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Revoking an Approved Chapter That Has Been Suspended

 


A highly deserving soldier may be given a probation period to show successful rehabilitation before the soldier's enlistment or obligated service expires. The separation authority may suspend (except fraudulent enlistment or homosexual conduct) execution of an approved separation for a period of full-time military duty not to exceed 6 months (para 1-18). Upon satisfactory completion of the probation period, or earlier if rehabilitation has been achieved, the authority who suspended the separation will cancel execution of the approved separation. If the soldier engages in conduct similar to that for which separation was approved, but suspended, or otherwise fails to meet the appropriate standards of conduct and duty performance, the separation authority will take the following actions:

  1. Advise the soldier in writing that vacation action is being considered and the reasons/evidence of misconduct that warrant such considerations.
  2. Advise and give the soldier 3 duty days to consult with counsel and submit a written statement in his or her own behalf or decline to make any statement.
  3. The commander taking the action will consider any information the soldier submits. If the soldier identifies specific legal issues for consideration the separation authority will have the matter reviewed by the unit Trial Counsel.
  4. The separation authority may either:

a.       vacate suspension of the approved separation and execute the separation, or

b.      continue to suspend execution of the approved separation for the remainder of the probation period.

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