SEPARATION IN THE BEST INTEREST OF THE SERVICE

Regardless of any limitation on separations set forth in the MILPERSMAN, SECNAV may direct separation of any member at any time. In those cases where no other reason for separation is appropriate, but where separation of a member is considered to be in the best interest of the service, initiate separation processing under this article.

Characterization of service will be honorable, general, or ELS. Use the notification procedure. When separation is for this reason, the right of a member with 6 or more years of total service and Reserve service to request an administrative board is not applicable.

Send the processed case by letter of transmittal to the Chief of Naval Personnel (PERS-83).

For additional guidance on separation processing by reason of best interest of the service, refer to the MILPERSMAN.

COUNSELING

As you have learned, counseling and rehabilitation efforts are a prerequisite to the initiation of separation processing for the following bases for separation:

Convenience of the government due to parenthoodor personality disorder

Weight control failure

Entry level performance and conduct

Unsatisfactory performance

Misconduct due to minor disciplinary infractions or pattern of misconduct

DRAFTING ADMINISTRATIVE DISCHARGE WARNINGS

The counseling requirements must be accomplished by the member's parent command. If more than one entry is made, the last entry applies. Violation of the entry must have occurred before initiating administrative separation processing.

In any case that counseling is required, provide the member an opportunity to overcome his or her deficiencies. The command's efforts to counsel the member should be documented in the member's service record and must include the following information:

l Written notification about deficiencies or impairments

l Specific recommendations for corrective action, indicating any assistance that is available to the member

l Comprehensive explanation of the consequences of failure to successfully undertake the recommended corrective action

l A reasonable period of time for the member to undertake the recommended corrective action

A sample format for the counseling warning is illustrated in figure 9-2. This counseling warning may be a page 13 entry or a letter. The warning must be dated and signed by the service member. If the member refuses to sign, a notation to that effect should be made in the service record entry and signed and dated by an officer. Include a copy of the counseling warning entry or letter in the administrative separation package.

INFORMING MEMBERS OF THE MEANING AND EFFECT OF DISCHARGE WARNINGS

As stated previously, you must inform the member of the meaning and effect of the discharge warning. Inform the member as clearly and precisely as possible of his or her deficiencies and the recommended corrective action. Advise the service member of the consequences of failure to correct the deficiencies and the time period authorized to correct the deficiency. You also must inform the member that if a new UCMJ violation occurs during that period, that in and of itself violates the warning. Ask the member if he or she has any questions about the warning and, if necessary, explain all elements of the warning until the member fully understands everything.

NOTIFICATION AND ADMINISTRATIVE BOARD PROCEDURES

The two types of procedures used to effect administrative separation processing are the notification procedure and the administrative board procedure. You will use one of these procedures in every case of administrative separation that you process. We will address these procedures in further detail.

Figure 9-2.-Sample letter of counseling/warning format.

NOTIFICATION PROCEDURE

In each case of administrative separation, a member (hereafter referred to as respondent) must be notified in writing of the basis for separation processing by his or her CO or OIC. The entire notification procedure is an integral part of the separation processing and current procedures must be used.

Notice

The notice of impending administration separation processing is accomplished by means of a letter from the respondent's CO or OIC. This letter is referred to as a letter of notification. The letter of notification sets forth the specific reasons for processing and the rights of the respondent. The format letter that you will usc is contained in the MILPERSMAN, Article 3640200(5).

The original of the letter of notification is kept by the respondent and a copy is included as an enclosure to the transmittal letter requesting separation. The respondent endorses the letter by signing for receipt of it.

You should become familiar with the applicable regulations governing letters of notification so you have a clear understanding of a respondent's rights.

Counsel

Respondents have the right to consult with counsel qualified under Article 27b, UCMJ, before signing their statement of awareness except under the following circumstances:

l When the respondent is attached to a vessel or unit operating away from or deployed outside the United States or away from its overseas home port, or to a shore activity remote from judge advocate resources

l When no qualified counsel is assigned and present at the vessel, unit, or activity

l When the CO does not anticipate having access to qualified counsel from another vessel, unit, or activity for at least the next 5 days

l When the CO determines that the requirements or needs of the naval service require processing before qualified counsel will be available

Appoint nonlawyer counsel whenever qualified counsel is not available. Any appointed nonlawyer counsel will be a commissioned officer with no prior involvement in the circumstances leading to the basis of the proposed separation and no involvement in the separation process itself.

The respondent may also consult with a civilian counsel at the respondent's own expense. The respondent's use of a civilian counsel does not relieve the CO of the requirement to furnish counsel. Consultation with civilian counsel will not delay timely processing.

Response

The response of the respondent to the letter of notification is referred to as a statement of awareness.

The CO will allow a reasonable period of time of not less than 2 working days for the member to respond to the notice. An extension maybe granted on a timely showing of good cause by the respondent. The respondent's election as to each of the rights, via the statement of awareness, is recorded and signed by the respondent and witnessed by respondent's counsel, if available locally. If the respondent declines to respond to the election of rights, consider it a waiver of rights and proceed with the separation processing. The format letter that you will use is contained in the MILPERSMAN, Article 3640200(6).