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Chapter 14-5: Conviction by Civil Court

 


A soldier may be considered for discharge when convicted by civil authorities when a punitive discharge (Bad-Conduct Discharge or Dishonorable Discharge) would be authorized for the same or a closely related offense under the Manual for Courts-Martial, 2000 or when the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation.

If the soldier is in civil confinement, see special processing requirements of AR 635-200, paragraph 2-14.

 


 

1-18 Counseling Required:

No (1-16a)

Medical Required:

No (1-32a)

Mental Required:

No (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.

Initiation of separation action is NOT mandatory (14-5b).

NOTE: When a soldier waives his or her right to a hearing before an administrative separation board because of an UOTH recommendation, the case will be processed without convening a board. However, the separation authority (CG) will be the same as if the board was held (2-5a).  


 

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