

Conditional resignations will be processed expeditiously in accordance with the provisions outlined below.

a.  Conditional resignations from obligated officers who have not performed their required period of AD or ADT will be forwarded as set forth in paragraph 6-3b, above.

b.  Conditional resignations submitted by officers, other than those outlined in paragraph a, above, will be processed through channels to the appropriate commander who will inform the officer of the action taken as follows:

(1)  If accepted, the officer will be furnished a signed official statement that his conditional resignation is accepted and will become effective on his acquisition of new status in another Armed Force or in the Uniformed Services.

(2)  If not approved, the resignation will be returned to the officer together with a statement showing reasons for nonacceptance.

Section III
Unqualified Resignations

6-8. General

This section provides for means and procedures governing the submission of unqualified resignations as Reserve officers of the Army and the conditions under which such resignations may be accepted.

6-9. Authority to take final action

a.  The HQDA reserves the authority to take final action on unqualified resignation submitted by obligated officers, except as otherwise provided in paragraphs b(2) and (3), below. All such resignations will be forwarded as set forth in paragraph 6-3, above.

b.  Authority to take final action on unqualified resignations submitted by officers specified below is delegated to the appropriate area commander and the commander, HRC.

(1)  A nonobligated officer.

(2)  An obligated officer who is a chaplain.

(3)  An obligated officer when his resignation is based on religious reasons (para 6-10a(2), below).

6-10. Criteria for unqualified resignations

The following circumstances provide the basis and will be used as a guide in determining final action on unqualified resignations.

a. Obligated Officer.  Normally, an obligated officer will not be permitted to resign his office until such time as the obligated period of service is completed, except as otherwise provided below.

(1)  The HQDA may approve acceptance of a resignation in cases involving extreme compassionate circumstances; or, when such action is deemed to be in the best overall interest of the officer and the Army.

(2)  A resignation will be accepted when submitted by an officer who—

(a)  Is a chaplain.

(b)  Becomes a regular or duly ordained minister of religion.

(c)  Must be separated from his military status for the purpose of obtaining ordination to take final vows in a religious order.

b. Nonobligated officers.  Resignations submitted by nonobligated officers may be accepted, except under the conditions outlined below:

(1)  The officer is under investigation or charges, being considered for administrative involuntary separation, in the hands of civil authorities, insane, or in default with respect to public property or public funds.

(2)  In time of war or national emergency declared by Congress.

(3)  When HQDA, by separate instructions, restricts the acceptance of such resignations due to national emergency proclaimed by the President or under other conditions which may necessitate such action (for example, peacetime expansion of the Active Army).

6-11. Procedures

a.  Resignations will be submitted in accordance with the format in figure 6-2.

b.  Resignations submitted by obligated officers based on religious reasons will be substantiated by appropriate documentary evidence specified below.

(1)  A statement from the appropriate authority of the church, religious sect, or organization that the individual has met the requirements for recognition as a regular or ordained minister of religion.

(2)  A statement from an appropriate authority of the local organization or congregation, which the military member serves, that the member is employed full-time in a religious occupation, as a minister of religion (see consolidated glossary).

(3)  A statement from appropriate authority of the religious order that as a divinity student the military member—

(a)  Is fully qualified and acceptable for further religious training.

(b)  Must be separated from military status for further theological education or processing into the religious order or organization.

(c)  If separated, will be eligible for ordination or recognition as a minister on or about a specified date.

(4)  A statement from the seminary or other educational institution in which the religious training is now or will be received that the individual is now or will be, concurrent with discharge, a full-time divinity student preparing for the ministry.

c.  Confirmation of acceptance of resignation will be announced in accordance with the orders format prescribed in AR 600-8-105.





Figure 6-2. Format for an unqualified resignation


Section IV
Resignation in Lieu of Involuntary Separation

6-12. General

a.  An officer who has been notified of being considered for involuntary separation may submit a resignation at any time prior to final action taken on the board proceedings.

b.  Commanders will ensure that there is no element of coercion in connection with a resignation in lieu of involuntary separation and that the officer concerned is allowed at least 10 days after notification of impending involuntary separation to make a personal decision when resignation is contemplated.

c.  A resignation will automatically suspend involuntary separation action pending final action on the resignation.

6-13. Authority to take final action on resignations in lieu of involuntary separation

The authority to take final action on resignations in lieu of involuntary separation is restricted to HQDA (para 2-7a, of this regulation).

6-14. Procedures

a.  The resignation of an officer whose case falls within the purview of AR 380-67 (interests of the National security) will be processed as specified in that regulation.

b.  Except as otherwise provided in paragraphs a, above, and c, below, the resignation of an officer under consideration for involuntary separation for substandard performance of duty (para 2-10, of this regulation) will be submitted in the format in figure 6-3.

c.  The resignation of an officer under consideration for involuntary separation for moral or professional dereliction (para 2-11, of this regulation) or in the interest of National security (para 2-13, of this regulation) will be submitted in the format indicated in figure 6-4.

d.  Resignations will be processed as set forth in paragraph 6-3b, above. The type of discharge will be determined by HQDA.

e.  The commander, HRC will accomplish administrative separation of officers, under the jurisdictional control of that center, whose resignation in lieu of involuntary separation has been accepted by HQDA.





Figure 6-3. Format for resignation in lieu of involuntary separation proceedings if for substandard performance of duty







Figure 6-4. Format for resignation in lieu of involuntary separation proceedings for moral or professional dereliction or in the interests of National Security


Section V
Resignation of Personnel Who Do Not Meet the Medical Fitness Standards at Time of Appointment

6-15. General

Reserve component commissioned officers who have less than 3 years commissioned service and RC warrant officers who have less than 3 years service since accepting initial appointment in their present component, who did not meet the medical fitness standards when accepted for appointment but met the medical standards for retention, may submit a resignation under this section.

6-16. Procedures

Eligibility for resignation under this section will be governed by the following:

a.  A medical board finding that the individual has a medical condition which—

(1)  Would have permanently disqualified the member for entry into the military service had it been detected at the time of acceptance for appointment.

(2)  Does not disqualify the member for retention in the military service under the provisions of AR 40-501, chapter 3.

(3)  Was not service-aggravated. However, a service-aggravated condition which does not disqualify for retention under AR 40-501, chapter 3, does not preclude eligibility for resignation.

b.  Resignation must be submitted within the time frame indicated in paragraph 6-15, above.

6-17. Preparation and forwarding

Resignation will be prepared in accordance with figure 6-5 and forwarded with the medical board proceedings through appropriate channels to the commander, HRC for determination.





Figure 6-5. Format for resignation for failure to meet the medical fitness standards at time of appointment


6-18. Discharge certificate issued

An Honorable Discharge Certificate (DD Form 256) will be issued.





Figure 1-1. Example of statement of nonavailability and appointment of counsel


Appendix A
References

The Official Army Publications Web Sites.

Publication Section I
Required Publications

AR 15-6. Procedure for Investigating Officers and Boards of Officers   (Cited in paras 2-16c, 2-16f(3), 2-16g, 2-20c, and 2-33.)

AR 27-1. Judge Advocate Legal Services   (Cited in para 4-4a(18).)

AR 40-501. Standards of Medical Fitness   (Cited in paras 2-11i(3)(c), 4-4a(1)(a) and b(7), and 6-16a.)

AR 135-91. Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures   (Cited in paras 2-11i(2) and 4-11a and c.)

AR 135-100. Appointment of Commissioned and Warrant Officers of the Army   (Cited in paras 4-4a(18) and 4-10.)

AR 135-133. Ready Reserve Screening, Qualification Records System, and Change of Address Reports   (Cited in paras 2-11i and 2-16e and g.)

AR 140-10. Assignments, Attachments, Details, and Transfers   (Cited in paras 1-6, 4-4a and b, 4-5, and 6-4b.)

AR 190-40 (inactive). Serious Incident Report   (Cited in para 2-7d.)

AR 195-2. Criminal Investigation Activities   (Cited in paras 2-15c(1) and (2).)

AR 380-67. The Department of the Army Personnel Security Program   (Cited in paras 2-2b(2), 2-13, and 6-14a.)

AR 600-8-2. Suspension of Favorable Personnel Actions (Flags)   (Cited in para 2-8.)

AR 600-8-105. Military Orders   (Cited in paras 1-9a, 3-6a, and 6-11c.)

AR 600-9. The Army Weight Control Program   (Cited in para 2-10i.)

AR 600-43. Conscientious Objection   (Cited in para 4-7.)

AR 600-291. Foreign Government Employment   (Cited in para 4-4b(6).)

AR 601-25. Delay in Reporting for and Exemption from Active Duty, Initial Active Duty for Training, and Reserve Forces Duty   (Cited in paras 4-4a(9) and (12).)

AR 623-105 (inactive). Officer Evaluation Reporting System   (Cited in paras 2-18b.)

AR 635-5. Separation Documents   (Cited in para 1-5.)

NGR 600-100. Commissioned Officers—Federal Recognition and Related Personnel Activities   (Cited in para 4-4a(11).)

NGR 635-101. Efficiency and Physical Fitness Boards (Modifies 6.)   (Cited in paras 1-13h, 2-2b(1), and 2-7b.)

Publication Section II
Related Publications

A related publication is a source of additional information. The user does not have to read it to understand this regulation.

AR 135-155. Promotion of Commissioned Officers and Warrant Officers Other Than General Officers  

AR 135-180. Qualifying Service for Retired Pay Nonregular Service  

AR 140-1. Mission, Organization, and Training  

AR 600-8-24. Officer Transfers and Discharges  

AR 635-200. Active Duty Enlisted Administrative Separations  

DODI 1332.14. Enlisted Administrative Separations  

DODI 1332.30. Separation of Regular and Reserve Commissioned Officers  

Publication Section III
Prescribed Forms

This section contains no entries.

Publication Section IV
Referenced Forms

DA Form 3822-R (obsolete). Report of Mental Status Evaluation  

DD Form 256A. Honorable Discharge Certificate  

DD Form 257A (obsolete). General Discharge Certificate (Under Honorable Conditions)  

DD Form 794A (obsolete). +Discharge Certificate (Under Other Than Honorable Conditions)  

PS Form 3800 (delete). Receipt of Certified Mail  

SF Form 88 (obsolete). Report of Medical Examination  

SF Form 93 (obsolete). Report of Medical History  

Glossary

Section I

Abbreviations

AD

active duty

ADT

active duty for training

AGR

active guard reserve

AIT

advanced individual training

AMEDD

Army Medical Department

ARCOM

Army Reserve Command

ARNG

Army National Guard

ARNGUS

Army National Guard of the United States

ART

Article

AT

annual training

BT

basic training

CCSP

Commissioning of Completion Students Program

CG

commanding general

CNGB

Chief, National Guard Bureau

DA

Department of the Army

DODD

Department of Defense directive

DODI

Department of Defense instruction

FTNGD

full-time national guard duty

GOCOM

U.S. Army Reserve General Officer Command

HQDA

Headquarters, Department of the Army

HRC

U.S. Army Human Resources Command

IADT

initial active duty for training

IDT

inactive duty training

IRR

individual ready reserve

MUSARC

major U. S. Army Reserve command

MUTA

multiple unit training assembly

NGR

National Guard regulation

PMS

professor of military science

RA

regular Army

RC

reserve component

ROTC

Reserve Officers' Training Corps

SA

Secretary of the Army

Stat

statute

TDA

table of distribution and allowances

TOE

table of organization and equipment

TPU

troop program unit

UCMJ

Uniform Code of Military Justice

USAR

U.S. Army Reserve

USC

United States Code

WO

warrant officer

Section II

Terms

(The following terms have been tailored to fit specific regulations as indicated and as such may not be completely applicable to other regulations. AR 310-25 is the official Dictionary of United States Army Terms.)

Active Army

a.  The Active Army consists of (1) regular Army (RA) soldiers on AD; (2) ARNGUS and USAR soldiers on AD except as excluded below; (3) ARNG soldiers in the service of the U.S. pursuant to a call; and (4) all persons appointed, enlisted, or inducted into the Army without component.

b.  Excluded are soldiers serving on (1) active duty for training (ADT); (2) active guard reserve (AGR) status; (3) active duty for special work; (4) temporary tours of active duty for 180 days or less; and (5) AD pursuant to the call of the President (10 USC 12302).

Active duty

Full-time duty in the active military service of the United States. As used in this regulation, the term is applied to all ARNGUS and USAR soldiers ordered to duty under 10 USC, other than for training. It does not include AGR personnel in a full-time national guard duty (FTNGD) status under 32 USC.

Active duty list

An order of seniority list (required by 10 USC 620) of commissioned officers on AD in the U.S. Army other than those listed below (10 USC 641).

a.  Reserve officers.

(1) On ADT.

(2) On AD under 10 USC 175, 265, 3015, 3019, 3033, and 3496, or 32 USC 708.

(3) On AD under 10 USC 672 or 32 USC 502 or 503 in connection with organizing, administering, recruiting, instructing, or training the RCs.

(4) On AD to pursue special work.

(5) Ordered to AD under 10 USC 12302, or

(6) On AD under 50 USC App 460(b)2 for the administration of the Selective Service System.

b.  The Director of Admission, Dean, and permanent professors at the United States Military Academy. The Registrar, Dean, and permanent professors at the United States Air Force Academy.

c.  Warrant officers

d.  Retired officers on AD.

e.  Students at the Uniformed Services University of the Health Sciences.

Active duty credit

Soldiers who are credited with completing 2, 3, or 4 years of AD when they serve to within 90 days of the 2-, 3-, or 4-year periods.

Active guard reserve

The ARNGUS and USAR personnel serving on AD under 10 USC 672 and ARNG personnel serving on FTNGD under 32 USC 502(f). These personnel are on FTNGD or AD (other than for training or AD in the Active Army) for 180 days or more for the purpose of organizing, administering, recruiting, instructing, or training the RCs and are paid from National Guard personnel, Army or Reserve personnel, Army or Reserve personnel Army appropriations. Exceptions are personnel ordered to AD as—

a.  General officers

b.  United States Property and Fiscal Officers under 32 USC 708.

c.  Members assigned or detailed to the Selective Service System serving under the Military Selective Service Act, (50 USC App 460(b)(2)).

d.  Members of the Reserve Forces Policy Board serving under 10 USC 175.

e.  Members of RCs on AD to pursue special work (10 USC 115(b)(1)(B)(vi) and 10 USC 641(1)(D)).

Active status

The status of an ARNGUS or USAR commissioned officer, other than a commissioned WO, who is not in the inactive ARNG, in the Standby Reserve (inactive list), or in the Retired Reserve.

Active service

Service on AD or full time National Guard duty.

Administrative board procedure

An administrative separation action wherein the respondent will have a right to a hearing before a board of commissioned, warrant, or noncommissioned officers. It is initiated in the same manner as the Notification Procedure. (AR 135-178)

Administrative separation

Discharge or release from expiration of enlistment or required period of service, or before, as prescribed by the Department of the Army (DA) or by law. If a basis for separation includes a continuous unauthorized absence of 180 days or more, the consulting counsel will advise the soldier that a discharge under other than honorable conditions is a conditional bar to benefits administered by the Veterans Administration, not-withstanding any action by a Discharge Review Board. Separation by sentence of a general or special court martial is not an administrative separation.

Administrative separation board

A board of officers, or officers and noncommissioned officers, appointed to make findings and to recommend retention in or separation from the service. The board states the reason and recommends the type of separation or discharge certificate to be furnished.

Applicant

a.  A person who applies voluntarily for reenlistment in the USAR and is found eligible. A participant in the USAR-AGR Program is considered an applicant on signing a completed DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army).

b.  A member of the RA, ARNG, ARNGUS, or USAR who applies voluntarily for order to AD or full-time National Guard duty in the AGR Program.

Appointed counsel for consultation

Can be defined as either paragraph a or b, below.

a.  A qualified counsel who is a commissioned officer of the Judge Advocate General's Corps who is appointed to consult with and advise, at the outset of any initiated involuntary separation proceedings, an individual being processed for separation under chapter 2, section II, of this regulation. This officer will advise the individual concerning the basis for his or her contemplated separation and its effect, the rights available to him or her, and the effect of any action taken in waiving such rights. The consulting counsel may advise the individual regarding the merits of the contemplated separation action when, in his or her professional judgement, such advice is appropriate. The consulting counsel should, however, inform the individual that he or she cannot represent him or her before a board of officers unless he or she is also appointed as counsel for representation. Communications between the individual and consulting counsel regarding the merits of the separation action are privileged communications between the attorney and client.

b.  A qualified counsel who is a commissioned officer of the Judge Advocate General's Corps who is appointed to consult with and advise, at the outset of any initiated involuntary separation proceedings, and individual being proceedings, an individual being processed for separation under this regulation. Nonlawyer counsel may be appointed when the soldier's place of assignment is more than 250 miles from sufficient judge advocate resources. When a nonlawyer counsel is appointed, appropriated authority will certify in a permanent record that a lawyer with these qualifications is not available and state the qualifications of the substituted nonlawyer counsel, who must be a commissioned officer in the grade of first lieutenant or higher. Such counseling may be accomplished face-to-face, by mail, or by telephone, as appropriate. This officer will advise the individual concerning the basis of the contemplated separation and its effect, the rights available to the soldier, and the effect of any action taken by the soldier in waiving such rights. The soldier will also be advised that the enlistment may be voided if he or she is being considered for separation for fraudulent entry (desertion from another military service). Consulting counsel may also advise the soldier regarding the merits of the contemplated separation when counsel believes such advice is proper. The soldier should be informed that the counsel cannot represent the soldier before an administrative board unless appointed as counsel for representation. Consulting counsel will advise the soldier that if he or she receives a discharge certificate which is less than an honorable discharge certificate, there is no automatic upgrading nor review by any Government agency. Upgrading is considered only on application to the Army Board for Correction of Military Records of the Army Discharge Review Board. Consideration by either of these boards does not guarantee upgrading of a discharge certificate that is less than an honorable discharge certificate. Communications between the soldier and consulting counsel regarding the merits of the separation action are privileged communications between the attorney and his or her client. If one of the basis for separation includes a continuous unauthorized absence of 180 days or more, the counsel will inform the soldier that a discharge under other than honorable conditions is a conditional bar to benefits administered by the Veterans Administration, not-withstanding any action by a Discharge Review Board.

Appointed counsel for representation

Can be defined as either paragraph a or b, below.

a.  A counsel appointed to represent an individual who is being processed for separation during the course of any hearing before a board of officers. This counsel will possess the qualifications in paragraphs (1) or (2), below, as applicable. The appointed counsel for representation and the appointed counsel for consultation need not be the same individual.

(1) The appointed counsel for an individual being processed for separation, which could result in issuance of a discharge under other than honorable conditions (chap 2, of this regulation), is a lawyer within the meaning of UCJM, ART 27(b)(1) unless an appropriate authority certifies in the permanent record that a lawyer with these qualifications is not available and states the qualifications of the substitute nonlawyer counsel. (See fig 1-1, above, for an example of a statement of nonavailability and appointment of counsel.)

(2) The appointed counsel for an individual being processed for separation for cause, where only separation with an Honorable Discharge Certificate may be effected (para 2-11, of this regulation), should be a lawyer if one is reasonably available. This lawyer need not be qualified under UCMJ, ART 27(b)(1). If a lawyer is not reasonably available, the appointed counsel must be a commissioned officer in the grade of first lieutenant or higher.

b.  A military counsel designated per AR 27-10, chapter 6, or a civilian counsel retained by the soldier at no expense to the Government, to represent the soldier in a hearing before an administrative separation board. Such military counsel will be a lawyer per UCMJ, ART 27(b)(1). The convening authority may designate a nonlawyer as assistant counsel. The appointed counsel for representation and the appointed counsel for consultation need not be the same individual (AR 135-178).

Approved applicant

A USAR soldier selected to attend an officer candidate course.

Area command

A geographic area of command with RC functions and responsibilities.

Area commands

The following are defined as area commands:

a.  U.S. Army, Europe (USAEUR)

b.  U.S. Army Human Resources Command (Fort Knox, KY)

c.  U.S. Army Pacific Command (USARPAC)

d.  U.S. Army Southern Command (SOUTHCOM)

e.  U.S. Army Special Operations Command (USASOC)

f.  U.S. Army Reserve Command (USARC)

Area commanders

Commanders of area commands.

Area maintenance support activity

A USAR activity established to provide, on an area basis, technical assistance and organizational maintenance support beyond the supported units' capability to accomplish during scheduled training assemblies.

Armed Forces (interservice) championships

Annual matches held at the interservice level. Pistol championships are held in Nashville, Tennessee, and are conducted by the National Guard. Service rifle championships are conducted at Quantico, Virginia, by the U.S. Marine Corps prior to the National Matches. International matches are conducted by the U.S. Army at Fort Benning, Georgia.

Army

Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

Army promotion list

A promotion list of officers under consideration which includes all branches except the AMEDD and chaplain. The AMEDD promotion list includes all its branches. These branches are Medical, Dental Corps, Veterinary Corps, Army Nurse Corps, Medical Service Corps, and Army Medical Specialist Corps.

Army Reserve Command (ARCOM)

A TDU unit, with a numerical designation, commanding USAR units within a geographical area.

Basic training (BT)

Initial entry training which provides nonprior service personnel instruction in basic skills common to all soldiers and precedes advanced individual training (AIT).

Candidate

An approved applicant who is actually attending an officer candidate school.

Character of service for administrative separation

A determination reflecting a soldier's military behavior and performance of duty during a specific period of service. The three characters are: honorable, general (under honorable conditions); and under other than honorable conditions. This service of soldiers in entry level status is normally described as uncharacterized.

Civilian-sponsored distance

The greatest distance a soldier may be expected to travel daily from home to the duty station. Departure must be a reasonable hour on the reporting date with arrival during the hours specified in the orders.

Commuting distance

The greatest distance a soldier may be expected to travel daily from home to the duty station. Departure must be a reasonable hour on the reporting date with arrival during the hours specified in the orders.

Competition

Any firing of arms in which scores are kept and official bulletins published or awards given. The match may or may not require entry fees.

Contractually obligated member

A soldier who has completed his or her statutory service obligation and is serving on a contractual obligation or a member enlisted or appointed under circumstances in which a statutory obligation was not incurred.

Contractual term of service

The military service obligation incurred by completion of the oath of enlistment on an enlistment, of reenlistment agreement. Contractual and statutory service may run concurrently. The Selected Reserve contractual term of service is that portion of a military service obligation which is to be served in a unit of the Selected Reserve. For example, the 3X3 enlistment option requires that 3 years be served in a unit of the Selected Reserve and the remaining 3 years be served in the IRR.

Convening authority

Can be defined as either paragraph a or b.

a.  The separation authority.

b.  A commanding officer who is authorized by this regulation to process the case, except for final action, and who otherwise has the qualifications to act as a separation authority.

Deactivate

When a Reserve unit stands down and the soldiers are reassigned, the table of distribution and allowances (TDA) or table of organization and equipment (TOE) is eliminated, and the flag/colors are permanently retired.

Defense support industry

Any business or corporation so determined by the Federal Emergency Management Agency.

Delayed Entry Program

A program where soldiers may enlist and who are assigned to USAR control group (delayed entry) until they enlist in the RA.

Dependent

The following definition does not apply for purposes of pay and allowance, medical care, exchange privileges, or other benefits. For the purpose of this regulation, to determine eligibility for voluntary order to active military service, dependent means—

a. A spouse. This definition does not include a common law spouse unless the marriage has been recognized by a civil court.

b. An unmarried natural or adopted child. Any unmarried natural (legitimate or illegitimate) or adopted child, under 18 years of age, of an applicant. The term "natural child" includes any illegitimate child determined to be the applicant's natural or adopted child is not a dependent if—

(1) The child has been adopted by another person (final adoption court order or decree issues and effective), or

(2) Custody has been terminated by court order (final court order issued and effective) or as provided by State law.

c. Stepchild. A stepchild under 18 years of age living with the applicant.

d. Another supported person. Any other person who, in fact, depends on the applicant for over over-half of their support.

Distinguished designation

Award of the Distinguished Pistol Shot or Distinguished Rifleman Badge. These awards are made to individuals who have earned 30 credit points while firing a service rifle or a service pistol and service ammunition in Excellence in Competition Matches.

Education levels

a. High school diploma graduate credentials. 

(1)High school diploma graduate. A diploma issued to an individual who has attended and completed a 12-year or grade day program of classroom instruction. The diploma must be issued from the school where the individual completed all of the program requirements. The following are included in the high school diploma category:

(a)  Is attending high school in the senior year, is entering the senior year, or has achieved senior status and at the time of enlistment presents the documentation that he or she has met all requirements to graduate. Documentation will be one of the following:

(1)  A certificate of graduation.

(2)  An official school transcript.

(3)  A statement of completion from and appropriate school official.

(4)  A letter dated and signed by the principal, vice-principal, or custodian of records which states the applicant is a high school graduate.

(5)  A statement from and appropriate school official that the applicant is a high school graduate.

(b)  Is attending high school in the senior year, enlisting for the Alternate (Split) Training Program and scheduled to enter the first phase of initial active duty for training (IADT) within 270 days of enlistment. The applicant must submit proof of graduation (see para (a), above) before entering IADT.

(c)  Is attending high school in the junior year, enlisting for the Alternate (Split) Training Program and scheduled to enter the first phase of IADT within 280 days of enlistment. The applicant must have received a high school diploma, or submit proof of graduating (see para (a), above) before entering the second phase of IADT. The bonus or Student Loan Repayment Program addendum's to the reenlistment contract are void where the soldier enters the second phase of IADT without proof of graduation.

(d)  The applicant has lost the original diploma issued by the high school and submits proof of graduation per paragraphs (a)1 through 4, above.

(2)High school diploma graduate via adult education diploma. A secondary school diploma awarded on the basis of attending and completing and adult education or external diploma program, regardless of whether the diploma was issued by a secondary or post secondary institution. Diploma must have been issued as a result of attendance and not issued solely on the basis of a test.

(3)High school diploma graduate via college credit. An individual who has attended a college or university and successfully completed at least 12 semester hours or 22 quarter hours of college-level credit. Credit that is earned through testing or for the pursuit of high school equivalency is not acceptance under this definition. Credits will only be accepted from schools which are accredited by one of the following agencies (for foreign credentials, evaluated per para g, below):

(a)  New England Association of Colleges and Secondary Schools.

(b)  Middle States Association of Colleges and Secondary Schools.

(c)  North Central Association of Colleges and Secondary Schools.

(d)  Northwest Association of Colleges and Secondary Schools.

(e)  Southern Association of Colleges and Secondary Schools.

(f)  Western Association of Colleges and Secondary Schools.

b. Alternate high school credentials. 

(1)Test based equivalency diploma. A diploma or certificate of general education development or other Test-Based High School Equivalency Diploma. This includes state-wide testing programs such as the California High School Proficiency Examination, whereby examines may ear earn a certificate of competency or proficiency. A state or locally issued secondary school diploma obtained solely on the basis of such equivalency testing is not to be considered a high school diploma.

(2)Occupational program certificate of attendance. A certificate awarded for attending a non-correspondence vocational, technical, or proprietary school for at least 6 months. The individual must also have completed 11 years of regular day school.

(3)Correspondence school diploma. A secondary school diploma or certificate awarded on completion of correspondence school work, regardless of whether the diploma was issued by a correspondence school, a state, or a secondary or post-secondary educational institution.

(4)Home study diploma. A secondary school diploma or certificate, typically by a parent or guardian that an individual completed their secondary education at home.

(5)High school certificate of attendance. An attendance-based certificate or diploma. These are sometimes called certificates of competency or completion but are based on course completion rather that a test such as the general education development or California High School Proficiency Examination. A state or locally issued secondary school diploma obtained solely on the basis of an attendance credential is not considered a high school diploma.

c. Less than a high school diploma, non-high school graduate. An individual who has not graduated from high school or has not received an alternate credential listed in paragraph b, above.

d. High school senior. An individual who is currently enrolled in an established high school as defined for a high school diploma graduate and is expected to graduate within 356 days.

e. Currently in high school. A high school student, other than a senior, who has completed the 10th grade.

f. Degree credentials. 

(1)Associate degree. A certificate conferred on completion of a 2-year program at a junior college, university, or degree-producing technical institute.

(2)Professional nursing diploma. A certificate conferred on completion of a 3-year hospital school of nursing program.

(3)Baccalaureate degree. A certificate conferred on completion of a 4-year college program other than a first professional degree.

(4)First professional degree. A certificate conferred on completion of the academic requirement for the first degrees awarded in selected professions: Architecture, Certified Public Accountant, Chiropody or Podiatry (D.S.C or POD.D), Dentistry (D.D.S. or D.M.D.), Medicine (M.D.), Optometry (O.D.), Osteopathy (D.O.), Pharmacy, Veterinary Medicine, Law (L.L.B. or J.D.), and Theology (B.D.), Rabbi, or other first professional degree.

(5)Master's degree. A certificate conferred on completion of additional academic requirements beyond the baccalaureate or first professional degree but below the doctorate level.

(6)Post Master's degree. A certificate conferred on completion of additional academic requirements beyond the Master's degree but below the doctorate level.

(7)Doctorate degree. A certificate conferred in recognition of the highest academic achievement within an academic field, excluding honorary degrees and first professional degrees.

g. Foreign credentials. 

(1) A person completing high school or having college credits from foreign colleges or universities must have his or her documents evaluated and accredited by one of the following:

(a)  A State Board of Education, a state university, or recognized university or college listed in the Accredited Institutions of Post-secondary Education book published by the American Council on Education (ACE).

(b)  International Education Research Foundation, P.O. BOX 66940, Los Angeles, CA 90066.

(c)  World Education Services, Inc., Old Chelsea Station, P.O. Box 745, New York, NY 10011.

(d)  International Consultants, Inc. (ICI), of Delaware, 107 Barksdale Professional Center, Newark, DE 19711.

(e)  Education Credentials Evaluation, Inc., (ECE), P.O. Box 17499, Milwaukee, WI 53217.

(f)  Educational Records Evaluation Service, Senator Hotel Office Building, 1121 L Street, Suite 1000, Sacrament, CA 95814.

(2) The following countries, territories and nations are exempt from evaluation requirement and their education documents will be treated in the same manner as any U.S. school:

(a)  Federated States of Micronesia.

(b)  Republic of Marshall Islands.

(c)  Commonwealth of the Northern Mariana Islands.

(d)  Guam.

(e)  American Samoa.

(f)  Canada.

(g)  Puerto Rico.

(h)  Virgin Islands.

(i)  Department of Defense Dependent School System.

(3) Evaluation of transcripts may require a fee to be paid by the individual.

(4) An evaluation of transcripts as outlined above for foreign transcripts, diplomas, etc., is in lieu of being listed in the Accredited Institutions of Postsecondary Education, published by the ACE.

Enlisted Personnel Management System U.S. Army Reserve

A centralized personnel management system for the USAR enlisted force, beyond the military occupational specialty (MOS) system, that affects all aspects of enlisted personnel management, including training, evaluation, classification, use, and promotion.

Enlisted

a. Army National Guard. An original or first voluntary term of military service in the ARNGUS consummated by subscription to the oath of enlistment DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States). Where eligible per applicable laws and regulations, persons authorized an enlistment are personnel without prior service or personnel without prior service in any of the other U.S. Armed Forces except the Air National Guard.

b. U.S. Army Reserve. A voluntary enrollment in the USAR as an enlisted soldier. An enlistment is consummated by subscription to the prescribed oath of enlistment. The term "enlistment" includes enlistment of both nonprior service and prior service personnel with the latter category also including prior USAR personnel and personnel with prior service in any of the other U.S. Armed Forces.

Entry level status

Status which begins on enlistment in the ARNG or USAR. It terminates—

a.  For soldiers ordered to IADT for one continuous period 180 days after beginning training.

b.  For soldiers ordered to IADT for the split or alternate training option 90 days after beginning Phase II (AIT). (Soldiers completing Phase (BT or basic combat training ) remain in entry-level status until 90 days after beginning Phase II.)

c.  Service which is not creditable in accordance with the Department of Defense Military Pay and Allowances Entitlements Manual is excluded from the period of entry level status.

Entry on duty date

The date travel officially begins (per compete orders). The official travel date is determined by the mode of transportation authorized and actually used to comply with the reporting date shown on the order.

Equipment concentration site

An equipment storage area established by a major U.S. Army Reserve command (MUSARC) commander to support USAR units during multiple unit training assembly (MUTA), annual training (AT), and mobilization.

Equivalent in hours

Flexibility of the length of USAR school constructional assemblies for instructors and students (that is, 48 2-hour training assemblies, 24 unit training assemblies, or 12 multiple unit training assemblies (MUTA-2).

Equivalent training

Can be defined as either paragraph a or b, below.

a.  Training, instruction, or appropriate duty for individual members of a unit which is in lieu of regular scheduled unit training or regularly scheduled unit training assemblies, and for which pay and/or retirement point credit is authorized.

b.  Training in lieu of regular scheduled unit training or regularly scheduled unit training assemblies. (See rescheduled training and regularly scheduled unit training assembly, below.)

Excellence-in-competition badge

An award presented for placing in the top 10 percent of the eligible non-distinguished competitors in an excellence-in-competition match.

Excellence-in-competition match

A match in which credit toward the distinguished designation may be earned and bronze or silver excellence-in-competition badges awarded. Also referred to as a "Leg" match.

Expiration term of service

The scheduled date on which an individual's statutory or contractual (whichever is later) term of military service will end.

Extended active duty (EAD)

Active duty performed by a member of the ARNGUS or USAR when strength accountability passes from the ARNG or USAR to the Active Army.

Extensions

Can be defined as either paragraph a or b, below.

a.  Are not new contracts or agreements but extensions of the terms of service of the existing, or current, USAR enlistment contracts or agreements. Such extensions never extend the statutory obligation of the individual.

b.  The continuation of active ARNG service with the ARNG of the same State, Territory, or Commonwealth consummated by subscription to the oath of extension. This definition may be used with the term immediate reenlistment.

Extreme community hardship

A situation that may, because a reservist is mobilized, have a substantially adverse effect on the health, safety, or welfare of the community. Any request for a determination of such hardship shall be made by the reservist and must be supported by documentation as required by the SA.

Extreme personal hardship

An adverse impact on a reservist's dependents resulting from his or her mobilization. Any request for a determination of such hardship will be made by the reservist and must be supported by documentation as required by the SA.

Full-time national guard duty (FTNGD)

Training or other duty, other than inactive duty, performed by a member of the ARNGUS or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under 32 USC 316, 502, 503, 504, or 505, for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.

Full-Time Support (FTS) Program

This program encompasses personnel assigned as a full-time basis for the purposes of organizing, administering, recruiting, instructing, or training the ARNG and the USAR. These personnel include civilian personnel, members of the Active Army, and personnel serving on AGR status. The AGR Program is a component of the Full-Time Support Program.

General Officer Command (GOCOM)

A USAR troop program unit (TPU) other than an ARCOM, commanded by a general officer.

Immediate reenlistment

Can be defined as either paragraph a or b, below.

a.  A voluntary enrollment in the USAR as an enlisted soldier immediately on separation from service in the USAR. This term represents a concurrent action in which the separation documents are not given to the individual until the individual has been reenlisted. It differs from the term reenlistment since it implies that there will be no break in continuous USAR service.

b.  This term represents concurrent action in which the separation/discharged documents are not given to the soldier until reenlistment (within 24 hours from date of separation/discharge) in the ARNG of the same or another state has been affected. When discharged documents have not been prepared, see the term "extension."

Inactivate

Occurs when a Reserve unit stands down and the soldiers are reassigned, but the Colors and TDA or TOE are only temporarily retired.

Individual mobilization augmentation detachment

A functional non-TPU that consists of at least five Army mobilization designees, providing inactive duty training for soldiers in a nonpay status.

Individual mobilization augmentation proponent

Any Department of Defense, DA, or other Federal agency whose mobilization TDA or TOE provides positions to be filled by preselected USAR soldiers.

Individual ready reserve (IRR)

Soldiers who are assigned to the following Ready Reserve USAR control groups: AT, reinforcement, and office active duty obligor.

Initial entry training

A term used to identify mandatory training each member of the U.S. Army must complete upon initial entry in the service to qualify in a military speciality or branch and which is required by law for deployability on land outside the continental limits of the United States per 10 USC 671. The term encompasses the completion of BT and speciality or branch qualification while serving on AD or ADT. For ARNGUS and USAR soldiers it includes completion of IADT, the officer basic course, and the WO basic course.

Involuntary separation

Separation from commissioned or warrant status as a Reserve of the Army based on cause (for example, substandard performance of duty, moral or professional dereliction, or for security reasons).

Inservice personnel

Personnel currently serving in USAR units of the selected Reserve, or as IRR or Standby Reserve soldiers.

Installation championships

Matches conducted at the installation level prior to the major Army command and continental U.S. Army championships.

Instruction

Includes teaching, assisting, preparing instruction, practicing, taking part as a student, or giving assistance either in a classroom or practical application. Also included as firing on ranges while training, but not in competition.

Joint annual, active duty, and inactive duty training

Annual training or ADT in conjunction with, but not concurrent with, IDT by subsections or by individual members of a unit to provide for travel away from the IDT site.

Juvenile offender

A person judged guilty of an offense by a domestic court of the United States or its territorial possessions, or by a foreign court, without regard to whether a sentence has been imposed or suspended, or any other subsequent proceedings in the case. The law of the jurisdiction of the court will determine whether a given proceeding constitutes an adjudication of guilt. Adjudication as a juvenile offender includes adjudication as a juvenile delinquent, wayward minor, or youthful offender.

"Leg"

A term derived from the stand or legs upon which a trophy cup is placed. In order to take permanent possession of certain trophies, the trophy had to be won more than one time, and the winner took possession of one of the "Legs." Previous regulations required that Army competitors win excellence-in-competition badges in specific matches, coined "Leg" matches, prior to being awarded a distinguished designation badge. The present system is based on a credit point system. Total credit points earned in any one match constitutes a "Leg."

Major commands

The following are defined as major commands:

a.  MUSARCs.

b.  ARCOM.

c.  GOCOM.

Major U.S. Army Reserve command

Any ARCOM/GOCOM that reports directly to the U.S. Army Reserve command or any area command for the 7th and 9th ARCOMs and USAR units falling under the U.S. Army Special Operations Command.

Mandatory training requirement

That part of the military service obligation in which assignment to a unit or control group (AT) is mandatory.

Material error

One or more errors of such a nature that in the judgement of the reviewing official (or body) caused an individual's nonselection by a promotion board. Had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.

Members and former members

A member of a RC who holds a current status in the ARNG or the USAR. Generally, for officers of the Army Reserve, and individual who accepted an indefinite term appointment under the provision of 10 USC chapter 337, and whose appointment has not been terminated, is current member. A former member is one who formerly held status in a RC, but who does not hold a current status in any such component.

Military intelligence combat electronic warfare intelligence units

Integrated tactical intelligence units at corps and below. (Pending completion of activation of combat electronic warfare intelligence units, the term also refers to existing tactical signal intelligence electronic warfare, signal security, and military intelligence units in support of corps and lower level units.)

Military record

An account of a soldier's behavior while in military service, including personal conduct and performance of duty.

Minister of religion

A person classified as either a duly ordained minister of religion or a regular minister of religion as follows:

a.  Duly ordained minister of religion. A person who has been ordained in accordance with the ceremonial ritual or discipline of a church, religious sect, or organization, established on the basis of the community's doctrine and practices of a religious character, to preach and teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies in public worship, and whom as regular a customary vocation, preaches and teaches the principles of religion and administers the ordinances of worship as embodied in the creed or principles of such church, sect, or organization.

b.  Regular minister of religion. A person who as a customary vocation, preaches and teaches the principles of the religion of a church, a religious sect, or an organization of which he or she is a member, without having been formally ordained as a minister of religion but who is recognized by such church, sect, or organization as a regular minister.

Minority group

Any group distinguished from the general population in terms of race, color, religion, gender, or national origin.

Moral or professional dereliction

Conduct within the control of the individual concerned, which tends to bring the individual or the Army into disrepute.

Multiple unit training assembly (MUTA)

Two or more UTAs conducted consecutively.

National Board for the Promotion of Rifle Practice

A Federal advisory committee consisting of prominent representatives from the military services and civilian marksmanship community. It provides recommendations and other advice to the SA.

National Matches

The National Matches (are part of the Civilian Marksmanship Program ) and include the National Trophy Matches, the National Rifle Association (NRA) National Rifle and Pistol Championships, the Small Arms Firing School, and special events and ceremonies. The National Matches are conducted annually at Camp Perry, Ohio.

Nominee

An ARNGUS or USAR soldier in the zone of consideration for promotion to the next higher grade.

Non-distinguished competitor

An individual who has not earned 30 credit points for the weapon being used in an excellence in competition match.

Nonlocatee

An enlisted soldier who has failed to furnish an address through which personal contact is possible.

Nonpay training status

The status of individual members who, with their consent and when authorized by the CG, HRC, and ARCOM or GOCOM commander, outside continental United States or outside continental United States unit commander, take part in training or related activity, without pay, for retirement credit only.

No previous (prior) service

This term is used to identify an applicant who, at the time of enlistment or appointment in the USAR, has never previously served creditably in a regular or RC, or without a component, as a member of an Armed Force of the United States.

Notification procedure

The initiation of an administrative separation process in which the respondent is notified in writing of the proposed separation, the bases thereof, the results of separation, and his or her rights. This term is commonly used when the respondent does not have a right to a hearing before a board of officers.

Nonobligated member

Soldiers who have completed their statutory military service obligation and are serving on a contractual obligation, or were enlisted or appointed under circumstances in which a statutory obligation was not incurred.

Obligated member

Soldiers who have not completed their statutory military service obligation. The statutory obligation is incurred by law on initial entry into the service.

Obligated officer

An officer who has an obligation incurred by operation of law or by execution of a contractual agreement to serve in a Reserve status for a specified period of time.

Officer

Includes commissioned officers, warrant officers (WO1-WO5), and commissioned warrant officers (WO2- WO4), unless otherwise specified.

Office active duty obligor

An officer appointed in the USAR from the ROTC program, or under programs monitored by The Surgeon General, Chief of Chaplains, or Judge Advocate General, who is obliged to serve on AD or ADT and does not enter on AD at the time of the appointment.

Officer Personnel Management System—U.S. Army Reserve

A centralized personnel management system for units and non-unit IRR USAR officers who are not on extended AD.

One station unit training

Initial entry training in which elements of BT and AIT are provided in the same unit, under one cadre throughout the total period of training. In one station unit training, elements of BT and AIT are either integrated provided simultaneously, or are nonintegrated provided in distinct BT/AIT phases.

Organizational maintenance shops

The structures that house functional areas used to train organizational maintenance personnel and to perform organizational level maintenance on USAR unit equipment.

Other approved excellence-in-competition matches

The excellence-in-competition matches approved by the SA or a designee and conducted in conjunction with NRA regional or state championships.

Overstrength

Assigned strength which exceeds that authorized by the TOE and TDA. Assignment of a soldier as overstrength may be the result of a unit reorganization, deactivation, or relocation. It may also be as a result of an assignment error, or as an authorized exception to policy to correct an injustice.

Permanent promotion

A promotion in the RA or in a RC of the Army.

Preponderance of evidence

Evidence which after a consideration of all the evidence presented, points to a certain conclusion as being more credible and probable than any other consistent with two or more opposing propositions, it is insufficient.

Previous (prior) services

This term is used to identify a soldier who, at the time he or she is accessed to the USAR by enlistment, appointment, or by operation of law has previously served one or more days of creditable service in a Regular or RC, or without a component, as a member of an Armed Force of the United States.
Note. 1. Soldiers classified as glossary no previous service, or glossary nonprior service for the purpose of enlistment in a Regular or RC should be identified, processed, and administered as having previous military service on enlistment in the USAR. 2. USAR soldiers being assigned between elements or commands within the USAR (for example, from the IRR to a TPU) are classified as "in-service" personnel.

Prior enlistment or period of service

Service in any component of the Armed Forces which culminates in the issuance of a discharge certificate or certificate of service.

Professional development

A function of individual training education and experience to sustain a combat ready force.

Promotion eligibility date

The earliest date on which an officer who is recommended and selected may be promoted to the next higher grade.

Promotion to fill officer position grade vacancies

An authorized promotion to fill an officer position vacancy in a TPU with an officer of the appropriate grade.

Readiness training

Specialty related training for IRR soldiers, coordinated and administered by HRC.

Ready Reserve

Units and individual reservists liable for AD as outlined in 10 USC 672 and 12302.

Reasonable commuting distance

The longest distance a soldier can be expected to travel involuntarily between his or her residence and a site where IDT will be conducted.

a.  For officers, WOs, and enlisted soldiers, it is a distance within a 50-mile radius of the IDT site. It will not exceed 1½ hours of travel time one-way by car under average traffic, weather, and road conditions.

b.  An alternative reasonable commuting distance for enlisted soldiers can be applied when all of the conditions are met. It is a distance within a 100-mile radius of the IDT site. It will not exceed 3 hours of travel time on-way by car under average traffic, weather, and road conditions. The alternative reasonable commuting distance may be applied only when the soldier is assigned to a unit that normally conducts MUTA on 2 connective days (MUTA-4) and Government-provided meals and quarters are furnished at the training site.

Reenlistment

a.  A second or subsequent voluntary enrollment in the USAR. This term differs from the term "immediate reenlistment" since it is used to identify continuing military service or reentry into the military service from civilian status as a prior service applicant.

b.  Reentry into the ARNG of an individual who has had a break in ARNG service or has been discharged from one State for the purpose of joining the ARNG of another State, regardless of a break in service, or is joining the ARNG from the Air National Guard.

Reenlistment activity

Refers to individuals, offices, agencies, or commands, responsible for, or rendering, reenlistment administrative support to USAR enlisted personnel.

Regularly scheduled unit training assembly

Training time treated as a unit training assembly or MUTA for which pay and retirement point credit are authorized.

Release from active duty

Termination of AD status and transfer or reversion to inactive duty status, including transfer to the IRR. Unit members of ARNGUS and USAR revert to their respective RC to complete unexpired enlistment's and/or statutory obligations.

Reinforcement training unit

Provides training in a nonpay status.

Required period of duty

Period of AD or ADT that an officer is obligated to perform, either by law or by execution of a contractual agreement.

Rescheduled training

Training placed on the unit training schedule for subsections of the unit or for individuals at a time, date, and location other than the regularly scheduled unit training assembly. Pay and retirement point credit are authorized.

Reserve components of the Army

The ARNGUS and the USAR.

Reserve of the Army

Enlisted members of the ARNGUS and the USAR.

Respondent

An enlisted soldier who has been notified that action has been initiated to separate the soldier.

Retired pay

Pay granted to members and former members of Reserve components under 10 USC Chapter 1223, after completion of 20 or more years of qualifying service and on attaining age 60. This pay is based on the highest grade satisfactorily held at any time during an individual's entire period of service, other than in an inactive section of a RC.

Reserve Officers' Training Corps cadet

A student enrolled in the Senior Reserve Officers' Training Corps (SROTC) as a cadet under 10 USC 2104 or 10 USC 2107

Reserve Officers' Training Corps Program

The SROTC of the Army.

Satisfactory participation

A level of performance where a soldier avoids incurring the condition of unsatisfactory participation. as defined in AR 135-91, paragraphs 3-1 and 3-2.

Selected Reserve

Can be defined as follows:

a.  Part of the Ready Reserve of each RC consisting of units and individuals who participate actively in paid training periods and serve on paid AD for training each year.

b.  USAR Selected Reserve units and individuals that comprise all TPUs, individual mobilization augmentees, and full-time AD support personnel. This term should not be confused with Selected Reserve Force(s) in JCS Pub 1. (The term Selected Reserve is included here to preclude a possible misinterpretation of the language used in 10 USC 268 which directly relates to this regulation.)

c.  Officers, WOs, and enlisted soldiers who are—

(1) Members of the ARNGUS.

(2) Assigned to TPUs of the USAR.

(3) Serving on AD (10 USC 672 or full-time duty (32 USC 502f) in an AGR status.

(4) Individual mobilization augmentees.

Self-terminating orders

Orders that direct ADT, AD for special work, temporary tour of active duty, or AT for a specific time. When the orders expire, a soldier is automatically released from such duty without further action.

Separation

An all inclusive term which is applied to personnel actions resulting from release from AD, discharge, retirement, dropped from the rolls, release from military control or personnel without a military status, death, or discharge from the ARNGUS with concurrent transfer to the individual ready, Standby, or Retired Reserve. Reassignments between the various categories of the USAR (selected, Ready, Standby, or Retired) are not considered as separations.

Separation authority

An officer authorized to take final action on specified types of separations.

Standby Reserve

Units or members of the RCs, other than those in the Ready Reserve or Retired Reserve, who are liable for AD as provided in 10 USC 672 and 10 USC 12306.

Statutorily obligated member

A soldier who is serving by reason of law.

Statutory term of service

The military service obligation incurred on initial entry into the Armed Forces under 10 USC 651.

Substandard performance of duty

Performance of duty which has fallen below standards prescribed by the SA.

Temporary promotion

Promotion to a grade in which a soldier holds a temporary appointment in the Army of the United States.

Temporary tours of active duty

Voluntary AD performed for a prescribed period of time by ARNG and USAR soldiers in support of an Active Army mission. Normally, such tours will not exceed 139 days.

Troop program unit

A TOE or TDA unit of the USAR organization that serves as a unit on mobilization, is assigned a mobilization, or is assigned a mobilization mission. The "unit" in this case is the largest separate unit prescribed by the TOE or TDA.

Unit training assembly

An authorized and scheduled training assembly of a least 4 hours. This assembly is mandatory for all TPU members.

Unit vacancy

A position authorized by paragraph and line number of a TOE or TDA that is unoccupied or is filled by an officer of a lower grade than authorized for the position and provided that an officer in the grade of the position vacancy is not assigned as overstrength.

Unsatisfactory participant

A member of a unit or the USAR control group who fails to participate as outlined in AR 135-91, chapter 4, section III.

U.S. Army Civil Preparedness Support Detachment

A USAR unit which provides communication support to Federal Emergency Management Agency.

U.S. Army Human Resources Command

A field operating agency of the Chief, Army Reserve which manages the professional career development of individual USAR soldiers to provide trained individual USAR soldiers for mobilization. This agency commands the IRR and Standby Reserve, and administers the USAR, AGR, and individual mobilization augmentation programs.

U.S. Army Reserve

A Federal force, consisting of individual reinforcements and combat, combat support, and training type units organized and maintained to provide military training in peacetime and a reservoir of trained units and individuals reservists to be ordered to active duty in the event of a national emergency.

U.S. Army Reserve Army flight activity

A TDA activity of a MUSARC that has the same mission, responsibility, and degree of authority as an aviation support facility, but supports fewer assets (for example, fewer than 20 aircraft assigned, and fewer than 30 aviators assigned or attached for training).

U.S. Army Reserve aviation support facility

A TDA activity of a MUSARC that assures the proper use and operation of USAR aviation assets. Provides aviation training and logistics support beyond the capability of supported units during training assemblies.

U.S. Army Small Arms Championships

Annual rifle, pistol, and machine gun matches held at Fort Benning, Georgia.

U.S Army Reserve Active Guard Reserve Management Program

A centralized personnel management system that provides a program a career development for USAR personnel serving on active duty in an AGR status, not programmed against the Active Army end strength. Administered by CG, APERCEN, it provides a highly qualified corps of USAR projects ad programs.

Warrant officers

All USAR WOs not on AD and Reserve WOs on AD who are—

a.  On ADT.

b.  On AD under 10 USC 175, 265, 3015, 3019, 3033, and 2496, or 32 USC 708.

c.  On AD under 10 USC 672 or under 32 USC 502 or 503 in connection with organizing, administering, recruiting, instructing, or training the RCs. (AR 135-155)

Years for percentage purposes

Denotes total qualifying service converted to years for use as a multiplier in determining pay.

Section III

Special Terms

SOUTHCOM 

Southern Command

USAEUR 

U.S. Army, Europe

USARPAC 

U.S. Army Pacific

USASOC 

U.S. Army Special Operations Command