Pattern of Misconduct

A pattern of misconduct is defined as discreditable involvement with civil and/or military authorities as evidenced by one or more of the following:

l Three or more civilian convictions within the current enlistment. The latest civilian conviction and counseling to have occurred while assigned to the parent command.

. Three or more punishments under the UCMJ within the current enlistment. The latest offense and counseling must have occurred while assigned to the parent command.

. Any combination of three minor civilian convictions (and punishments under the UCMJ) within the current enlistment. The latest offense and counseling must occur at the parent command. . Three or more periods of unauthorized absence of more than 3 days' duration, each within the current enlistment. The latest offense and counseling must occur at the parent command.

. Nine or more violations (specifications) of the UCMJ within the current enlistment that have been disciplined by punishment under the UCMJ. The latest offense and counseling must occur at the parent command.

. A set pattern of failure to pay just debts.

. A set pattern of failure to contribute adequate support to dependents or failure to follow orders, degrees, or judgments of a civil court.

Commission of a Serious Offense (Processing not Mandatory)

An individual may be processed when a punitive discharge would be authorized by the Manual for Courts-Martial, (MCM) for the same or a closely related offense.

Commission of a Serious Offense (Processing Mandatory)

An individual must be processed when the CO believes that an individual committed extremely serious misconduct that resulted in, or had the potential to result in death, or serious bodily injury, such as but not limited to homicide, arson, or armed robbery.

An individual must also be processed when an incident involves sexual behavior that deviates from socially acceptable standards of morality and decency. Such behavior may include, but is not limited to: lewd and lascivious acts, sodomy, indecent assault, indecent acts, and indecent exposure. If circumstances involve an incestuous relationship, notify the Chief of Naval Personnel (PERS-661/83) immediately upon discovery.

An individual must also be processed following punitive actions on the first substantiated incident of sexual harassment involving (1) threats or attempts to influence another's career or job for sexual favors, (2) rewards in exchange for sexual favors, or (3) physical contact of a sexual nature that could result in punitive discharge, if charged.

Civilian Conviction (Processing not Mandatory)

This subcategory allows for processing of a member based on a conviction by civilian authorities or action taken that is equivalent to a finding of guilty provided the offense could warrant a punitive discharge or the sentence includes confinement for 6 months or more without regard to suspension or probation. Separation processing may be initiated whether or not the member has filed an appeal or has stated an intention to do so.

Civilian Conviction (Processing Mandatory)

An individual must be processed based on a conviction by civilian authorities, or action taken that is equivalent to a finding of guilty, that involved an offense that either resulted in, or had the potential to result in death or serious bodily harm.

MISCONDUCT DUE TO DRUG ABUSE

A member must be mandatorily processed for separation by reason of misconduct due to drug abuse based upon one or more military or civil convictions for the following:

l Drug abuse-the illegal or wrongful use or possession of controlled substance(s)

l Drug trafficking-the sale, transfer, or possession with intent to sell or transfer, controlled substance(s)

. Drug paraphernalia--all equipment, products, and materials that are used, intended for use, or designed for use in injecting, ingesting, inhaling, or otherwise introducing into the body controlled substances

For guidance as to when separation processing is mandatory, refer to OPNAVINST 5350.4B.

Characterization of service is normally OTH. Assign a TWSR or an ELS characterization when separation processing is based solely on urinalysis test (fitness for duty) results or when separation processing is based solely on drug abuse divulged through the voluntary self-referral program. Send all cases, except those where a TWSR or an ELS is assigned, to the Chief of Naval Personnel via the Enlisted Performance Division (PERS-83) for final approval. For members not in an entry level status, characterization of service as honorable is not authorized unless the member's record is otherwise so meritorious that any other characterization would be inappropriate.

Use the administrative board procedure. COs with SPCM CA may process a member under the notification procedure when separation processing is based solely on urinalysis results (fitness for duty). Send the processed case by letter of transmittal or message to the Chief of Naval Personnel (PERS-83).

You must include a medical officer's or clinical psychologist's evaluation of the member's drug dependency as evaluated subsequent to the most recent drug incident with the case.

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

SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL

This category provides for a member to request separation in lieu of trial by court-martial. Charges must have been preferred against the accused with respect to an offense for which a punitive discharge is authorized to be awarded. The member's CO must determine that the member is unqualified for further naval service.

If a member is serving in paygrade E-4 or above, he or she must also request administrative reduction to paygrade E-3 before the request is approved.

Characterization of service will normally be OTH, but ELS maybe assigned under certain cases.

Refer to the MILPERSMAN for the proper format for the member to use to submit the request.

Send the request for discharge via the chain of command to the officer exercising general court-martial jurisdiction (OEGCMJ). The member's CO must recommend approval or disapproval and certify the accuracy of the charges and enclose the proper enclosures.

The OEGCMJ is authorized to approve or disapprove such requests. The OEGCMJ may alSO order the discharge executed and direct reduction to paygrade E-3 if the member is serving in a higher paygrade.

When final action is taken, send the original request with all enclosures and endorsements to the Chief of Naval Personnel (PERS-83) for inclusion in the member's permanent record.

For additional guidance on separation processing by reason of separation in lieu of court-martial, refer to the MILPERSMAN.

SECURITY

This category permits separation of a member by reason of security when retention is clearly inconsistent with the interests of national security (for example, cases of treason or espionage).

Recommendations for separation must cite valid evidence that there is a reasonable basis for doubting the member's loyalty to the U.S. Government. When a CO determines that separation may be appropriate, obtain approval from the Chief of Naval Personnel (PERS-81) before initiating separation processing.

Characterization of service will be honorable, general, or OTH. Use the notification procedure except where circumstances warrant an OTH in which case use the administrative board procedure. The Chief of Naval Personnel (PERS-81) is the separation authority. Send the processed case by letter of transmittal to the Chief of Naval Personnel (PERS-81).

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

UNSATISFACTORY PERFORMANCE IN THE READY RESERVE

This category permits separation of inactive duty members of the Ready Reserve who are serving in the Selected Reserve for unsatisfactory participation in the Selected Reserve.

Characterization of service will be honorable, ^{general, or OTH.} Use the notification procedure. However, when characterization of OTH is warranted, use the administrative board procedures. Send the processed case by letter of transmittal to the Chief of Naval Personnel (PERS-913).

For additional guidance on separation processing by reason of unsatisfactory performance in the Ready Reserve, refer to the MILPERSMAN.