UNSATISFACTORY PERFORMANCE

Separation of a member under this category is authorized when it is determined that the member is unqualified for further naval service by reason of unsatisfactory performance. Unsatisfactory performance is demonstrated by one or more performance evaluations, either regular or special, with unsatisfactory marks for professional factors of 2.6 or below in either military or rating knowledge and performance, or with overall evaluation of 2.6 or below.

You may not use this basis for separation for a member in an entry level status or when processing for misconduct is appropriate.

Do not initiate separation processing until the member has been counseled and has had the opportunity to overcome his or her deficiencies. A page 13 must be issued by the parent command before the latest qualifying evaluation, and it must address the specific unsatisfactory performance.

Characterization of service will be type warranted by service record (TWSR), which is either honorable or general.

COs with SPCM CA may effect the separation provided the member does not object to the separation. If the member objects to separation, the Chief of Naval Personnel PERS-83) is the separation authority.

Use the notification procedure. Send the processed case by letter of transmittal or message to the Chief of Naval Personnel (PERS-83).

For additional guidance on separation processing by reason of unsatisfactory performance and conduct, refer to the MILPERSMAN.

HOMOSEXUALITY

Due to present (July 1993) changes occurring in policies regarding homosexuals in the military, refer to current directives for guidance regarding this issue.

DRUG ABUSE REHABILITATION FAILURE

A member who has been referred by his or her CO to a level II or III rehabilitation treatment program for personal drug abuse may be separated when he or she:

demonstrates an inability or refusal to participate in, cooperate in, or successfully complete a level II or III rehabilitation program; has an alcohol incident or drug-related incident anytime in his or her career following completion of level II or III and there is no potential for further service; fails to follow a directed level II or III aftercare program; or returns to drug abuse following level II or III rehabilitation treatment and there is no potential for further service.

Characterization of service will be TWSR (honorable or general or ELS. Use the notification procedure. COs with SPCM CA may effect the separation provided the member does not object. If the member objects, the Chief of Naval Personnel (PERS-83) is the separation authority. Send the processed case by letter of transmittal to the Chief of Naval Personnel (PERS-83). The CO's comments must indicate if the member is or is not drug dependent as diagnosed by a physician or clinical psychologist. Message submission is optional.

For additional guidance on separation processing by reason of drug abuse rehabilitation failure, refer to the MILPERSMAN.

ALCOHOL ABUSE REHABILITATION FAILURE

A member who has been referred by his or her CO to a level II or III rehabilitation treatment program for personal alcohol abuse may be separated when he or she:

l demonstrates an inability or refusal to participate in, cooperate in, or successfully complete such a level II or III program;

l has an alcohol incident or drug-related incident anytime in his or her career following completion of level II or III;

l fails to follow a directed level II or III aftercare program; or

l returns to alcohol abuse following level II or III and there is no potential for further service.

Nothing in this article prevents the separation under any other basis for separation, in appropriate cases, of a member who has been referred to such a program. Characterization is TWSR or ELS. Use the notification procedure. COs with SPCM CA may effect separation provided the member does not object. If the member objects the Chief of Naval Personnel (PERS-83) is the separation authority. Forward the processed case by letter of transmittal to PERS-83. For additional guidance on separation processing by reason of alcohol abuse rehabilitation failure, refer to the MILPERSMAN.

MISCONDUCT

You may separate a member for misconduct when it is determined that the member is unqualified for further military service by reason of one or more of the following:

l Minor disciplinary infractions

. Pattern of misconduct

l Commission of a serious offense (processing not mandatory) l Commission of a serious offense (processing mandatory)

l Civilian convictions (processing not mandatory)

l Civilian conviction (processing mandatory)

You may not initiate separation processing for a series of minor disciplinary infractions or a pattern of misconduct until the member has been counseled, Reflect the counseling on a page 13 entry or letter. Counseling and rehabilitation are not required for commission of a serious offense of civilian felony conviction. Characterization of service is normally OTH, but characterization as general may be assigned when warranted. When a service member serving in paygrade E-4 or above is separated with an OTH, the member is administratively reduced to paygrade E-3.

Use the administrative board procedure. However, the notification procedure is authorized for use when processing for minor disciplinary infractions. COs with SPCM CA may effect the discharge only if an administrative board recommends separation with a general or honorable discharge and the member does not object. In cases where the member objects the Chief of Naval Personnel (PERS-83) is the separation authority. ^Regardless of the administrative board's recommendation, the Chief of Naval Personnel is the separation authority for members being separated by reason of misconduct due to commission of a serious offense as evidenced by sexual perversion or sexual harassment. Send the processed case to the Chief of Naval Personnel (PERS-83). Message submission is optional.

For additional guidance on separation processing by reason of misconduct, refer to the MILPERSMAN.

We will now explore each of the previous subcategories under the Misconduct heading in more detail.

Minor Disciplinary Infractions

Minor disciplinary infractions are evidenced by a series of at least three but not more than eight minor violations of the UCMJ (none that could warrant a punitive discharge and none that are drug-related) within the current enlistment that were disciplined by not more than two punishments under the UCMJ. Before initiating processing the member must have violated counseling.