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Chapter 14-12c: Commission of a Serious Offense

 


A soldier may be separated for a commission of a serious offense if the specific circumstances of the offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the MCM or for the following reasons:

  1. An absentee returned to military control from a status of AWOL or desertion may be separated for commission of a serious offense.
  2. Abuse of illegal drugs is serious misconduct.

a.       First-time drug offenders below the grade of sergeant, or with less than 3 years of total military service, Active or Reserve, may be processed for separation upon discovery of a drug offense (14-12c(2)(d)).

b.      First-time drug offenders in the grade of sergeant and above, and all soldiers with 3 years or more of total military service, Active and Reserve, will be processed for separation upon discovery of a drug offense    (14-12c(2)(d)).

c.       Second-time drug offenders must be processed for separation after a second offense (14-12c(2)e).


 1-16 Counseling Required:

No (1-16a)

Medical Required:

Yes (1-32a)

Mental Required:

Yes (1-32b)

Approval Authority:

Bde Cdr, (1-19c(2)(a)), unless UOTH, then CG must approve.

Type of discharge authorized:

General, Under Honorable Conditions - Bde Cdr, can approve ONLY if notification procedure used. If board procedures used because of UOTH recommendation, only CG can approve discharge, whether Honorable or General, Under Honorable Conditions or Under Other Than Honorable (UOTH) Conditions.

When the sole basis for separation is a serious offense which resulted in a conviction by a court-martial that did not impose a punitive discharge, (Bad-Conduct Discharge or Dishonorable Discharge), the soldier's service may not be characterized Under Other Than Honorable (UOTH) Conditions unless approved by the Secretary of the Army (14-3b).


 Documents Required for Chapter:

    1. Request for separation
    2. Evidence of misconduct to include Summary Courts-Martial Result of Trial (DA Form 2329) to include JAG Review Endorsement, Article 15's, bad check notification, letter of reprimand, bar to reenlistment, DA Form 4187s for AWOL, etc.
    3. Medical examination
    4. Mental examination
    5. Debt avoidance counseling
    6. DA Form 2A
    7. DA Form 2-1 or ERB
    8. FLAG for elimination

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