Ar 600-8-24 Officer Transfers and Discharges
Ar 600-8-24 Officer Transfers and Discharges
Ar 600-8-24 Officer Transfers and Discharges
Personnel–General
Officer
Transfers and
Discharges
Headquarters
Department of the Army
Washington, DC
12 April 2006
UNCLASSIFIED
SUMMARY of CHANGE
AR 600–8–24
Officer Transfers and Discharges
o Clarifies that an officer must serve in the Armed Forces until completion of a
statutory and regulatory military service obligation (MSO) of eight years,
and that REFRAD does not terminate the MSO. An officer who requests REFRAD
before completing the 8-year MSO must complete the MSO in a Reserve Component,
or submit a resignation with a request for waiver of the MSO by the ASA (M&RA).
To waive an officer’s MSO, the ASA (M&RA) must find that the officer has no
potential for service under conditions of full mobilization (paras 2-3 and 3-
5).
o Eliminates the rules and steps for processing involuntary REFRAD due to non-
selection of VI status (paras 2-27 and 2-28 which are now paras 2-25 and 2-26).
o Eliminates the rules and steps for processing involuntary REFRAD due to
revocation of VI status (paras 2-29 and 2-30).
o Provides new rules and steps for processing an Involuntary REFRAD Due to
Civilian Criminal Conviction (para 2-33 which is now para 2-29).
o Reflects that the authority of the Secretary of the Army, or their designee,
to accept an unqualified resignation is discretionary, and not required (para
3-1).
o Clarifies that a Resignation due to Pregnancy will result in an Honorable
characterization of service. A pregnant officer whose service was not
Honorable should be separated under another provision (para 2-11).
o Eliminates the rules and steps for Resignation for the Good of the Service Due
to Homosexuality (paras 3-15 and 3-16).
o Implements provision for elimination when conviction by court martial did not
impose a punitive discharge for sexually violent offenses listed in AR 27-10,
Chapter 24 (para 4-2b).
o Clarifies the policy that allows an officer to submit a conditional waiver for
resignation or discharge in lieu of elimination (para 4-24).
o Establishes that any officer who has been the subject of any substantiated
adverse finding or conclusion from an officially documented investigation,
proceeding or inquiry (except minor traffic infractions) since the officer’s
last promotion, will have his case forwarded to the Army Grade Determination
Review Board for a grade determination under AR 15-80 to determine the highest
grade the officer satisfactorily held while on AD, provided that such
information is reflected, or should be reflected by regulation, in the
officer’s OMPF (para 6-1d).
o Clarifies the policy that allows for involuntary discharges of chaplains who
do not respond to the notification due to loss of professional qualifications
(table 5-2).
o Directs that, in accordance with 10 USC 632 (c) (1), health professions
officers who are twice non-selected for promotion will still be retained on
active duty until completion of their active duty service obligation prior to
discharge, unless sooner retired or discharged under another provision of law
(para 5-9).
o Changes the minimum time for officers to submit retirement applications from
6 to 9 months (paras 6-14b and 6-20b and c.)
o Adds retention beyond 20 years of active service policy for Reserve Component
(RC) Active Guard Reserve (AGR) officers (to include RC warrant officers) in
accordance with AR 135-18 (para 2-25a).
o Clarifies policy to reflect that RC officers must be released from active duty
at the end of the month in which they become eligible for retirement (para 2-
25g).
o Omits the Total Warrant Officer System career plan (para 2-25h).
o Changes the approval authority for USAR AGR officer voluntary retirements/
waivers form the office of the Chief, Army Reserve to Commanding General,
Human Resources Command-St Louis (para 6-14a(6)).
o Clarifies the 12-month service obligation officers incur in an overseas
command from date dependents arrive, that is if the dependents travel at the
Government’s expense (para 6-16).
o Adds new information on the rules for processing retirement in lieu of PCS
(para 6-18b)
o Adds new definitions for the terms assignment alert and probationary officer
(glossary)
This revision--
o Corrects the Summary of Change Public Law reference to 103-160 vice 103-60.
United States Army Reserves when serv- 11–2, but it does not identify key manage-
ing on active duty for a period of 30 or ment controls that must be evaluated.
more consecutive days unless otherwise
stated. Supplementation. Supplementation of
this regulation and establishment of com-
Proponent and exception authority.
mand or local forms are prohibited with-
The proponent of this regulation is the
out prior approval from the Deputy Chief
Deputy Chief of Staff, G–1. The Deputy
Chief of Staff, G–1 has the authority to of Staff, G–1, through Commander,
approve exceptions or waivers to this reg- HRC–Alexandria (AHRC–PDO–IP),
ulation that are consistent with controlling Alexandria, VA 22332–0478.
law and regulations. The Deputy Chief of Suggested improvements. Users are
Staff, G–1 may delegate this approval au-
invited to send comments and suggested
thority, in writing, to a division chief
within the proponent agency or its direct improvements on DA Form 2028 (Recom-
reporting unit or field operating agency, in mended Changes to Publications and
the grade of colonel or the civilian equiv- Blank Forms) directly to Commander,
History. This publication is a rapid action alent. Activities may request a waiver to HRC–Alexandria (AHRC–PDO–IP),
revision. The portions affected by this this regulation by providing justification Alexandria, VA 22332–0478.
rapid action revision are listed in the that includes a full analysis of the ex-
summary of change. Distribution. This publication is availa-
pected benefits and must include formal
review by the activity’s senior legal offi- ble in electronic media only and is in-
Summary. This regulation prescribes tended for command levels A, B, C, D,
policies and procedures governing transfer cer. All waiver requests will be endorsed
by the commander or senior leader of the and E for the Active Army, the Army
and discharge of Army officer personnel.
requesting activity and forwarded through National Guard of the United States, and
This regulation includes policy state-
ments, operating tasks, rules in support of their higher headquarters to the policy the United States Army Reserve.
operating tasks, and sequential steps of proponent. Refer to AR 25-30 for specific
each operating task. guidance.
Applicability. This regulation applies to Army management control process.
all commissioned and warrant officers of This regulation contains management con-
the Active Army, the Army National trol provisions in accordance with AR
Guard of the United States, and the
Chapter 1
Introduction, page 1
Section I
Overview, page 1
Purpose • 1–1, page 1
References • 1–2, page 1
Explanation of abbreviations and terms • 1–3, page 1
Statutory authority • 1–4, page 1
Responsibilities • 1–5, page 1
Manpower requirements • 1–6, page 1
Levels of work • 1–7, page 1
UNCLASSIFIED
Contents—Continued
Section II
Principles and Standards, page 2
Principles of support • 1–10, page 2
Standards of service • 1–11, page 2
Section III
Scope, page 3
Eligibility for voluntary separation • 1–12, page 3
Counseling • 1–13, page 3
Separation pay • 1–14, page 4
Leave • 1–15, page 4
Recoupment • 1–16, page 4
An officer under investigation or pending court-martial • 1–17, page 4
An officer awaiting appellate review of adjudged dismissal or dishonorable discharge • 1–18, page 4
Action required prior to involuntary separation or under other than honorable discharge of personnel with access to
sensitive programs • 1–19, page 5
Reassignment of an officer pending involuntary separation • 1–20, page 5
Termination of appointment (ADL officer only) • 1–21, page 5
Types of administrative discharge/character of service • 1–22, page 5
Medical examination/retention • 1–23, page 6
Referral for physical disability evaluation • 1–24, page 7
Indebtedness • 1–25, page 7
Return from overseas • 1–26, page 7
Assignment of personnel to a U.S. Army transition point/transition activity • 1–27, page 7
Separation requests/actions for Reserve Component • 1–28, page 8
Separating an officer in a foreign country • 1–29, page 8
An officer confined pursuant to the sentence in a foreign court • 1–30, page 8
Separation while under investigation or sentenced but not confined by a foreign court • 1–31, page 8
Discharge based on conscientious objection • 1–32, page 9
Interservice transfer of Army commissioned officers on the active duty list • 1–33, page 9
Chapter 2
Release from Active Duty of Reserve Component Commissioned and Warrant Officers, page 9
Section I
Introduction, page 9
Scope • 2–1, page 9
Separation approval authority • 2–2, page 9
Status upon separation • 2–3, page 10
Years of service • 2–4, page 10
Section II
Task: Process Voluntary Release from Active Duty Due to Personal Reasons, page 10
Rules for processing voluntary release from active duty due to personal reasons • 2–5, page 10
Steps for processing voluntary release from active duty due to personal reasons • 2–6, page 11
Section III
Task: Process Voluntary Release from Active Duty Due to Expiration of AD Commitment, page 12
Rules for processing voluntary release from active duty due to expiration of active duty commitment • 2–7, page 12
Steps for processing voluntary release from active duty due to expiration of active duty commitment • 2–8, page 12
Section IV
Task: Process Voluntary Release from Active Duty Due to Hardship, page 12
Rules for processing voluntary release from active duty due to hardship • 2–9, page 12
Steps for processing voluntary release from active duty due to hardship • 2–10, page 13
Section V
Task: Process Voluntary Release from Active Duty Essential to National Interest, page 13
Rules for processing voluntary release from active duty essential to national interest • 2–11, page 13
Steps for processing voluntary release from active duty essential to national interest • 2–12, page 14
Section VI
Task: Process Voluntary Release from Active Duty Due to Pregnancy, page 14
Rules for processing voluntary release from active duty due to pregnancy • 2–13, page 14
Steps for processing voluntary release from active duty due to pregnancy • 2–14, page 16
Section VII
Task: Process Voluntary Release from Active Duty of an Obligated Officer to Attend School, page 16
Rules for processing voluntary release from active duty of an obligated officer to attend school • 2–15, page 16
Steps for processing voluntary release from active duty of an obligated officer to attend school • 2–16, page 17
Section VIII
Task: Process Voluntary Release from Active Duty of a United States Army Reserve Warrant Officer for Entry on AD
as a USAR Commissioned Officer, page 18
Rules for processing voluntary release from active duty of a United States Army warrant officer for entry on active
duty as a United States Army Reserve commissioned officer • 2–17, page 18
Steps for processing voluntary release from active duty of a United States Army Reserve warrant officer for entry on
active duty as a United States Army Reserve commissioned officer • 2–18, page 18
Section IX
Task: Process Voluntary Release from Active Duty for an Officer of a Medical Holding Detachment, page 18
Rules for processing voluntary release from active duty for an officer of a medical holding detachment • 2–19,
page 18
Steps for processing voluntary release from active duty for an officer of a medical holding detachment • 2–20,
page 19
Section X
Task: Process Involuntary Release from Active Duty Due to Maximum Age, page 19
Rules for processing involuntary release from active duty due to maximum service • 2–21, page 19
Steps for processing involuntary release from active duty due to maximum age • 2–22, page 21
Section XI
Task: Process Involuntary Release from Active Duty Due to Maximum Service, page 21
Rules for processing involuntary release from active duty due to maximum service • 2–23, page 21
Steps for processing involuntary release from active duty due to maximum service • 2–24, page 23
Section XII
Task: Process Involuntary Release from Active Duty Due to Nonselection of Active Guard Reserve Continuation,
page 24
Rules for processing involuntary release from active duty due to nonselection of active guard reserve continuation
• 2–25, page 24
Steps for processing involuntary release from active duty due to nonselection of active guard reserve continuation
• 2–26, page 24
Section XIII
Task: Process Involuntary Release from Active Duty by the Department of the Army Active Duty Board, page 24
Rules for processing involuntary release from active duty by the Department of the Army Active Duty Board • 2–27,
page 24
Steps for processing involuntary release from active duty by the Department of the Army Active Duty Board • 2–28,
page 27
Section XV
Task: Process Involuntary Release from Active Duty Due to Civilian Criminal Conviction, page 27
Rules for processing involuntary release from active duty due to civilian criminal conviction • 2–29, page 27
Steps for processing involuntary release from active duty due to civilian criminal conviction • 2–30, page 28
Section XVI
Task: Process Involuntary Release from Active Duty Pending Appellate Review, page 29
Rules for processing involuntary release from active duty pending appellate review • 2–31, page 29
Steps for processing involuntary release from active duty pending appellate review • 2–32, page 29
Section XVII
Task: Process Involuntary Release from Active Duty and Termination of Reserve Appointments of Student Officers
and Warrant Officers Attending Branch Orientation, Familiarization Courses, or Warrant Officer Basic Course
(WOBC), page 30
Rules for processing involuntary release from active duty and termination of Reserve appointments of student officers
and warrant officers attending branch orientation, familiarization courses, or Warrant Officer Basic Course • 2–33,
page 30
Steps for processing involuntary release from active duty and termination of Reserve appointments of student officers
and warrant officers attending branch orientation, familiarization courses, or Warrant Officer Basic Course • 2–34,
page 30
Section XVIII
Task: Process Involuntary Early Release of Army National Guard of the United States and United States Army
Reserve Officers on Active duty for Training, Active Duty for Special Work, and Temporary Tours of Active Duty,
page 31
Rules for processing involuntary early release of Army National Guard of the United States and United States Army
Reserve officers on active duty for training, active duty for special work, and temporary tours of active duty
• 2–35, page 31
Steps for processing involuntary early release of Army National Guard of the United States or United States Army
Reserve officers on active duty training, active duty for special work, and temporary tours of active duty • 2–36,
page 32
Section XIX
Task: Process Involuntary Release from Active Duty Due to Failure of Selection for Permanent Reserve Promotion,
page 33
Rules for processing involuntary release from active duty due to failure of selection for permanent Reserve
promotion • 2–37, page 33
Steps for processing involuntary release from active duty due to failure of selection for permanent Reserve promotion
• 2–38, page 33
Chapter 3
Resignations, page 40
Section I
Scope, page 40
Introduction • 3–1, page 40
Withdrawal of resignation • 3–2, page 41
Notification to finance and accounting officer • 3–3, page 41
Routing • 3–4, page 41
Section II
Task: Process Unqualified Resignation, page 42
Rules for processing unqualified resignation • 3–5, page 42
Section III
Task: Process Resignation for the Purpose of Enlistment/Reenlistment in the Active Army, page 43
Rules for processing resignation for the purpose of enlistment/reenlistment in the Active Army • 3–7, page 43
Steps for processing resignation for the purpose of enlistment/reenlistment in the Active Army • 3–8, page 44
Section IV
Task: Process Resignation of an Officer who did not meet Medical Fitness Standards when Appointed, page 44
Rules for processing resignation of an officer who did not meet medical fitness standards when appointed • 3–9,
page 44
Steps for processing resignation of an officer who did not meet medical fitness standards when appointed • 3–10,
page 45
Section V
Task: Process Resignation Due to Pregnancy, page 45
Rules for processing resignation due to pregnancy • 3–11, page 45
Steps for processing resignation due to pregnancy • 3–12, page 46
Section VI
Task: Process Resignation for the Good of the Service in Lieu of General Court-Martial, page 47
Rules for processing resignation for the good of the Service in lieu of general court-martial • 3–13, page 47
Steps for processing redesignation for the good Service in lieu of general court-martial • 3–14, page 47
Chapter 4
Eliminations, page 53
Section I
Scope, page 53
Overview • 4–1, page 53
Reasons for elimination • 4–2, page 53
Medical condition • 4–3, page 54
Limitations • 4–4, page 55
Separation date • 4–5, page 55
Section II
Boards, page 56
Board of Inquiry • 4–6, page 56
Board membership • 4–7, page 56
President of the Board of Inquiry • 4–8, page 57
Recorder of the Board of Inquiry • 4–9, page 57
Legal advisor • 4–10, page 58
Respondent • 4–11, page 58
Respondent’s counsel • 4–12, page 59
Witnesses • 4–13, page 59
Spectators • 4–14, page 59
Conclusion of hearing • 4–15, page 59
Actions concerning Board of Inquiry defects • 4–16, page 61
Board of review • 4–17, page 61
Section III
Task: Process Elimination of a Nonprobationary Officer, page 62
Rules for processing an elimination of a nonprobationary officer • 4–18, page 62
Steps for processing an elimination of a nonprobationary officer • 4–19, page 62
Section IV
Task: Process Elimination of a Probationary Officer, page 65
Rules for processing an elimination of a probationary officer • 4–20, page 65
Steps for processing an elimination of a probationary officer • 4–21, page 66
Section V
Task: Process Elimination of an Officer for Homosexual Conduct, page 67
Rules for processing an elimination of an officer for homosexual conduct • 4–22, page 67
Steps for processing an elimination of an officer for homosexual conduct • 4–23, page 68
Section VI
Task: Process an Option that an Officer Elects while Elimination Action Is Pending, page 70
Rules for processing an option that an officer elects while elimination action is pending • 4–24, page 70
Steps for processing an option that officer elects while elimination action is pending • 4–25, page 70
Chapter 5
Miscellaneous Types of Separations, page 85
Section I
Scope, page 85
Overview • 5–1, page 85
Authority • 5–2, page 85
Section II
Task: Process Separation of an Officer due to Lack of Jurisdiction, page 85
Rules for processing separation of an officer due to lack of jurisdiction • 5–3, page 85
Steps for processing separation of an officer due to lack of jurisdiction • 5–4, page 85
Section III
Task: Process Discharge of Active Duty List Chaplain who Loses Professional Qualifications due to the Withdrawal
of Ecclesiastical Endorsement, page 85
Rules for processing discharge of an active duty list chaplain who loses professional qualifications due to a
withdrawal of ecclesiastical endorsement • 5–5, page 85
Steps for processing discharge of an active duty list chaplain who loses professional qualifications due to a
withdrawal of ecclesiastical endorsement • 5–6, page 86
Section IV
Task: Process Separation of an Officer who does not Consent to Recall to Active Duty from Temporary Disability
Retired List, page 86
Rules for processing separation of an officer who does not consent to recall to active duty from the Temporary
Disability Retired List • 5–7, page 86
Steps for processing separation of an officer who does not consent to recall to active duty from the Temporary
Disability Retired List • 5–8, page 86
Section V
Task: Process Separation of Commissioned Officers and Chief Warrant Officers who are Twice Nonselected for
Active Duty List Promotion by an HQDA Centralized Board, page 87
Rules for processing separation of commissioned officers and chief warrant officers who are twice nonselected for
active duty list promotion by an HQDA centralized board • 5–9, page 87
Steps for processing separation of commissioned officers and chief warrant officers who are twice nonselected for
active duty list promotion by an HQDA centralized board • 5–10, page 87
Section VI
Task: Process Separation of an Officer due to Nonselection of a Field Promotion, page 88
Rules for separation of an officer due to nonselection of a field promotion • 5–11, page 88
Steps for processing separation of an officer due to nonselection of a field promotion • 5–12, page 88
Section VII
Task: Process Separation of an Officer due to Conviction by Foreign Tribunal, page 88
Rules for processing separation of an officer due to conviction by foreign tribunal • 5–13, page 88
Steps for processing the separation of an officer due to conviction by foreign tribunal • 5–14, page 89
Section VIII
Task: Process an Officer who is Dropped from the Army Rolls, page 89
Rules for processing an officer who is dropped from the Army rolls • 5–15, page 89
Steps for processing an officer who is dropped from the Army rolls • 5–16, page 89
Section IX
Task: Process Dismissal of an Officer due to General Courts-Martial Proceedings, page 90
Rules for processing dismissal of an officer due to general courts-martial proceedings • 5–17, page 90
Steps for processing dismissal of an officer due to general courts-martial proceedings • 5–18, page 90
Chapter 6
Retirements, page 92
Section I
Overview, page 92
The officer retirement program • 6–1, page 92
Computation of service • 6–2, page 93
Retirement order • 6–3, page 93
Career recognition • 6–4, page 94
Retirement location • 6–5, page 94
Medical examination • 6–6, page 94
Hospitalization/Physical Evaluation Board • 6–7, page 94
Retirement status • 6–8, page 94
Residence and travel abroad • 6–9, page 95
Advancement of an Active Army warrant officer to a higher grade • 6–10, page 95
Restoration of an Active Army warrant officer to a former grade • 6–11, page 95
Permanent professors of the United States Military Academy • 6–12, page 95
Section II
Voluntary Retirements, page 95
Approval authority • 6–13, page 95
Service for determining retirement eligibility • 6–14, page 96
Service obligations • 6–15, page 96
Voluntary retirement in lieu of mandatory retirement or in conjunction with the scheduled release from active duty
• 6–16, page 97
Section III
Task: Process Retirement in Lieu of Permanent Change of Station, page 97
Rules for processing retirement in lieu of permanent change of station • 6–17, page 97
Steps for processing retirement in lieu of permanent change of station • 6–18, page 97
Section IV
Task: Process Voluntary Retirement Application, page 98
Rules for processing a voluntary retirement application • 6–19, page 98
Steps for processing a voluntary retirement application • 6–20, page 98
Section V
Task: Process a Retirement Withdrawal or a Change in the Retirement Date, page 100
Rules for processing a retirement withdrawal or a change in the retirement date • 6–21, page 100
Steps for processing a retirement withdrawal or a change in the retirement date • 6–22, page 100
Section VI
Mandatory Retirement, page 100
Scope • 6–23, page 100
Service for mandatory retirement • 6–24, page 101
Section VII
Task: Process Mandatory Retirement Due to Maximum Age, page 101
Rules for processing mandatory retirement due to maximum age • 6–25, page 101
Steps for processing mandatory retirement due to maximum age • 6–26, page 101
Section VIII
Task: Process Mandatory Retirement due to Maximum Service, page 102
Rules for processing mandatory retirement due to maximum service • 6–27, page 102
Steps for processing mandatory retirement due to maximum service • 6–28, page 102
Section IX
Task: Process Selective Early Retirement/Selective Retirement, page 103
Rules for processing selective early retirement/selective retirement • 6–29, page 103
Steps for processing selective early retirement/selective retirement • 6–31, page 104
Table List
Table 5–2: Discharge due to loss of professional qualifications due to withdrawal of ecclesiastical endorsement,
page 86
Table 5–3: Separation for failure to consent to active duty recall from Temporary Disability Retired List, page 87
Table 5–4: Twice nonselected for promotion separation (HQDA Board), page 88
Table 5–5: Field promotion nonselection separation, page 88
Table 5–6: Processing separation due to conviction by foreign tribunal, page 89
Table 5–7: Dropped from the rolls, page 90
Table 5–8: Dismissal due to general courts-martial proceedings, page 90
Table 6–1: Processing retirement in lieu of permanent change of station, page 98
Table 6–2: Processing voluntary retirement application, page 99
Table 6–3: Processing retirement withdrawal or retirement date change, page 100
Table 6–4: Processing mandatory retirement due to maximum age, page 101
Table 6–5: Processing mandatory retirement due to maximum service, page 103
Table 6–6: Processing selective early retirement/selective retirement, page 104
Figure List
Section I
Overview
1–1. Purpose
This regulation prescribes the officer transfers from active duty to the Reserve Component (RC) and discharge
functions for all officers on active duty for 30 days or more. It provides principles of support, standards of service,
policies, tasks, rules, and steps governing all work required to support officer transfers and discharges.
1–2. References
Required and related publications and prescribed and referenced forms are listed in appendix A.
1–5. Responsibilities
a. The Deputy Assistant Secretary of the Army–Review Boards (DASA-RB) will act as the Secretary of the Army’s
designee in probationary officer eliminations, resignations, and discharges in lieu of elimination (RILE and DILE),
resignations for the good of the service in lieu of court-martial (RFGOS), Boards of Review (BOR) in accordance with
a delegation of authority by the Secretary of the Army. This regulation does not constitute a separate delegation of
authority by the Secretary of the Army to the DASA-RB, but rather provides guidance in the administrative execution
of that delegated authority by the Army Review Boards Agency (ARBA).
b. The Deputy Chief of Staff, G–1 (DCS, G–1) will establish personnel policies relating to officer transfers and
discharges.
c. The Commanding General (CG), Human Resources Command, will establish standards and operating tasks for the
officer transfer and discharge program.
d. The Judge Advocate General (TJAG) will, upon request, review Department of the Army (DA) administrative
changes to verify the legality of prescribed policies and changes.
e. The Commandant, Adjutant General School, will ensure lesson programs of instruction incorporate the provisions
of this regulation.
f. Commanders of all major Army commands (MACOMs) will monitor the administration of the officer transfer and
discharge program to ensure compliance with the policies and operating tasks established by this regulation.
Section II
Principles and Standards
Section III
Scope
1–13. Counseling
a. When a commissioned officer (except for chaplains, judge advocates, and Army Medical Department (AMEDD)
personnel) with less than 10 years active Federal commissioned service (AFCS) submits a request for a voluntary
REFRAD under chapter 2 or an unqualified resignation under chapter 3, the first colonel in the officer’s chain of
command or supervision will counsel the officer (this is only required when listed in the appropriate table). The judge
advocates, chaplains, and AMEDD officers will be counseled by a senior officer of their branch in the chain of
technical supervision or as specifically designated by their branch. If the officer is an RC officer on the active-duty list
(ADL) or an AGR officer, and the officer is one-time non-select for promotion, then the requirement for counseling is
waived.
b. Counseling will include—
(1) Advice concerning the opportunities available in a military career.
(2) A discussion of the officer’s previously achieved investment in the Army.
(3) A determination as to whether the officer has satisfied all applicable service obligations, as computed by HRC.
(4) A determination that the officer is not under investigation or charges, awaiting results of trial, or being
considered for administrative elimination.
(5) A determination that the officer is not AWOL, in the confinement of civil authorities, suffering from a severe
mental disease or defect, or in default in respect to public property or public funds.
(6) Advice encouraging a Regular Army (RA) officer to accept an appointment in the USAR. An RC officer will be
encouraged to retain commissioned status in the USAR.
(7) Information concerning USAR career opportunities may be obtained from agencies listed in table 1–1.
1–15. Leave
Commanders may grant leave in accordance with AR 600–8–10 in conjunction with an officer’s separation. However,
this leave must be taken prior to the effective date of separation.
1–16. Recoupment
Individuals who participate in certain advanced education programs and fail to complete their educational requirements
or military service obligations (Active Army and/or RC) are subject to the recoupment provisions of AR 37–104–4,
chapter 31. This must be accomplished prior to separation of an individual who has not fulfilled the ADSO incurred as
a result of participation in that advanced education program, in accordance with applicable law and regulations.
1–25. Indebtedness
An officer will not be retained on AD to satisfy an indebtedness to the Government or for collection of forfeitures
adjudged by court-martial. The officer’s final separation order will indicate the total amount of unpaid indebtedness
and forfeitures due the Government on the REFRAD date (see the DODPM).
1–31. Separation while under investigation or sentenced but not confined by a foreign court
a. Only after final action by the foreign country can the following officers be considered for separation under
paragraphs 1–29 and 1–30, whichever is appropriate.
(1) An officer whose sentence to confinement by a foreign court is not suspended and who is not confined pending
appellate action.
1–33. Interservice transfer of Army commissioned officers on the active duty list
Process according to AR 614–120.
Chapter 2
Release from Active Duty of Reserve Component Commissioned and Warrant Officers
Section I
Introduction
2–1. Scope
This chapter sets forth the tasks, rules, and steps for the release from active duty (REFRAD) of RC officers and
officers of the Army of the United States without specification of component, including those assigned to other than
Department of the Army agencies.
Section II
Task: Process Voluntary Release from Active Duty Due to Personal Reasons
2–5. Rules for processing voluntary release from active duty due to personal reasons
a. If eligible under the criteria prescribed below, an officer may request REFRAD (see fig 2–1) whenever such
action is considered appropriate. Unless specified otherwise in this paragraph, application for REFRAD will be
submitted not earlier than 12 months or no later than 6 months before the desired release date or beginning date of
transition leave, whichever is the earliest. The officer’s immediate (or higher) commander/supervisor may waive the
6–month requirement if the needs of the Army are met through a change in mission requirement or the assignment of a
replacement officer.
b. To be eligible for REFRAD under this section, an officer must have—
(1) Completed the current period of service required by law or the minimum period required by the program that
placed the officer on AD as a commissioned or warrant officer.
(2) Completed 1 year of current AD commitment, unless such commitment was submitted and approved with
stipulations of AR 135–215 or AR 140–30 for AGR officers that authorize earlier REFRAD.
(3) Fulfilled the following additional service requirements, as applicable:
(a) Officers who have departed the CONUS normally will be required to complete the current prescribed tour for
the areas of assignment as specified in AR 614–30, unless returned earlier under existing policies.
(b) Officers who have attended service schools or civilian educational institutions or participated in special training
for which a utilization tour is required, or who have received continuation or accession pay, normally will complete the
2–6. Steps for processing voluntary release from active duty due to personal reasons
The steps required for processing voluntary REFRAD due to personal reasons are as shown in table 2–1.
Table 2–1
Processing voluntary REFRAD for personal reasons
Step Work center Required action
1 SLDR Submits REFRAD request (fig 2–1) for personal reasons to commander within the time frame es-
tablished in the above rules.
2 SACT Processes the request. Ensures counseling is accomplished as stated in paragraph 1–12. The re-
BN S–1 quest will include—
a. The officer’s reason for requesting REFRAD.
b. A brief synopsis of the counseling session (para 1–12).
c. Then date the officer reported on the current tour of AD; type, effective date, and date of ter-
mination of current AD commitment.
d. Whether officer is occupying a “key” position and a replacement is required.
e. Whether services of the officer have been such as to entitle him or her to be released from
AD under honorable conditions.
f. Whether medical board or PEB proceedings are pending or appropriate.
g.Whether the officer is currently undergoing a course of instruction that will result in an ADSO
upon completion or termination. Specify course title, beginning and closing dates, and ADSO in-
curred.
h. Whether responsible for public property or funds.
i. Recommendation for approval or disapproval and character of service. Include complete justi-
fication when approval is recommended and the officer has not fulfilled an ADSO. Also include jus-
tification for disapproval.
j. Statement that the officer is not under investigation or charges, awaiting result of trial, being
considered for administrative elimination, AWOL, or under the control of civil authorities.
k. Date officer departed CONUS or other area of residence for OCONUS assignment. Date of
arrival of dependents, whether at Government or personal expense, whether logistical support was
furnished, and the rotation date, if applicable.
3 BN S–1 a. Reviews and makes recommendation. Request will be forwarded by commanders exercising
C&S GCMCA jurisdiction and commanders at a comparable level of command to CDR,
HRC–Alexandria (AHRC–OPD–A), for final action or to ATTN HQDA (DAJA–PT), THE JUDGE
ADVOCATE GENERAL, 2200 ARMY PENTAGON, WASH DC 20310–2200; or ATTN HQDA
(DACH–PER), CHIEF OF CHAPLAINS, 2700 ARMY PENTAGON, WASH DC 20310–2700; as ap-
plicable, for final action. Approved actions will be forwarded to CDR, HRC–Alexandria
(AHRC–OPD–A), for separation message processing.
b. For USAR AGR officers, the commander exercising general court-martial (GCM) authority
and commanders at a comparable level of command will send requests to CDR, HRC–St. Louis
(AHRC–AR), for final action/separation processing.
4 SACT Receives separation instructions and separates the officer. Final release orders and separation
(TP/TA) forms will cite regulatory authority and SPD as shown in AR 635–5–1.
Section III
Task: Process Voluntary Release from Active Duty Due to Expiration of AD Commitment
2–7. Rules for processing voluntary release from active duty due to expiration of active duty
commitment
a. Applications for REFRAD will be submitted not earlier than 12 months or less than 6 months before the desired
release date or beginning date of transition leave, whichever is the earliest. The officer’s immediate (or higher)
commander/supervisor may waive the 6–month requirement if the needs of the Army are met through a change in
mission requirement or the assignment of a replacement officer.
b. The SAA will forward separation instructions to the appropriate PSC/MPD and ensure that an officer under
jurisdiction is released as scheduled.
c. An officer not under the jurisdiction of a commander having SAA will be reported to HRC–Alexandria
(AHRC–OPD–A) not later than 60 calendar days prior to scheduled date of REFRAD. USAR AGR officers will be
reported to HRC–St. Louis (AHRC–AR) or HRC–Alexandria (AHRC–OPD–A) (or HRC–St. Louis (AHRC–AR) for
USAR AGR officers) will forward separation instructions to the appropriate PSC/MPD.
2–8. Steps for processing voluntary release from active duty due to expiration of active duty
commitment
The steps required for processing an officer’s voluntary REFRAD on expiration of AD commitment are as shown in
table 2–2.
Table 2–2
Processing voluntary REFRAD due to expiration of AD commitment
Step Work center Required action
Section IV
Task: Process Voluntary Release from Active Duty Due to Hardship
2–9. Rules for processing voluntary release from active duty due to hardship
a. An officer may be released from AD due to extreme personal or family hardship. Hardship exists when in
circumstances involving death or disability of a member of the Soldier’s (or spouse’s) immediate family, separation
from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. The
officer must clearly establish that one of the following applies:
(1) The hardship is permanent and did not exist prior to entry on AD.
(2) If the hardship existed prior to entry on AD, the condition has since intensified and can only be alleviated by
separating from AD.
(3) Upon REFRAD the officer will be able to eliminate or materially alleviate the condition.
2–10. Steps for processing voluntary release from active duty due to hardship
The steps required for processing voluntary REFRAD due to hardship are shown in table 2–3.
Table 2–3
Processing voluntary release from active duty due to hardship
Step Work center Required action
1 SLDR Submits REFRAD request (fig 2–1) for hardship with supporting documents to commander 90 cal-
endar days prior to the requested release date.
2 SACT Processes the request. Ensures counseling is accomplished as stated in paragraph 1–12. The re-
BN S–1 quest will include—
a. The officer’s reason for requesting hardship REFRAD.
b. A brief synopsis of the counseling session (para 1–12).
c. Date officer reported on current tour of AD; type, effective date, and date of termination of
current AD commitment.
d. Whether officer is occupying a“key” position and a replacement is required.
e. Whether services of the officer have been such as to entitle him or her to be released from
AD under honorable conditions.
f. Whether medical board or PEB proceedings are pending or appropriate.
g. Whether the officer is currently undergoing a course of instruction that will result in an ADSO
upon completion or termination. Specify course title, beginning and closing dates and ADSO in-
curred.
h. Whether responsible for public property or funds.
i. Recommendation for approval or disapproval and characterization of service. Include com-
plete justification when approval is recommended and the officer has not fulfilled an ADSO. Also
include justification for disapprovals.
j. Statement that the officer is not under investigation or charges, awaiting result of trial, being
considered for administrative elimination, AWOL, or under the control of civil authorities.
k.Date officer departed CONUS or other area of residence for OCONUS assignment. Date of ar-
rival OCONUS of dependents, whether at Government or personal expense, whether logistical
support was furnished and the rotation date, if applicable.
3 BN S–1 Reviews and makes recommendation. Forwards the request through channels, as appropriate, to
C&S HRC–Alexandria (AHRC–OPD–A) for final action or to HQDA (DAJA–PT) or HQDA (DACH–PER),
as applicable, for final action. A request submitted by an officer temporarily in CONUS from an
OCONUS command will be forwarded directly to HRC–Alexandria (AHRC–OPD–A), HQDA
(DAJA–PT), or HQDA (DACH–PER), as applicable, for final action.
4 SACT Receives separation instructions and separates the officer. Final release orders and separation
(TP/TA) forms will cite regulatory authority and SPD as shown in AR 635–5–1.
Section V
Task: Process Voluntary Release from Active Duty Essential to National Interest
2–11. Rules for processing voluntary release from active duty essential to national interest
a. An officer may request REFRAD (see fig 2–1) to provide more valuable service (in civilian capacity) to the
nation. The request must be motivated by national interest and not personal desire.
b. An officer elected or appointed to Congress will be released without application.
c. An officer appointed to a Federal Court or Federal or State public office or elected to a public office of a State
may be released from AD on written request, provided the evidence establishes that the office to which appointed or
elected requires full-time service. Officers commissioned through a funded program (for example, AMEDD, FLEP,
USMA, ROTC, or special procurement programs), will not be released until completion of that initial Service school
obligation.
2–12. Steps for processing voluntary release from active duty essential to national interest
The steps required for processing voluntary REFRAD that is essential to national interest are as shown in table 2–4.
Table 2–4
Processing voluntary REFRAD that is essential to national interest
Step Work center Required action
1 SLDR Submits essential to national interest REFRAD request (fig 2–1) with supporting documents to
commander.
2 SACT Processes the request. Ensure counseling is accomplished as stated in paragraph 1–12. The re-
BN S–1 quest will include—
a.Name of firm or agency or enterprise with which applicant will be associated, product manu-
factured or services, title and description of position to be filled, and applicant’s qualifications for
the position.
b. Applicant’s connection with the activity prior to military service.
c. Documentation from appropriate officials substantiating a andb, above and the need for the
services and indicating the latest date position must be filled.
d.Certification from appropriate civil official when an officer is appointed to a Federal Court or
Federal or State public office or elected to a public office of a State. Certification will state the of-
fice to which the officer has been elected or appointed and whether such office requires full-time
service.
e. A brief synopsis of the counseling session (para 1–12).
f. Date officer reported on current tour of AD; type, effective date, and date of termination of cur-
rent AD commitment.
g. Whether officer is occupying a “key” position and a replacement is required.
h. Whether medical board or PEB proceedings are pending or appropriate.
i. Whether the officer is currently undergoing a course of instruction that will result in an ADSO
upon completion or termination. Specify course title, beginning and closing dates, and ADSO in-
curred.
j. Whether responsible for public property or funds.
k. Recommendation for approval or disapproval and characterization of service. Also include
complete justification when approval is recommended and the officer has not fulfilled an ADSO
and justification for disapproval.
l. Statement that the officer is not under investigation or charges, awaiting result of trial, being
considered for administrative elimination, AWOL, or under the control of civil authorities.
m. Date officer departed CONUS or other area of residence for OCONUS assignment. Date of
arrival OCONUS of dependents, whether at Government or personal expense, whether logistical
support was furnished and the rotation date, if applicable.
3 BN S–1 Reviews and makes recommendation. Forwards the request through channels, as appropriate, to
C&S HRC–Alexandria (AHRC–OPD–A) for final action or to HQDA (DAJA–PT) or HQDA (DACH–PER),
as applicable, or to HRC–St. Louis (AHRC–AR) (for USAR AGR officers) for final action. The SAA
is to forward such a request to HRC–Alexandria (AHRC–OPD–A), HQDA (DAJA), or HQDA
(DACH), as applicable.
4 SACT Receives separation instructions and separates the officer. Final release orders and separation
(TP/TA) forms will cite regulatory authority and SPD as shown in AR 635–5–1.
Section VI
Task: Process Voluntary Release from Active Duty Due to Pregnancy
2–13. Rules for processing voluntary release from active duty due to pregnancy
a. A commander with SAA may release an RC officer who requests REFRAD because of pregnancy provided the
officer has no ADSO. This authority may not be further delegated. When the SAA approves the REFRAD, release
instructions will be forwarded to the appropriate PSC/MPD. Should the SAA disapprove the REFRAD request, he or
she will make a recommendation to include justification and forward the request to HRC–Alexandria (AHRC–OPD–A)
HQDA (DAJA–PT), HQDA (DACH–PER), or HRC–St. Louis (AHRC–AR), as applicable, for final action.
b. For an officer not under the jurisdiction of a commander having SAA, the approval authority is CG, HRC, or
TJAG or the DACH (or CDR, HRC–St. Louis (AHRC–AR) for USAR AGR officers). On approved applications,
HRC–Alexandria (AHRC–OPD–A) (or HRC–St. Louis (AHRC–AR) for USAR AGR officers) will forward REFRAD
instructions to the appropriate PSC/MPD.
Table 2–5
Voluntary release from active duty due to pregnancy
Step Work center Required action
1 SLDR Informs her commander that she is pregnant and furnishes supporting documentation.
2 SACT On confirmation of an officer’s pregnancy, C&S will advise the officer of the following rights and re-
BN S–1 sponsibilities:
a. Option to remain on AD or to request separation.
b. Entitlement to maternity care even if separated (AR 40–400).
c. Provisions for leave and absence during and after pregnancy (AR 600–8–10).
d. Provisions for maternity clothing.
e. Policy governing availability for worldwide assignment (AR 614–30).
f. Local policies governing entitlements to basic allowance for subsistence (BAS) and assign-
ment to Government family quarters, to include when and how she would be eligible.
g. Policies governing assignment OCONUS (AR 614–30). If accompanied by dependent(s), re-
quirement to make suitable arrangements for the unaccompanied evacuation of the dependent(s)
in an emergency situation (for example, mobilization).
h. On PCS, the Government will pay for the child’s transportation only when—
(1) Traveling to, from, or between OCONUS permanent stations when the officer serves or has
been approved to serve a “with dependents” tour and her child is command-sponsored.
(2) Traveling to an OCONUS station, the officer must have approval of the OCONUS com-
mander for concurrent travel of the child.
i. Availability of legal assistance counseling concerning paternity laws governing child support, if
applicable.
j. If she remains on AD, the necessity of careful planning for her child’s care without sacrifice of
her military responsibilities. She must consider—
(1) Who will care for the child during duty hours, alerts, field duty, and roster duty. Consideration
should be given to child care cost.
(2) Plans for housing, access to duty, transportation arrangements and availability of telephone.
(3) Consideration of financial obligations that will accrue for child care, housing, transportation
and other emergency needs and how these obligations will be met.
k. Provisions for submission of a dependent care statement of counseling on the birth of the
child.
l. Provisions authorizing separation of an officer whose substandard performance of duty is not
solely attributable to the condition of pregnancy.
3 BN S–1 Sign the Pregnancy Counseling Statement and file in the officer’s MPF (fig 2–2).
C&S
4 SLDR Submits REFRAD request (fig 2–1) if she so desires.
5 SACT Process the request. Ensures counseling has been accomplished (step 2). The request will in-
BN S–1 clude—
a. A brief synopsis of the counseling session.
b. Date officer reported on current tour of AD; type, effective date, and date of termination of
current AD commitment.
c. Whether officer is occupying a “key”position and if a replacement is required.
d. Whether medical board or PEB proceedings are pending or appropriate.
e.Whether the officer is currently undergoing a course of instruction that will result in an ADSO
upon completion or termination. Specify course title, beginning and closing dates, and service obli-
gations incurred.
f. Whether responsible for public property or funds.
g. Recommendation for approval or disapproval and character of service. Include complete justi-
fication when approval is recommended and the officer has not fulfilled an ADSO. Also include jus-
tification for disapprovals.
h. Statement that the officer is not under investigation or awaiting result of trial, being consid-
ered for administrative elimination, AWOL, or under the control of civil authorities.
i. Date officer departed CONUS or other areas of residence for OCONUS assignment. Date of
arrival of dependents, whether at Government expense, whether logistical support was furnished,
and the rotation dates if applicable.
6 BN S–1 Reviews the case and makes recommendation (if disapproval is recommended, justification must
C&S be provided).
a. For when an officer who is under an SAA, the request will be forwarded through channels to
the SAA for approval. Should the SAA elect not to approve the request, the SAA will make a rec-
ommendation, including justification, and forward the request as indicated in b, below for final ac-
tion. If appropriate, the SAA will provide release instructions to the PSC/MPD and forward a copy
of the action to HRC–Alexandria (AHRC–OPD–A), HQDA (DAJA–PT), or HQDA (DACH–PER), as
applicable.
b. For an officer not under an SAA, or when the SAA recommends disapproval, the request will
be forwarded through channels to HRC–Alexandria (AHRC–OPD–A) for final action or to HQDA
(DAJA–PT) or HQDA (DACH–PER), as applicable, for final action.
c. For USAR AGR officers forward through channels to HRC–St. Louis (AHRC–AR) for final ac-
tion.
7 SACT Receives separation instructions and separates the officer. Final release orders and forms will cite
(TP/TA) regulatory authority and SPD as shown in AR 635–5–1.
d. An officer who is commissioned through a funded program or a training recipient (for example, AMEDD, FLEP,
USMA, ROTC, or special procurement programs) will not be released until completion of that initial Service school
obligation. An officer serving under a contractual agreement, such as but not limited to incentive special pay, medical
additional special pay, medical officer retention bonus, or nurse accession bonus, will not be released until completion
of the service obligation. In addition, an officer will not be released from AD until the compulsory obligation acquired
as a result of completing flight school is served. However, when extenuating circumstances exist, an officer may
request a hardship separation in accordance with paragraph 2–9.
e. An officer who remains on AD will be assigned to an area where concurrent travel of dependents is authorized
until completion of the initial service obligation.
f. If, before the REFRAD is accomplished, a medical officer determines that a pregnancy has terminated for any
reason (including birth) the authority for separation no longer exists.
g. A pregnant officer may request leave of absence per AR 600–8–10.
h. An officer may request a specific separation date. However, the separation authority and the officer’s military
physician will determine the separation date. The date must not be later than 30 calendar days before the expected date
of delivery, or the date is the latest date her military physician will authorize her to travel to her home of record or
entry on active duty location, whichever date is earlier.
i. An officer released under honorable conditions who is pregnant at the time of release is entitled to maternity care
per AR 40–400. These medical benefits are limited to care in military hospitals and do not, regardless of circum-
stances, include care obtained in civilian hospitals.
j. Characterization of service for REFRAD due to pregnancy may be characterized as honorable or under honorable
conditions.
2–14. Steps for processing voluntary release from active duty due to pregnancy
The steps required for processing voluntary REFRAD due to pregnancy are as shown in table 2–5.
Section VII
Task: Process Voluntary Release from Active Duty of an Obligated Officer to Attend School
2–15. Rules for processing voluntary release from active duty of an obligated officer to attend school
a. An officer who is serving the initial tour of AD and who is not mission essential, may request REFRAD to attend
a recognized institution of higher education. An officer who is commissioned through a funded program or a training
recipient (for example, AMEDD, FLEP, USMA, ROTC, or special procurement programs) will not be released until
completion of that initial Service school obligation. Recognized institutions are those listed (or determined eligible for
such listing) by the Department of Education. The course of instruction that the officer has requested enrollment in
must lead to an associate or higher degree.
b. A commander with SAA may approve requests with the exception of the following:
(1) AMEDD officers.
(2) The Judge Advocate General’s Corps (JAGC) officers.
(3) Chaplains.
(4) Officers requesting to attend foreign schools.
(5) Officers requesting to attend theological schools that are not listed and are not eligible for listing, in the
Education Directory, part 3.
2–16. Steps for processing voluntary release from active duty of an obligated officer to attend school
The steps required for processing voluntary REFRAD of an obligated officer to attend school are as shown in table
2–6.
Table 2–6
Voluntary release from active duty of an obligated officer to attend school
Step Work center Required action
3 BN S–1 Reviews the request, approves it, or makes recommendation, as appropriate (if disapproval is rec-
C&S ommended, provide justification).
a. For an officer who is under an SAA, the request will be forwarded through channels to the
SAA for approval (exceptions listed in para 2–15b). Should the SAA elect not to approve the re-
quest, or paragraph 2–15b applies, the SAA will make a recommendation, including justification for
disapproval and forward the request as stated in b below for final action. If appropriate, the SAA
will provide release instructions to PSC/MPD and forward a copy of the action to HRC–Alexandria
(AHRC–OPD–A), HQDA (DAJA–PT), or HQDA (DACH–PER), as applicable.
b. For an officer not under an SAA or when the SAA recommends disapproval or if paragraph
2–15b applies, the request will be forwarded through channels to HRC–Alexandria
(AHRC–OPD–A) for final action or to HQDA (DAJA–PT), or HQDA (DACH–PER), as applicable,
for final action.
4 SACT Receives separation instruction from the SAA or HRC, and separates the officer. Final release or-
(TP/TA) ders and forms will cite regulatory authority and SPD as shown in AR 635–5–1.
Section VIII
Task: Process Voluntary Release from Active Duty of a United States Army Reserve Warrant Officer
for Entry on AD as a USAR Commissioned Officer
2–17. Rules for processing voluntary release from active duty of a United States Army warrant officer
for entry on active duty as a United States Army Reserve commissioned officer
a. A commander with SAA may release a USAR warrant officer (WO) from AD (does not apply to USAR AGR)
who terminates appointment to accept an appointment as a USAR commissioned officer with concurrent AD in the
latter status. This authority may not be further delegated.
b. The officer’s release date will be the day prior to the entry date on AD as a commissioned officer.
c. The USAR WO’s REFRAD and acceptance of USAR commissioned officer status on AD will be announced by
order, per AR 600–8–105.
2–18. Steps for processing voluntary release from active duty of a United States Army Reserve
warrant officer for entry on active duty as a United States Army Reserve commissioned officer
The steps required for processing voluntary REFRAD of a USAR warrant officer for entry on AD as a USAR
commissioned officer are as shown in table 2–7.
Table 2–7
USAR warrant officer voluntary release from active duty for entry on active duty as United States Army Reserve commissioned
officer
Step Work center Required action
1 SLDR Receives appointment notification memorandum and provides the PSC/MPD a copy.
2 SACT Receives approved release notification from the SAA. Prepare appropriate separation forms per-
BN S–1 taining to the individual’s REFRAD and revocation of appointment as a WO.
3 SACT Releases the individual from AD as a WO on the day prior to the date of entry on AD as a USAR
(TP/TA) commissioned officer. Final release orders and forms will cite regulatory authority and SPD code
as shown in AR 635–5–1.
Section IX
Task: Process Voluntary Release from Active Duty for an Officer of a Medical Holding Detachment
2–19. Rules for processing voluntary release from active duty for an officer of a medical holding
detachment
a. Excluding a dual status officer or USAR AGR officer, a commander with SAA may release an officer from AD
for the convenience of the Government when the officer is assigned to a medical holding detachment and—
(1) Is serving initial obligated tour of AD (includes an officer who is commissioned through a funded program or a
training recipient (for example, AMEDD, FLEP, ROTC, or special procurement programs).
(2) Declines further retention in service or requests voluntary release.
b. This authority may not be further delegated.
2–20. Steps for processing voluntary release from active duty for an officer of a medical holding
detachment
The steps required for processing voluntary REFRAD for an officer of a medical holding detachment are as shown in
table 2–8.
Table 2–8
Voluntary release from active duty for an officer of a medical holding detachment
Step Work center Required action
Section X
Task: Process Involuntary Release from Active Duty Due to Maximum Age
2–21. Rules for processing involuntary release from active duty due to maximum service
a. An officer will be released from active duty (REFRAD) unless he or she requests voluntary retirement) on the
last day of the month in which he or she attains the following maximum ages, unless the officer’s release date is
required sooner by maximum service, or the Secretary of the Army authorizes the officer’s retention on an individual
basis:
(1) An officer of the ARNGUS assigned as Chief, National Guard Bureau will be REFRAD at age 64.
(2) Major general (or brigadier general officer recommended for permanent promotion to major general) will be
REFRAD age 62.
(3) Any other commissioned officer, other than warrant officer, will be REFRAD at age 60. An officer may be
retained on active duty (AD) until eligible for retirement if he or she is within 2 years of active service (AS) retirement
eligibility.
(4) A warrant officer who qualifies for retired pay under Chapter 1223 of Title 10, United States Code, will be
REFRAD on the last day of the month in which he or she attains age 60, unless authorized retention beyond age 60.
(5) A warrant officer, age 60 or older, who can attain 20 years of qualifying service for retired pay under Chapter
1223 of Title 10, United States Code, prior to attaining age 62, will be REFRAD on the last day of the month in which
he or she attains 20 years of qualifying service unless authorized retention.
(6) A warrant officer who cannot qualify for retired pay under Chapter 1223 of Title 10, United States Code, will be
REFRAD on the last day of the month in which he or she attains age 62.
(7) The Secretary of the Army may retain in an active status certain ARNG or USAR officers, with their consent, in
the Medical Corps, Dental Corps, Veterinary Corps, designated as an allied health officer; biomedical sciences officer
or the optometry section of the Medical Services Corps, the Army Nurse Corps, Army Medical Specialist Corps, and
the Chaplains. During the retention of the officer must fill a missions-based requirement. Retention under this provision
may not extend beyond the date on which the officer becomes 67 years of age (10 USC 14703). Request for retention
under this provision will be forwarded through channels to Chief, National Guard Bureau, NBG-ARH, 1411 Jefferson
Davis Highway, Arlington, VA 22201–3237 (for ARNG officers); Commanding Genera, Human Resource Command
(CG, HRC-Alexandria), AHRC-OPH-P, 200 Stovall Street, Alexandria, VA 22332 or CG, HRC-St. Louis, AHRC-AR,
1 Reserve Way, St. Louis, MO 53132–5200 (for USAR AGR officers).
2–22. Steps for processing involuntary release from active duty due to maximum age
The steps required for processing involuntary REFRAD due to maximum age are as shown in table 2–9.
Table 2–9
Involuntary release from active duty due to maximum age
Step Work center Required action
1 SLDR Receives maximum age release notification from HRC or HRC–St. Louis (for USAR AGR officers)
90 calendar days prior to release date. Officer may apply for retirement if eligible to be effective
not later than the scheduled release date.
2 PPAA Determines whether medical board or PEB proceedings are pending or appropriate per paragraph
1–23.
3 C&S The SAA establishes procedures ensuring separation of an officer according to individual instruc-
tions issued by HRC or HRC–St. Louis unless the officer requests voluntary retirement to be effec-
tive not later than the scheduled release date.
4 TRCT Separates or retires officer on scheduled release date. Final release orders and forms will cite
(TP/TA) regulatory authority and SPD as shown in AR 635–5–1.
Section XI
Task: Process Involuntary Release from Active Duty Due to Maximum Service
2–23. Rules for processing involuntary release from active duty due to maximum service
a. An RC officer, to include warrant officers, will be REFRAD when they complete 20 years of active service.
Commissioned officers, other than warrant officers, may request voluntary retirement under 10 USC 3911, provided
that they have 10 years of active service as a commissioned officer. Warrant officers may request voluntary retirement
under 10 USC 1293. Exceptions are as follows:
(1) An officer retained by HRC under a voluntary retention program.
(2) An officer whose service obligation extends beyond 20 years of active service.
(3) An AGR officer, to include an AGR warrant officer, whose retention beyond 20 years of active service is based
on the needs of the Army as outlined under the provisions of AR 135-18, paragraph 4-7a.
2–24. Steps for processing involuntary release from active duty due to maximum service
The steps required for processing involuntary REFRAD due to maximum service are as shown in table 2–10.
1 SLDR Receives maximum service release notification memorandum from HRC (or HRC–St. Louis for
USAR AGR officers).
2 PPAA a. Upon receipt of notification memorandum, determines whether medical board proceedings
BN S–1 are pending or appropriate under paragraph 1–23. Informs the officer that if they desire to retire
coincident with their REFRAD, or earlier, an application for retirement must be submitted. Advises
the officer that the separation will not be delayed due to nonsubmission or late submission of a re-
quest for voluntary retirement.
b. Submits requests for retention based on military necessity to CDR, HRC–Alexandria
(AHRC–OPD–A), or CDR, HRC–St. Louis (AHRC–AR), for USAR AGR officers with justification
(amount of advance notice commander had for planning and new effective date requested). Officer
will continue separation processing to preclude unnecessary hardship if the retention is not ap-
proved.
3 PPAA Separates or retires officer on scheduled release date. Final release orders and forms will cite
(TP/TA) regulatory authority and SPD as shown in AR 635–5–1.
Section XII
Task: Process Involuntary Release from Active Duty Due to Nonselection of Active Guard Reserve
Continuation
2–25. Rules for processing involuntary release from active duty due to nonselection of active guard
reserve continuation
a. An AGR officer on an initial period of duty will be separated from AD 90 calendar days after notification of
continuation board action of nonselection (AR 135–18, para 4–6) or at the end of the initial period of duty, whichever
is later, unless earlier release is requested by the officer. An AGR officer on a subsequent period of duty who is not
recommended for continuation will be released from AD 90 calendar days after notification of continuation board
action unless earlier release is requested by the officer.
b. For AGR officers who are not recommended for continuation, Chief, National Guard Bureau; Chief, Army
Reserve; and State adjutants general are authorized to order REFRAD under this section. The authority may not be
further delegated.
c. The AGR officers on AD who are within 2 years of eligibility for military retirement will ordinarily not be
involuntarily released from AD until eligible for such retirement. However, the Secretary of the Army may approve the
REFRAD of officers when there are unusual circumstances and their retention is not considered to be in the best
interests of the Army.
2–26. Steps for processing involuntary release from active duty due to nonselection of active guard
reserve continuation
The steps required for processing involuntary REFRAD due to nonselection of AGR continuation are as shown in table
2–11.
Table 2–11
Involuntary release from active duty due to nonselection of active guard reserve continuation
Step Work center Required action
1 SLDR NGB or Office of the Chief, Army Reserve (OCAR), will notify AGR officers of their non-selection
for continuation.
2 PPAA Separates or releases the officer, as appropriate, on scheduled release date. Final release orders
(TP/TA) and forms will cite regulatory authority and SPD as shown in AR 635–5–1.
Section XIII
Task: Process Involuntary Release from Active Duty by the Department of the Army Active Duty
Board
2–27. Rules for processing involuntary release from active duty by the Department of the Army
Active Duty Board
a. The Department of the Army Active Duty Board (DAADB) (qualitative) is the Army’s tool for ensuring that only
an RC officer who consistently maintains high standards of performance, efficiency, morality, and professionalism is
2–28. Steps for processing involuntary release from active duty by the Department of the Army
Active Duty Board
The steps required for processing involuntary REFRAD by the DAADB are as shown in table 2–12.
Table 2–12
Involuntary release from active duty by the Department of the Army Active Duty Board
Step Work center Required action
1 PPAA A field commander may recommend through channels to the GOSCA that DAADB be initiated on
BN S–1 a particular officer. If the GOSCA supports the DAADB action, A request will be made in writing to
C&S CDR, HRC—Alexandria (AHRC–OPD–A); CDR, HRC–St. Louis (AHRC–AR); TJAG; or Chief of
Chaplains, as applicable, to provide two copies each of the officer official military personnel file
(OMPF) and officer record brief (ORB). The GOSCA forwards the DAADB notification memoran-
dum (fig 2–3), including the officer’s OMPF and ORB, to the officer (fig 2–3).
2 SLDR Upon receipt of DAADB notification memorandum, from either HQDA or the GOSCA, completes
and forwards the acknowledgment of notification (fig 2–4) within 24 hours. Reviews data provided
and forwards rebuttal (if desired) within 30 calendar days from receipt of notification memorandum.
Rebuttal may be forwarded directly or through channels as desired by the officer. If forwarded
directly, send to the initiating office (HQDA or the initiating GOSCA) by certified mail.
3 PPAA When the officer forwards the rebuttal through channels, commanders may review. Documents,
BN S–1 comments, or recommendations will not be added. The last endorser will forward the rebuttal by
C&S certified mail to the initiating office (HQDA or the initiating GOSCA). The initiating officer will con-
sider the officer’s rebuttal and either close the case and notify the officer, or forward the case with
the officer’s rebuttal (if submitted) to CDR, HRC–Alexandria (AHRC–OPD–A).
4 PPAA CDR, HRC (AHRC-OPD-A) forwards active duty board action, officer’s rebuttal and officer’s OMPF
ARBA to ARBA. ARBA conducts DAADB. Secretary of the Army’s designee, generally the DASA-RB, de-
termines whether officer will be retained or released.
5 PPAA Upon receipt of separation instructions, processes officer for separation. When the officer desires
(TP/TA) an early release, has the officer complete the memorandum as shown at figure 2–5 and places it
in the officer’s MPF as a permanent document. Final release orders and forms will cite regulatory
authority and SPD as shown in AR 635–5–1.
Section XV
Task: Process Involuntary Release from Active Duty Due to Civilian Criminal Conviction
2–29. Rules for processing involuntary release from active duty due to civilian criminal conviction
a. Under the provisions of 10 USC 12312, as implemented by DODI 1332.40, an RC officer on active duty who is
convicted and sentenced to confinement in a Federal or State penitentiary or other correctional institution for a period
of more than one year or for a crime of moral turpitude (including, but not limited to, child abuse, incest, indecent
exposure, soliciting prostitution, embezzlement, check fraud, and any felony or other offense against the mores of
society), and whose sentence has become final, may be REFRAD by the Secretary of the Army or their designee.
b. When an officer on active duty is convicted and sentenced to confinement in a Federal or State penitentiary or
other correctional institution for a period of more than one year or for a crime of moral turpitude, and the convicted
officer’s sentence has become final, the GCMCA of the convicted officer may consider the officer for REFRAD under
this paragraph. If the GCMCA decides to initiate a recommendation to REFRAD the convicted officer, the GCMCA
will also consider whether the respondent should instead be eliminated under paragraph 4-2 or dropped from the rolls
(DFR) under paragraph 5-15 of this regulation. If the GCMCA recommends that the respondent should not be
eliminated or dropped from the rolls, but merely considered for REFRAD, the GCMCA will make a written recom-
mendation to that effect, addressing the respondent’s potential for future service. If the GCMCA determines that
2–30. Steps for processing involuntary release from active duty due to civilian criminal conviction
The steps required for processing involuntary REFRAD due to civil conviction are as shown in table 2–14.
Table 2–13
Involuntary release from active duty due to civilian criminal conviction
Step Work center Required action
1 C&S When an officer is convicted as specified in paragraph 2–29a, refers the action and documents to
BN S–1 the officer (fig 2–6). Initiates a DA Form 268 according to AR 600–8–2.
2 SLDR a. Forwards acknowledgment of notification (fig 2–4) within 24 hours.
b.Prepares and forwards a written statement or rebuttal (if so desired) within 30 days of notifica-
tion with assistance from legally qualified counsel who may be a member of the Judge Advocate
General’s Corps or civilian counsel retained by the officer.
3 PPAA Determines whether medical board or PEB proceedings are pending or appropriate.
4 BN S–1 Forwards separation requests with detailed recommendation and the officer’s rebuttal (when sub-
mitted), through the GOSCA to CDR, HRC–Alexandria (AHRC–OPD–A); The Judge Advocate
General (DAJA–PT); Chief of Chaplains (DACH–PER); or CDR, HRC–St. Louis (AHRC–AR), as
appropriate.
5 C&S The GOSCA will not include any additional documents, comments or recommendations to the
case, without referral to the officer for further comment.
6 PPAA When separation instructions (TP/TA) are received, separates the officer. Final release orders and
(TP/TA) forms will cite regulatory authority and SPD as shown in AR 635–5–1.
2–31. Rules for processing involuntary release from active duty pending appellate review
a. A Reserve officer whose sentence as approved by the general court-martial convening authority (GCMCA)
includes a dismissal (commissioned officers) or dishonorable discharge (warrant officer who is not commissioned)
without confinement may be placed on excess leave (AR 600–8–10) (in lieu of REFRAD) prior to completion of
appellate review.
b. A Reserve officer sentenced to dismissal (commissioned) or dishonorable discharge (warrant officer who is not
commissioned) may be released from AD prior to appellate review completion, upon completion of confinement.
c. When the sentence after final appellate review does not include dismissal or dishonorable discharge, the officer
will be returned to AD (with consent) in the same grade, and with the same service commitment as existed upon
release from AD.
d. Transportation in kind will be furnished to the officer. A lump sum payment for unused leave is not authorized.
Reimbursement for travel of dependents, and shipment of household goods will be as authorized by the Joint Federal
Travel Regulation (JFTR), volume 1. The officer will be advised that, in the event appeal results in a final characteriza-
tion of the release as under honorable conditions, he or she may file a claim with the Defense Finance and Accounting
Service for benefits withheld on release.
e. DD Form 214 will not be prepared.
f. HRC–Alexandria (AHRC–OPD–A) will forward a letter of instructions directing the REFRAD in each case to the
appropriate commander. Appropriate separation forms will be completed and issued by HRC on final disposition of the
case.
g. For USAR AGR officers sentenced to confinement, CG, HRC, will notify CDR, HRC–St. Louis (AHRC–AR),
for appropriate orders.
2–32. Steps for processing involuntary release from active duty pending appellate review
The steps required for processing involuntary REFRAD pending appellate review are as shown in table 2–14.
Table 2–14
Release from active duty pending appellate review
Step Work center Required action
1 C&S The GCMCA notifies HRC–Alexandria (AHRC–OPD–A) or HRC–St. Louis (AHRC–AR), as appro-
priate, immediately when an RC officer has been approved for a sentence to dismissal or dishon-
orable discharge with no confinement. When the officer is to be returned to the CONUS, includes
the appropriate TP/TA as information addressee.
2 C&S The commander of the confinement facility notifies CDR, HRC–Alexandria (AHRC–OPD–A) or
CDR, HRC–St. Louis (AHRC–AR), as appropriate, not later than 2 weeks prior to completion of an
RC officer’s confinement that has been sentenced to dismissal or dishonorable discharge and con-
finement, and whose sentence has not been finally approved. Notifications are exempt from report
control under AR 335–15 and when appropriate will include the following:
a. Name, grade, SSN, branch and assignment.
b. Date and source of general courts-martial order, and sentence as approved.
c. Date of release from confinement.
d. Date of departure, mode of travel, transportation terminal and estimated time of arrival (if be-
ing returned from OCONUS command).
3 C&S The GCMCA of the confinement facility returns the officer stationed OCONUS to the appropriate
CONUS TP/TA to await separation instructions from HRC.
4 C&S a. The commander of the confinement facility issues reassignment orders directing the officer to
report to a TP/TA for separation. Includes in the reassignment orders the following statement:
“Under the provisions of the Uniform Code of Military Justice, Manual for Courts-Martial,” an officer
could be retained in the service pending final action on the court-martial charges under which he
or she stands convicted. The fact that he or she is being released from AD shall not effect or be
construed to effect, constructively or by impliedly, any condonation or pardon of the offense or of-
fenses under which the officer stands convicted, or remission, in whole or in part, of the sentence
adjudged against them. The period of service from which he or she is being released from AD will
be characterized according to the final action on said sentence.
b. Complete DD Form 214 WS and forwards to CDR, HRC–Alexandria (AHRC–OPD–A) or
CDR, HRC–St. Louis (AHRC–AR), as appropriate. Includes with the transmittal memorandum five
copies of the final release order.
5 C&S The SAA ensures an officer released under this section is not terminated prior to receipt of final
instructions from HRC–Alexandria or HRC–St. Louis, as appropriate.
6 PPAA Ensures that action is taken as required by AR 190–47, paragraph 5–2, and AR 635–10, para-
(TP/TA) graph 3–15. Separates the officer.
7 C&S The SAA will advise CDR; CDR, HRC–Alexandria (AHRC–OPD–A); or CDR, HRC–St. Louis
(AHRC–AR); as appropriate, by electronic means, the date the officer is released from AD and the
officer’s permanent home address.
Section XVII
Task: Process Involuntary Release from Active Duty and Termination of Reserve Appointments of
Student Officers and Warrant Officers Attending Branch Orientation, Familiarization Courses, or
Warrant Officer Basic Course (WOBC)
2–33. Rules for processing involuntary release from active duty and termination of Reserve
appointments of student officers and warrant officers attending branch orientation, familiarization
courses, or Warrant Officer Basic Course
a. An RC commissioned officer with less than 5 years commissioned service or an RC warrant will be released from
AD and discharged from their USAR commission when the officer fails to meet the standards of service schools due
to—
(1) Misconduct.
(2) Moral or professional dereliction.
(3) Academic or leadership deficiencies.
(4) Resigning from a course.
b. An officer attending any basic course while detailed from branch for strength accounting only and who is
attending a course of instruction at a different branch school as part of basic course is included in this section.
c. Effective 1 October 1992, warrant officers W–1, who are appointed contingent upon successful completion of
WOBC, will be REFRAD or discharged if—
(1) Eliminated from WOBC due to resignation from the course or for failure to meet the conduct, moral, physical,
professional, academic, or leadership standards.
(2) Failure of RC, WO, W1 to successfully complete WOBC within 2 years of appointment (3 years with HQDA
(DAPE–MPO) or Chief, National Guard Bureau (GB–ARP–O) waiver).
d. For officer or warrant officers attending a service school who are resigning from the course, HQDA (AHRC-
OPD–A) is the final authority to approve or disapprove the REFRAD or discharge. The GCMCA for that officer will
forward a recommendation to CDR, HRC. Officers and warrant officer who resigns from a course or voluntarily
terminate attendance will normally be required to complete the period of service required by law and regulation
incident to their appointment as officers or warrant officers. For all other cases, the GCMCA for an officer attending a
service school (TJAG for an officer attending The Judge Advocate General’s School) has final authority to approve or
disapprove the officer’s REFRAD (ARNGUS and USAR officers) or discharge (USAR officers only) under this
section. This authority will not be further delegated.
e. For purposes of this section, the term school commandants includes commanders of U.S. Army medical treatment
facilities when a branch or specialty qualifying course is conducted in such a facility.
f. The Commander, HRC–St. Louis will direct the discharge of an officer of the USAR who has been released from
ADT under a self-terminating order. The school commandant will forward all documents and reports pertaining to a
USAR officer to CDR, HRC–St. Louis (AHRC–PAP), 1 Reserve Way, St. Louis, MO 63132–5200.
g. The school commandant will forward all documents and reports pertaining to an ARNGUS officer to HQDA
(NGB–ARP–O), Chief National Guard Bureau, 2500 ARMY PENTAGON, WASH DC 20310–2500, under NGR
635–100, who has responsibility for withdrawal of Federal recognition of all ARNGUS officers.
2–34. Steps for processing involuntary release from active duty and termination of Reserve
appointments of student officers and warrant officers attending branch orientation, familiarization
courses, or Warrant Officer Basic Course
The steps required for processing involuntary REFRAD and termination of Reserve appointments of student officers
and WOs attending branch orientation, familiarization courses, or WOBC are as shown in table 2–15.
1 PPAA a. The school commandant at the start of each course advises each student that may be af-
BN S–1 fected by this section of the rules and procedures herein.
C&S b. When a student fails to meet the standards of the school, recommends that student be re-
leased from AD and refers case to the school faculty board. The student may waive consideration
of pending separation by a faculty board and accept the decision of the approval authority in
respect to their release/discharge.
2 SLDR If the student desires a faculty board, they may present to the board any circumstances the stu-
dent considers extenuating.
3 C&S If the student desires a faculty board, the school faculty board then considers the student’s case
and includes in its findings all circumstances surrounding the failure and leadership potential of the
student.
4 C&S The school commandant forwards recommendations with the faculty board proceedings (unless
the student waives consideration by the board) to the officer exercising GCM jurisdiction over the
school. The Commandant, The Judge Advocate General’s School, forwards proceedings to ATTN:
HQDA, (DAJA–PT), The Judge Advocate General, 2200 Army Pentagon, Washington, DC
20310–2200.
5 PPAA The GCMCA/TJAG will, if the student desires a board, then approve or disapprove the faculty
BN S–1 board’s findings and recommendations.
C&S a.Return the proceedings to the school commandant when the REFRAD or discharge (or other
action within the authority of the school commandant) is directed.
b. Forward the proceedings to CDR, HRC–Alexandria (AHRC–OPD–A), when retention with
branch transfer is approved.
c.When the final approved action must be considered or executed by HRC, forward the
proceedings to CDR, HRC–Alexandria (AHRC–OPD–A).
d. Determine whether medical board or physical evaluation board proceedings are pending or
appropriate per paragraph 1–22.
6 C&S The school commandant authorizes a student serving on ADT to return in time to arrive at their
home station by the termination date of self-terminating order, when he or she has not received
the final decision of the case.
7 SACT a. Separates a student whose REFRAD (USAR and ARNGUS) or discharge (USAR only) is di-
(TP/TA) rected by the GCM authority or TJAG. (Exception: for a student of the USAR on ADT who has re-
turned home under self-terminating orders and any student of the ARNGUS on full-time training
duty, then para 2–33e or f applies). Unless one of exceptions apply, final release orders and forms
will cite regulatory authority and SPD as shown in AR 635–5–1.
b.Forwards to CDR, HRC–St. Louis (AHRC–PAT–R), for USAR students, or to Chief, National
Guard Bureau (NGB–ARP–O), as appropriate, one copy of the release order, a report of the stu-
dent’s academic performance, a copy of the faculty board proceedings (if applicable), and the ac-
tion directed by the GCMCA or TJAG. For an ROTC graduate, includes the name of the school.
Section XVIII
Task: Process Involuntary Early Release of Army National Guard of the United States and United
States Army Reserve Officers on Active duty for Training, Active Duty for Special Work, and
Temporary Tours of Active Duty
2–35. Rules for processing involuntary early release of Army National Guard of the United States and
United States Army Reserve officers on active duty for training, active duty for special work, and
temporary tours of active duty
a. ARNGUS and USAR commissioned and warrant officers may be involuntarily released early from ADT, ADSW,
and TTAD for any of the reasons shown in paragraphs (1) through (3) , below. The unit or agency sponsoring the tour
will initiate the recommendation for involuntary early release when appropriate, taking into consideration the length of
time remaining on the officer’s tour, based on automatic release date authorized by self-terminating orders. (This
section does not relieve the commander from moral obligation to pursue separation for cause under other sections of
this regulation when the circumstances exist.) The approval authority for early release under paragraphs (2) and (3),
below is the commander of the unit or agency sponsoring the tour and does not require board action.
(1) An officer’s conduct, degree of efficiency, or manner of performance is seriously deficient.
(2) There is a change in mission requirements which results in malutilization of the officer’s skills (no board).
(3) Funds are curtailed for the tour (no board).
b. The initiating commander will refer the recommendation for involuntary early release (see fig 2–7) to the officer
for rebuttal or comment. Specific reasons must be included in the recommendation. The officer’s rebuttal or comments
2–36. Steps for processing involuntary early release of Army National Guard of the United States or
United States Army Reserve officers on active duty training, active duty for special work, and
temporary tours of active duty
The required steps for processing involuntary early release of ARNGUS or USAR officers on ADT, ADSW, and
TTAD are as shown in table 2–16.
Table 2–16
Involuntary early release of Army National Guard of the United States or United States Army Reserve officers on active duty
training, active duty for special work, and temporary tours of duty
Step Work center Required action
1 PPAA Prepares and forwards involuntary early release recommendation (fig 2–7) to the officer.
BN S–1
2 SLDR Receives involuntary early release recommendation and responds with a rebuttal or comments or
requests voluntary early release (fig 2–1) in lieu of involuntary early release. Response must be in
writing and provided to the initiating commander within 15 calendar days of receipt of the recom-
mendation for involuntary early release.
3 BN S–1 Reviews rebuttal, or comments, or voluntary early release request. Each commander in the rating
C&S chain of the unit or agency sponsoring the officer’s tour that initiated the recommendation will rec-
ommend approval or disapproval and provide reasons for the recommendation.
a. Recommendations for early release initiated under paragraph 2–35a(2) and (3), the com-
mander of the unit or agency that sponsored the respective tour is the approval/disapproval au-
thority.
b.For recommendations for early release initiated under paragraph 2–35a(1), the complete ac-
tion will be promptly forwarded by each commander in the chain through the next higher head-
quarters to CDR, HRC–St. Louis (AHRC–OPM), for USAR officers or to Chief, National Guard Bu-
reau (NGB–ARP–O) for ARNGUS officers.
4 BN S–1 Receives release notification and ensures officer is released within 30 calendar days or at the end
PPAA of the officer’s tour, whichever is earlier. Ensures that the appropriate evaluation report is pre-
(TP/TA) pared. Release orders and forms will cite regulatory authority.
2–37. Rules for processing involuntary release from active duty due to failure of selection for
permanent Reserve promotion
a. The provisions of this section do not apply to commissioned officers and warrant officers on the ADL (AR
600–8–29, 10 USC 620, and (37 USC 201(b), 10 USC Part II of subtitle A, Warrant Officer Management Act). Except
as indicated in b through e, below, the officers and warrant officers listed in subparagraphs (1) and (2), below, will be
released from AD. They will be discharged on the 120th calendar day after receipt of involuntary release notification.
This is unless earlier release is voluntarily requested or transfer to the Retired Reserve is requested and the Soldier is
eligible per AR 140–10. Officers and warrant officers with a remaining service obligation will be transferred to the
Ready Reserve.
(1) Reserve commissioned officers serving on AD as commissioned officers who fail a second time to be selected
for promotion to permanent Reserve grade of captain, major, or lieutenant colonel.
(2) USAR warrant officers serving on AD who fail a second time to be selected for promotion to permanent grade
of CW3 or CW4.
b. Reserve commissioned officers holding a permanent Reserve grade of 2LT and serving on AD as commissioned
officers and who are not promoted to the permanent Reserve grade of 1LT on or before completing 3 years promotion
service will be released. These officers must be released from AD and discharged on the date of completion of such
service unless they have a remaining service obligation. Those serving an obligated period of AD will be retained on
AD until completion of this obligation.
c. Reserve warrant officers holding the permanent Reserve grade of W1 and serving on AD as warrant officers and
who are not promoted to the permanent Reserve grade of CW2 on or before date completing 3 years promotion service
will be released from AD. They will be released from AD and discharged on date of completion of such service unless
they have a service obligation. Those serving an obligated period of service will be retained on AD until completion of
their obligation.
d. Officers and warrant officers within 2 years of qualifying for retirement will be retained on AD until the last day
of the month following the month they qualify for such retirement. This will apply to those qualifying for retirement
under chapter 6 (20 years AFS including 10 years commissioned service for officers) on their scheduled release date.
Also, these officers and warrant officers must be able to qualify before attaining maximum ages specified in this
chapter. Release must, however, be approved by the Secretary of the Army (10 USC 12686).
e. An officer or warrant officer eligible for retirement under chapter 6 may apply for retirement to be effective not
later than the first day of the month following the month in which release is directed.
f. HRC–St. Louis forwards the notification of nonselection through command channels for personal presentation to
the officer.
g. HRC–St. Louis, upon receipt of the signed acknowledgement of notification of REFRAD and election of options
from the officer, forwards a copy of the signed acknowledgement and election of options to the personnel service
support team.
2–38. Steps for processing involuntary release from active duty due to failure of selection for
permanent Reserve promotion
The steps required for processing involuntary REFRAD due to failure of selection for permanent Reserve promotion
are as shown in table 2–17.
Table 2–17
Involuntary release from active duty due to failure of selection for permanent Reserve promotion
Step Step Required action
1 C&S The commander personally notifies the officer of their nonselection. The commander will counsel
the officer regarding their options.
2 SLDR The officer is notified and counseled by commander. The officer signs the acknowledgment of noti-
fication and election of options and forwards to CDR, HRC–St. Louis, by the established suspense
date.
3 C&S The commander ensures the officer’s acknowledgment and election of options is forwarded to
CDR, HRC–St. Louis, by the established suspense date.
4 PSST Upon receipt of the established separation date and the officer’s election of options from CDR,
HRC–St. Louis, processes the officer for REFRAD and discharge/transfer to Retired Reserve, as
applicable. A copy of the acknowledgment and election of options will be filed in the officer’s MPF.
Separation forms will cite regulatory authority and SPD as shown in AR 635–5–1.
Figure 2–5. Sample format for involuntary release from active duty notification
Chapter 3
Resignations
Section I
Scope
3–1. Introduction
a. This chapter prescribes the tasks, rules, and steps for processing voluntary resignations. Except as provided in b,
below, any officer of the Active Army or USAR may tender a resignation under provisions of this chapter. The
3–4. Routing
a. Resignations under paragraphs 3–13 and 4–11(i)(2) of this regulation must be processed through the GOSCA or
through the GCMCA. These actions will be routed to that commander through the same channels as court-martial
actions. The GOSCA or GCMCA will forward the resignation with the recommendation for elimination and comments
directly to CDR, HRC–Alexandria (AHRC–OPD–A). Additionally, an information copy of the correspondence will be
forwarded to interested higher headquarters (for example, MACOM) in the chain of command.
b. Resignations under paragraphs 3–5 and 5–9 of this regulation will be forwarded through normal administrative
channels to HRC. For resignations under paragraph 3–5, forward to CDR HRC–Alexandria (AHRC–OPD–A),
Alexandria, VA 22332–0478; HQDA (DAJA–PT), The Judge Advocate General, 2200 Army Pentagon, Washington,
DC 20310–2200; or HQDA (DACH–PER), Chief of Chaplains, 2700 Army Pentagon, Washington, DC 20310–2700,
as applicable. The officer’s immediate commander will send resignations under paragraph 3–11 (resignation because of
pregnancy) directly to CDR, HRC–Alexandria (AHRC–OPD–A), or the HQDA agency shown above as applicable to
judge advocates or chaplains. Resignations under paragraphs 3–5 and 5–9 will be processed as follows: In those
commands where the normal administrative channels include a headquarters exercising GCM authority, that headquar-
ters will—
(1) Forward resignations under paragraph 3–5, as stated in b, above, and under paragraph 5–9, directly to CDR
HRC–Alexandria (AHRC–OPD–A), ALEX VA 22332–0478.
(2) Provide information copies of the action to interested higher headquarters (for example, MACOM) in the chain
of command.
c. In those commands authorized to deal directly with HQDA on routine personnel matters and those administrative
channels that do not include a headquarters that exercises GCM jurisdiction, the commander may designate, in writing,
the subordinate units or activities in his command that may forward these separation requests directly to CDR,
HRC–Alexandria (AHRC–OPD–A), or agency shown in b, above. Principal officials of HQDA Staff agencies are
included in this category concerning class II installations under their control. The headquarters designated will ensure
that the request is complete and correct. Resignations under this paragraph will be in writing and an information copy
of the resignation will be sent to CDR, HRC–Alexandria (AHRC–OPD–A). The first forwarding endorsement will
contain the following:
(1) Recommendation for approval or disapproval and type of discharge to be furnished. If approval is recommended
and the officer has not fulfilled the service requirements specified in paragraph 3–5, complete justification will be
included. Similarly, recommendations for disapproval will state reasons.
(2) Statement that none of the conditions in paragraph 1–11b exist or if any do exist, a complete explanation.
Section II
Task: Process Unqualified Resignation
Table 3–1
Processing unqualified resignation
Step Work center Required action
1 SLDR Submits request for unqualified resignation to their commander (fig 3–1).
2 SACT a. Reviews and forwards the officer’s request for resignation at least 90 calendar days prior to
BN–1 the requested separation date, through channels to CDR, HRC–Alexandria (AHRC–OPD–A);
HQDA (DAJA–PT) (judge advocates); or HQDA (DACH–CH–PER) (chaplains), as applicable. (As
an exception, an officer who has a service obligation beyond 6 months may submit the request, as
an exception to policy, more than 6 months in advance of the requested effective date.)
b. The first forwarding endorsement will state—
(1) The officer’s reason for submitting the resignation.
(2) A brief synopsis of the counseling session (para 3–5c or d).
(3) Whether the officer is currently undergoing a course of instruction that upon completion or
termination will result in an active duty service obligation. Specify course title, beginning and clos-
ing dates, and service obligations incurred.
(4) Recommendation for approval or disapproval and type of discharge to be furnished. Include
complete justification when approval is recommended and the officer has not fulfilled a service re-
quirement. Also, include justification for disapproval.
(5) Statement that the officer is not under investigation or charges, awaiting result of trial, being
considered for administrative elimination, AWOL, under the control of civil authorities, or insane.
(6) Statement that necessary action has been or will be taken to adjust and close any public
property or financial accounts of the officer concerned.
(7) Report of any recent misconduct of the officer concerned which had not previously been
reported to HRC. Any misconduct committed or discovered subsequent to endorsement will be
reported to HRC–Alexandria (AHRC–OPD–A) in an expeditious manner.
(8) If the officer is serving OCONUS, indicate whether he or she is accompanied by dependents
and the date the officer will complete the normal OCONUS tour.
(9) If the officer is serving OCONUS and requests separation OCONUS, include a recommenda-
tion concerning such request. If disapproval is recommended, include justification. If approval is
recommended, include a positive statement that the foreign country concerned specifically con-
sents to the officer’s separation in that country.
(10) Statement that the officer is physically qualified for separation or that the officer will be
scheduled for medical examination according to the regulation.
(11) Whether an RA officer desires an appointment in the USAR (not on AD). If USAR is re-
quested, include recommendation for approval or disapproval. Include justification when disap-
proval is recommended.
3 SACT Upon receipt of separation instructions, process officer for separation. Final orders and forms will
TP/TA cite regulatory authority and SPD as shown in AR 635–5–1.
Section III
Task: Process Resignation for the Purpose of Enlistment/Reenlistment in the Active Army
3–7. Rules for processing resignation for the purpose of enlistment/reenlistment in the Active Army
a. An officer or warrant officer on the ADL who meets the criteria as stated in either b or c, below, may submit a
resignation for the purpose of enlistment or reenlistment in the RA. The officer or warrant officer must be counseled
that if he or she enlists in the RA, the officer must submit a memorandum of resignation from USAR officer or warrant
officer appointment. The resignation will be sent to CDR, HRC–Alexandria (AHRC–OPD–A). A Soldier may not serve
on AD in an enlisted status and continue to hold a USAR officer or warrant officer appointment.
b. Any former enlisted member of the RA who was on AD as a Reserve officer or warrant officer of the Army or
who was discharged as an enlisted member to accept a temporary appointment as an Army officer or warrant officer
may be reenlisted in the enlisted grade held before serving as an officer or warrant officer. There will be no loss of
seniority or credit for service, regardless of the existence of a vacancy in their pay grade, or of a physical disability
incurred or service connected, or incurred in the line of duty. This is provided that the individual’s service is
terminated by an honorable discharge (or general discharge under honorable conditions) and he or she is released from
AD for a purpose other than to await appellate review of a sentence that includes dismissal or dishonorable discharge.
An officer is not entitled to be reenlisted if the officer was discharged or released from Active Duty as a Reserve
Officer on the basis of a determination of misconduct, moral or professional dereliction, substandard duty performance,
3–8. Steps for processing resignation for the purpose of enlistment/reenlistment in the Active Army
The steps required for processing resignation for the purpose of enlistment/reenlistment in the RA are as shown in table
3–2
Table 3–2
Resignation for the purpose of enlistment/reenlistment in the Active Army
Step Work center Required action
1 SLDR Submits resignation (fig 3–1) not later than 120 calendar days prior to the requested separation
date (paras 5 through 9 of figure 3–1 do not apply when submitting a resignation under this sec-
tion). Add the following statement to figure 3–1, para 4: “I am tendering my resignation for the pur-
pose of enlisting in the Active Army (to continue my military career in enlisted status, for retire-
ment, input as appropriate).” He or she should coordinate with the local reenlistment office con-
cerning enlistment in the RA.
2 SACT a. When the purpose for submitting the resignation is for enlistment in the RA for retirement,
process the resignation to include—
(1) Date officer reported on current tour of AD.
(2) Permanent enlisted grade and SSN.
(3) Grade determination according to AR 601–280, if appropriate.
(4) DA Form 2339 (Application for voluntary retirement) under AR 635–200, Chapter 12.
(5) Medical examination. See AR 40–501.
b. When the purpose for submitting the resignation is for enlistment in the RA to continue Army
career in enlisted status, process the resignation. The following will be added as a new paragraph
5, figure 3–1, “I will enlist in the RA at place of separation on the day following the effective date of
my discharge as an officer.”
2 BN S–1 Reviews and forwards the officer’s resignation through channels to CDR, HRC–Alexandria
C&S (AHRC–OPD–A).
3 SACT On receipt of separation instructions, discharges the officer or warrant officer as directed in para-
TP/TA) graph 3–7f. Separation orders and forms will cite regulatory authority and SPD as shown in AR
635–5–1.
Section IV
Task: Process Resignation of an Officer who did not meet Medical Fitness Standards when Appointed
3–9. Rules for processing resignation of an officer who did not meet medical fitness standards when
appointed
a. A probationary officer who did not meet medical fitness standards when accepted for appointment but now meets
the medical fitness standards for retention may submit a resignation.
b. A medical board must find that the officer has a medical condition that—
3–10. Steps for processing resignation of an officer who did not meet medical fitness standards
when appointed
The steps required for processing resignation of an officer who did not meet medical fitness standards when appointed
are as shown in table 3–3.
Table 3–3
Resignation for failure to meet medical standards at time of appointment
Step Work center Required action
Section V
Task: Process Resignation Due to Pregnancy
Table 3–4
Resignation due to pregnancy
Step Work center Required action
1 SLDR Informs her commander that she is pregnant and is thinking of resigning. Provides supporting
medical documentation.
2 SACT On confirmation of an officer’s pregnancy, she will be advised of the following rights and responsi-
BN S–1 bilities:
C&S a. Option to remain on AD or to request separation.
b. Entitlement to maternity care even if separated (AR 40–400).
c. Provisions for leave and absence during and after pregnancy (AR 600–8–10).
d. Provisions for maternity clothing.
e. Policy governing availability for worldwide assignment (AR 614–30).
f. Local policies governing entitlements to Government family quarters and BAS, to include when
and how she would be eligible.
g.Policies governing assignment overseas (AR 614–30). If accompanied by dependent(s), re-
quirement to make suitable arrangements for the unaccompanied evacuation of the dependents(s)
in an emergency situation (for example, mobilization).
h. On PCS, the Government will pay for the child’s transportation only when— (1) Traveling to,
from, or between OCONUS permanent station when the officer serves or has been approved to
serve a “with dependents” tour and her child is command sponsored.
(2) Traveling to an OCONUS station, the officer must have approval of the OCONUS com-
mander for concurrent travel of the child.
i.Availability of legal assistance counseling concerning paternity laws governing child support,
passports, visa requirements, and birth registration for OCONUS, if applicable.
j. If she remains on AD, the necessity of careful planning for her child’s care without sacrifice of
her military responsibilities. She must consider the following:
(1) Who will care for the child during duty hours, alerts, field duty, and roster duty. Consideration
should be given to the cost of child care.
(2) Plans for housing, access to duty, transportation arrangements and availability of telephone.
(3) Consideration of financial obligations that will accrue for child care, housing, transportation,
and other emergency needs and how these obligations will be met.
k. Provisions for submission of a dependent care statement of counseling on the birth of the
child, if applicable. (An officer with less than 3 years service.)
l. Provisions authorizing separation of an officer whose substandard performance of duty is not
solely attributable to the condition of pregnancy.
3 SACT Requests that counselor sign the pregnancy counseling statement and file it in the officer’s MPF
(fig 2–2).
4 SLDR Submits resignation request (fig 3–3) if she so desires.
5 SACT Processes the request. Ensures counseling has been accomplished (step 2). The request will be
BN S–1 forwarded through channels to CDR, HRC–Alexandria (AHRC–OPD–A), or CDR HRC–St. Louis
C&S (AHRC–AR), 1 Reserve Way, St. Louis, MO 63132–5200, or HQDA (DAJA–PT) or HQDA
(DACH–PER), as applicable. The request will include the following:
a. A brief synopsis of the counseling session.
b. Date officer reported on current tour of AD; type, effective date, and date of termination of
current AD commitment.
c. Whether officer is occupying a key position and if a replacement is required.
d. Whether medical board or PEB proceedings are pending or appropriate.
e. Whether the officer is currently undergoing a course of instruction that upon completion or ter-
mination, will result in an ADSO. Specify course title, beginning and closing dates, and service ob-
ligation incurred.
f. Whether responsible for public property or funds.
g. Recommendation for approval or disapproval. Include complete justification when approval is
recommended and the officer has not fulfilled a service requirement. Also include justification for
disapprovals.
h. Statement that the officer is not under investigation or charges, awaiting result of trial, being
considered for administrative elimination, AWOL, or in the hands of civil authorities.
i. Date officer departed CONUS or other area of residence for OCONUS assignment. Date of ar-
rival OCONUS of dependents—whether at Government or personal expense—whether logistical
support was furnished and the rotation date, if applicable.
6 SACT Upon receipt of separation instructions, processes officer for separation. Final orders and forms
(TP/TA) will cite regulatory authority and SPD as shown in AR 635–5–1.
Section VI
Task: Process Resignation for the Good of the Service in Lieu of General Court-Martial
3–13. Rules for processing resignation for the good of the Service in lieu of general court-martial
a. An officer may submit a resignation for the good of the Service (RFGOS) in lieu of general court-martial (GCM)
under the following circumstances (cannot submit unqualified resignation):
(1) Court-martial charges have been preferred against the officer with a view toward trial by GCM.
(2) The officer is under a suspended sentence of dismissal.
b. The tender of a RFGOS does not preclude or suspend procedures. A convening authority will not, however, take
action on the findings and sentence in such cases until the Secretary of the Army or designee has acted on the RFGOS.
c. An officer under court-martial charges or under investigation with a view toward court-martial will be retained on
AD until final disposition of the charges or investigation or until the officer’s RFGOS is approved.
d. The commander will ensure that RFGOS are voluntary and that applicants are—
(1) Provided the opportunity to consult with legally qualified counsel who is a member of the Judge Advocate
General’s Corps or a civilian counsel retained by the officer at own expense.
(2) Allowed a reasonable period of time to consider requesting a RFGOS.
e. A RFGOS will be expeditiously forwarded by the commander exercising general court-martial jurisdiction direct
to CDR, HRC–Alexandria (AHRC–OPD–A), as outlined in paragraph 3–4. Court-martial proceedings may be contin-
ued until action by the convening authority on the findings and sentence of the court. A convening authority will not
take action in a case until the Secretary of the Army or delegate acts on the RFGOS. In the event trial is held prior to
the time notification of action is taken on the RFGOS, the convening authority will immediately transmit to CDR,
HRC–Alexandria (AHRC–OPD–A) the result of the trial, including sentence adjudged.
f. The RFGOS along with the officer’s OMPF and ORB without recommendation will be forwarded by
HRC–Alexandria (AHRC–OPD–A) to the Deputy Assistant Secretary of the Army - Review Boards (DASA-RB),
(SFMR-RB-JA).
g. When the RFGOS is not accepted, HRC–Alexandria (AHRC–OPD–A) will return the case to the GOSCA and
provide copies to HRC–Alexandria (AHRC–MSP–F) and the appropriate career management division.
h. Separation instructions on approved cases will be issued and forwarded by HRC–Alexandria (AHRC–OPD–A) to
the appropriate PSC/MPD. HRC-Alexandria (AHRC-OPD-A) will provide a copy of the separation orders to the
Deputy Assistant Secretary of the Army - Review Boards (DASA-RB), (SFMR-RB-JA).
i. An officer separated under this paragraph normally receives characterization of service of Under Other Than
Honorable Conditions.
j. An officer who resigns for the good of the Service (regardless of the character of service received) is barred from
rights under laws administrated by the Veterans Affairs based on the period of service from which the officer resigned.
Exceptions are War Risk, United States Government (converted), National Service Life Insurance, or Servicemember’s
Group Life Insurance (38 USC 1965).
3–14. Steps for processing redesignation for the good Service in lieu of general court-martial
The steps required for processing RFGOS in lieu of GCM are as shown in table 3–5.
Table 3–5
RFGOS in lieu of GCM
Step Work center Required action
Section I
Scope
4–1. Overview
a. An officer is permitted to serve in the Army because of the special trust and confidence the President and the
nation have placed in the officer’s patriotism, valor, fidelity, and competence. An officer is expected to display
responsibility commensurate to this special trust and confidence and to act with the highest integrity at all times.
However, an officer who will not or can not maintain those standards will be separated.
b. Every officer deserves a fair chance to demonstrate their capabilities. When an officer shows ineffective
tendencies (especially if the officer is inexperienced) when practicable, they will be given another chance under another
commander. The officer’s ineffectiveness will be systematically recorded in documents that specify each period
covered, duties observed, and defects noted. Recommendations for elimination action will not be based on generalities
and vague impressions. It is necessary to document, in writing, the precise reasons an officer is considered ineffective.
c. A U.S. Army Reserve or Army National Guard officer must hold, or be capable of holding, a security clearance
of at least secret. An Active Army officer must hold a security clearance of at least secret. This requirement may not be
waived. The final denial or revocation of an officer’s Secret security clearance by appropriate authorities acting
pursuant to DODD 5200.2-R and AR 380-67 requires the discharge of that officer from the service.” An officer whose
security clearance has been withdrawn or withheld due to unfavorable information regarding loyalty, subversion, or
security violations may be processed for involuntary separation under AR 380-67, paragraph 8-201.2. In accordance
with AR 380-67, paragraph 8-103, however, the officer should first be considered for discharge under this regulation.
The administrative procedures prescribed in AR 380-67, chapter 8, will be followed until the case is referred to HRC-
Alexandria (AHRC-OPD-A).
d. This chapter prescribes the tasks, rules, and steps for eliminating officers in the Active Army for substandard
performance of duty, misconduct, moral or professional dereliction, and in the interests of national security.
4–4. Limitations
a. An officer will not be considered for involuntary separation because of conduct that has been the subject of
judicial proceedings that resulted in an acquittal.
b. Except as provided in d, below, no officer will be considered for elimination for reasons stated in paragraph 4–2
because of conduct that has been the subject of administrative elimination proceedings that resulted in final determina-
tion that the officer should be retained in the Service. For purposes of this paragraph, an officer will be considered to
have been the subject of elimination proceedings only if allegations against the officer were acted on by a Board of
Inquiry convened under this chapter.
c. The limitations set forth in b above are not applicable when—
(1) Substantial new evidence is discovered that was not known at the time of the original proceedings despite the
exercise of due diligence and that would probably produce a result significantly less favorable for the officer at a new
hearing.
(2) Subsequent conduct by the officer warrants considering him or her for discharge. Such conduct need not
independently justify the member’s elimination but must be sufficiently serious to raise a substantial question as to the
officer’s potential for further useful military service. However, this exception does not permit further consideration of
conduct of which the officer has been absolved in a prior final factual determination based on the merits by a judicial
body.
(3) An express exemption has been granted by HRC, in writing, upon a determination that administrative separation
should be effected because of the unusual circumstances of the case.
d. Under the circumstances in (1) through (4) below, an officer who has been considered for elimination and
retained on AD may again be required to show cause for retention:
(1) An officer may be again considered for elimination because of lack of proficiency or recurrent misconduct
subsequent to the earlier consideration.
(2) An officer may be again considered for elimination because of misconduct that occurred prior to that alleged in
the earlier proceedings but that was not sooner discovered despite the exercise of due diligence.
(3) An officer who has been considered for elimination for substandard performance of duty and retained may again
be considered for elimination for substandard performance of duty at any time 1 year after the prior case has been
closed.
(4) An officer may be considered for elimination for misconduct, moral or professional dereliction, or in the interest
of national security at any time subsequent to the closing of the prior case that resulted in the officer’s retention on
AD. However, an officer may not again be required to show cause for retention on AD solely because of conduct that
was the subject of the previous proceedings, unless the findings and recommendations of the Board of Inquiry or the
Board of Review that considered the case are determined to have been obtained by fraud or collusion. The grounds for
elimination in the earlier case may be joined with new grounds in the later case, provided the earlier elimination
proceedings does not include a factual determination specifically absolving the member of the allegations then under
consideration. If the grounds for elimination in the earlier proceedings are joined, the additional grounds considered in
the subsequent proceedings need not independently justify the member’s discharge but must be sufficiently serious to
raise a substantial question as to the member’s potential for further useful military service.
e. Punishment resulting from trial by court-martial or under the provisions of UCMJ, article 15, for misconduct and
subsequent use of this fact in support of elimination under this regulation do not constitute double jeopardy.
Section II
Boards
4–11. Respondent
When a Board of Inquiry convenes to consider an officer’s recommendation for involuntary separation, the board will
determine whether each allegation in the notice of proposed separation is supported by a preponderance of the
evidence. The respondent will be present at all open sessions of the board unless he or she is excused by the president
of the board and expressly waives the right to attend. Additionally, the respondent—
a. Will be provided with counsel who is an officer of the JAGC or be allowed to obtain civilian counsel of own
selection without expense to the Government, provided that procurement of their own counsel does not result in an
unreasonable delay. The GOSCA will determine whether a requested delay to obtain civilian counsel is reasonable. If a
requested delay is denied, the determination and the reasons will be stated in writing and made a part of the records of
proceedings by the GOSCA.
b. Will be allowed reasonable time, as determined by the Board of Inquiry, to prepare case. The respondent may
submit a written request (citing the specific reasons) for continuance to the Board of Inquiry. In no instance will the
officer have less than 30 calendar days from the date of notification of requirement to show cause for retention on AD.
c. Will be allowed, at all stages of the proceedings, full access to the records of the hearings, including all
documentary evidence referred to the board, except when protection of classified documents is clearly consistent with
the interests of national security. In such cases, the respondent will be furnished, to the extent that the national security
permits, as determined by the Secretary of the Army, a summary of the information contained in the documents
withheld.
d. May challenge for cause any member of the board. The convening authority will appoint additional members if
necessary to ensure that the board membership is not reduced to fewer than three officers.
e. Will be allowed to appear in person and present evidence or be represented by counsel, before a Board of Inquiry.
The respondent—
(1) Will not be reimbursed for expenses incident to the appearance or assistance of civilian counsel.
(2) At any time after the appointment of the board and before the close of the proceedings, may submit documents
to the Board of Inquiry from record of service, letters, answers, depositions, sworn or unsworn statements, affidavits,
certificates, or stipulations. This includes but is not limited to, depositions of witnesses not deemed to be reasonably
available or witnesses unwilling to appear voluntarily.
(3) Will be allowed to present case without undue interference by the board. However, unreasonable delays will not
4–13. Witnesses
To the maximum extent possible, the respondent has the right to be confronted with the witnesses against him or her.
a. The personal appearance of witnesses should be obtained whenever practicable in preference to the use of
depositions, affidavits, or written statements. Accordingly, such requests will be honored by the board if the requested
witness is considered reasonably available and testimony will add materially to the case. Requests for witnesses will
include a statement specifying the substance of expected testimony.
b. The president of the Board of Inquiry will request the commander or Government agency to order witnesses to
appear as witnesses for the Government that are members of the Armed Forces or civilian employees of the
Government. The availability of the witness is determined by the appropriate commander. If the commander determines
that a requested witness is not reasonably available, the reasons will be furnished to the president of the board, who
will have this determination appended to the record of proceedings.
c. Military members and civilian employees of the Army, called as witnesses on behalf of the Government and
required to travel are entitled to temporary duty allowance as prescribed in the JFTR and DFAS-IN Regulation 37–1,
chapter 10. Other witnesses requested by the respondent will not be reimbursed for expenses relating to their
appearance unless they qualify for invitational travel orders under JFTR.
d. Witnesses appearing before the board will be sworn.
e. Boards of Inquiry may call witnesses on their own motion.
4–14. Spectators
At the respondent’s request, the board president may permit the respondent’s personal friends or relatives to be present
during open board hearings. However, the respondent will be advised the presence of these spectators terminates the
confidential status of the proceedings. The board president may exclude any spectator when (in the opinion of the
board) presence interferes with the proceedings. Any person called as a witness will not be present as a spectator.
Section III
Task: Process Elimination of a Nonprobationary Officer
1 PPAA The initiating official (see para 4–18a(1) or (2) or (3) or (4) above) notifies the officer in writing that
BN S–1 elimination action has been initiated and that he or she is required to show cause for retention on
C&S AD (fig 4–1). Initiates a DA Form 268. (See AR 600–8–2.)
2 PPAA The initiating official advises the officer of the reasons supporting the elimination action and the
BN S–1 factual allegations supporting the reasons. Only applicable reasons as outlined in paragraph 4–2
C&S (or para 4–22 for homosexual conduct) that can be supported by specific factual allegations and
evidence may be the basis for elimination. Evidence to support the elimination must be able to
stand on its own merits. Prior coordination with the servicing judge advocate or legal advisor is re-
quired for actions initiated by the GOSCA. Advises the officer that he or she may—
a. Tender resignation in lieu of elimination (para 4–24).
b. Request discharge in lieu of elimination (para 4–24).
c. Apply for retirement in lieu of elimination if otherwise eligible for voluntary retirement as stated
in chapter 6, paragraph 6–17d. Voluntary retirement application will be amended to specifically
state that the application is submitted in lieu of elimination.
d. Appear before a Board of Inquiry to show cause for retention.
3 PPAA The initiating official advises the officer that he or she has 30 calendar days to acknowledge re-
BN S–1 ceipt in writing, to prepare a written statement or rebuttal or elect one of the options as stated in a,
C&S b, c,and d above.
4 PPAA The initiating official advises the officer of the least favorable discharge that he or she may re-
BN S–1 ceive. (An officer separated solely for substandard performance (para 4–2a) will receive an Honor-
C&S able Discharge. If separated for reason(s) under paragraph 4–2b or 4–22h (homosexual conduct)
an officer may receive an Under Other Than Honorable Discharge.
5 PPAA The initiating official advises the officer that he or she may consult with the local finance and ac-
BN S–1 counting officer concerning possible entitlement to separation pay.
C&S
6 PPAA The initiating official advises the officer that if he or she requests resignation or discharge in lieu of
BN S–1 elimination action, he or she will be separated as stated below.
C&S a. Not later than 30 calendar days after receipt of notification that request for resignation or dis-
charge was approved (only when separated solely for substandard performance). Release will not
be prior to the 30th day without the officer’s consent.
b. Not later than 14 calendar days and no earlier than 5 calendar days after receipt of notifica-
tion that the request for resignation or discharge was approved when stationed in CONUS.
c. For an officer assigned OCONUS, he or she will be returned to the CONUS separation TP/TA
no later than 21 calendar days after receipt of written notification that the request for resignation or
discharge was approved, and separated no later than 5 calendar days after arrival at the CONUS
TP/TA.
7 C&S The initiating official personally signs the memorandum.
8 PPAA The GOSCA furnishes a copy of the notification memorandum directly to CDR, HRC–Alexandria
BN S–1 (AHRC–OPD–A).
C&S
9 SLDR Officer responds with acknowledgement of receipt (fig 2–4). Submits a written statement or rebut-
tal or elects one of the options in step 2 above within 30 calendar days.
a. The statement or rebuttal may be prepared with the assistance of an officer of the JAGC or
civilian counsel obtained by the officer at no expense to the Government.
b. The statement or rebuttal should contain any pertinent facts bearing on the question of the of-
ficer’s elimination. Documents submitted must be legible and reproducible. They may be sworn or
unsworn.
c. The officer submits the appropriate application for separation if in lieu of elimination option is
selected.
d. The officer undergoes a separation physical examination within 5 duty days from the date the
option is chosen.
10 C&S The initiating official (CG, HRC or GOSCA, as appropriate), on receipt of the officer’s statement or
rebuttal and/or option selection, will act as follows—
a. Closes the case (see para 4–22 and 4–23 for homosexual conduct). (Prior to closing cases
initiated under para 4–18a(3) or (4), CG, HRC, will coordinate with the initiating official.) (The
GOSCA may only close a case that he or she initiated.)
b. Expeditiously forwards the appropriate application and all elimination papers directly to CDR,
HRC–Alexandria (AHRC–OPD–A), if the officer elects one of the options in step 2a through cof
this table. (When the GOSCA is not the GCMCA, furnishes a copy to the GCMCA.) The forward-
ing endorsement includes the direct point of contact for the elimination action (to include name and
telephone number).
c. If the officer declines to elect an option, refer the case to a Board of Inquiry. The GOSCA is
authorized to appoint a field Board of Inquiry without referral to HRC. The GOSCA notifies CDR,
HRC–Alexandria (AHRC–OPD–A), by electronic message that a Board of Inquiry is being ap-
pointed and requests that two copies of the officer’s OMPF and ORB be provided.
d. Determines whether medical board or physical evaluation board proceedings are pending or
appropriate (para 4–3a) if the case is not closed.
11 C&S The GOSCA, prior to forwarding the case to the Board of Inquiry, ensures that—
a. All evidence considered by the board is included, and that the report of investigation is com-
plete.
b. Documents are legible and reproducible.
c. The statement submitted by the officer is made a part of the record.
12 C&S The GOSCA forwards the case to the Board of Inquiry. The Board of Inquiry will be completed no
later than 90 calendar days from the date that the GOSCA directs that a Board of Inquiry be con-
ducted.
13 C&S The GOSCA forwards the Board of Inquiry proceedings to the CDR, HRC (AHRC-OPD-A) no later
than 30 calendar days after the board’s adjournment. This time limit must be met.
14 C&S The GOSCA, when a Board of Inquiry recommends retention, closes the case, notifies the officer
in writing, and notifies CDR, HRC–Alexandria (AHRC–OPD–A), that the officer has been retained
by the Board of Inquiry and of the date of the officer’s notification. Forwards the board’s proceed-
ings (original copy only, either verbatim or summarized transcript) with a copy of the officer’s notifi-
cation memorandum to CDR, HRC–Alexandria (AHRC–OPD–A).
15 C&S The GOSCA, when a Board of Inquiry recommends elimination, closes the case if retention is ap-
propriate (only for eliminations initiated by a GOSCA for an officer assigned or attached to com-
mand (unless specifically withheld by HQDA)) and complies with step 14 above.
16 C&S The GOSCA, when the Board of Inquiry recommends elimination or it was initiated under para-
graph 4–18a(1), (3), or (4), completes the following administrative actions:
a. Furnishes the officer a copy of the Board of Inquiry report and obtains a receipt of acknowl-
edgement.
b. Gives the officer the options listed in step 2a through c of this table.
c. Advises the officer that—
(1) He or she may submit an appellate brief and statement within 7 calendar days after receipt
of the Board of Inquiry report or proceedings.
(2) The entire case will be considered by a Board of Review and the officer will be entitled to a
copy of the Board of Review report.
(3) If the Board of Review determines that the officer should not be retained, the case will be re-
ferred to the Secretary of the Army or their designee for final action. If the Board of Review deter-
mines the officer should be retained, the case will be closed. In either event, the officer will be noti-
fied at the earliest and practicable time by CG, HRC.
d. Have the officer undergo a separation physical examination (para 1–22).
e. Establish internal suspense controls to ensure expeditious processing of the separation physi-
cal examination.
17 C&S The GOSCA, when a Board of Inquiry recommends elimination (after completing the administra-
tive action required in step 16 above), forwards by personal endorsement the original report of the
Board of Inquiry proceedings to HRC commander including—
a. Recommendation of approval or disapproval of the Board of Inquiry’s recommendation (state
reason(s) when disapproval is recommended). The GOSCA may recommend retention when elim-
ination is recommended by the board.
b. A statement that the officer was furnished a copy of the Board of Inquiry report and whether
the officer desires a copy of the Board of Review report.
c. A recommendation of the type of discharge to be issued. (Only applicable where the officer
was required to show cause for retention for reasons indicated in paragraph 4–2b and provided
the officer is not eligible for retirement under chap 6.) The recommendation of the type of dis-
charge may be more favorable but may not be less favorable than that recommended by the
board.
d. The officer’s appellate brief (if submitted). The GOSCA must include a statement in the for-
warding memorandum that the brief was reviewed and may submit any other appropriate com-
ments concerning the brief. Derogatory information that has not been previously provided to the
respondent will not be added to the forwarding memorandum. If the GOSCA believes it necessary
to include in his endorsement derogatory information that was not previously made part of the ac-
tion, the Respondent will be served with a copy of the derogatory information and will be provided
with a reasonable opportunity to rebut the information.
e. All rebuttals and resignations or requests for discharge in lieu of elimination will have the
GOSCA’s personal endorsement.
18 PPAA On receipt of separation instructions, takes action to separate the officer. Final release orders and
(TP/TA) forms cite regulatory authority and SPD as shown in AR 635–5–1.
Section IV
Task: Process Elimination of a Probationary Officer
Table 4–2
Processing elimination of a probationary officer
Step Work center Required action
1 PPAA The initiating official (para 4–18a(1) or (2) or (3) or (4) above) notifies the officer in writing that
BN S–1 elimination action has been initiated and that he or she is required to show cause for retention on
C&S AD (fig 4–1). Initiates a DA Form 268. (See AR 600–8–2.)
2 PPAA The initiating official advises the officer of the reasons supporting the elimination action and the
BN S–1 factual allegations supporting the reasons. Only applicable reasons as outlined in paragraph 4–2
C&S (or para 4–22b for homosexual conduct) that can be supported by specific factual allegations and
evidence may be the basis for eliminations. Evidence to support the elimination must be able to
stand on its own merits. Prior coordination with a servicing judge advocate or legal advisor is re-
quired for actions initiated by the GOSCA. Advises the officer that he or she may—
a. Tender resignation in lieu of elimination (para 4–24).
b. Request discharge in lieu of elimination (para 4–24).
c. Apply for retirement in lieu of elimination if otherwise eligible for voluntary retirement as stated
in paragraph 6–17. Voluntary retirement application will be amended to specifically state that the
application is submitted in lieu of elimination.
3 PPAA The initiating official advises the officer that he or she has 30 calendar days to acknowledge in
BN S–1 writing, to prepare a written statement or rebuttal, and/ or to elect one of the options stated in step
C&S 2 above. Advises the officer of the least favorable discharge and characterization that he or she
may receive. An officer separated solely for substandard performance (para 4–2a) will receive an
Honorable Discharge. If separated for reason(s) under paragraph 4–2b or 4–22h (homosexual
conduct), an officer may receive an Under Other Than Honorable Discharge. If an Honorable or
General (Under Honorable Conditions) discharge is recommended, there will be no Board of In-
quiry unless directed by the DASA-RB or ASA(M&RA), as appropriate.
4 PPAA The initiating official advises the officer that he or she may consult with the local finance and ac-
BN S–1 counting officer concerning possible entitlement to separation pay.
C&S
5 PPAA The initiating official advises the officer that if he or she requests resignation or discharge in lieu of
BN S–1 elimination action, he or she will be separated as stated below.
C&S a. Not later than 30 calendar days after receipt of notification that request for resignation or dis-
charge was approved (only when separated solely for substandard performance). Release will not
be prior to the 30th day without the officer’s consent.
b. Not later than 14 calendar days or earlier than 5 calendar days after receipt of notification that
the request for resignation or discharge was approved when stationed in CONUS.
c. For an officer assigned OCONUS (except as stated in a above), he or she will be returned to
the CONUS separation TP/TA no later than 21 calendar days after receipt of written notification
that the request for resignation or discharge was approved and will be separated no later than 5
calendar after arrival at the CONUS TP/TA.
6 C&S The GOSCA personally signs the memorandum.
7 PPAA The GOSCA furnishes a copy of the notification memorandum directly to CDR, HRC–Alexandria
BN S–1 (AHRC–OPD–A).
C&S
8 SLDR The officer responds with acknowledgement of receipt (fig 2–4). Submits a written statement or re-
buttal and/or elects and submits an option at step 2 above to the initiating officer within 30 calen-
dar days.
a. The statement or rebuttal may be prepared with the assistance of an officer of the JAGC or
civilian counsel obtained by the officer at no expense to the Government.
b. The statement or rebuttal should contain any pertinent facts bearing on the question of the of-
ficer’s elimination. Documents submitted must be legible and reproducible. They may be sworn or
unsworn.
c. Undergo a separation physical examination within 5 duty days if an option is selected.
9 C&S The initiating official (CG, HRC, or the GOSCA, as appropriate), on receipt of the officer’s state-
ment or rebuttal and/or option selection, does as follows:
a. Closes the case. (See paras 4–22 and 4–23 for homosexual conduct.) (Prior to closing cases
initiated under para 4–18a(3) or (4), CG, HRC, will coordinate with the initiating official.) (The
GOSCA may only close a case that he or she initiated.)
b. If the officer elects one of the options listed at step 2, forwards the appropriate application
and all elimination documents directly and expeditiously to CDR, HRC–Alexandria
(AHRC–OPD–A). Recommends approval or disapproval of the application and includes the point
of contact (name and telephone number).
c. If the officer declines to elect one of the options, and an Honorable or General Discharge
(Under Honorable Conditions) is recommended, forwards the case directly to CDR,
HRC–Alexandria (AHRC–OPD–A). Include the point of contact (name and telephone number).
d. If the officer declines to elect one of the options and if an Under Other Than Honorable Dis-
charge is recommended, the elimination action will be processed under the procedures for a non-
probationary officer at table 4–1, steps 10 through 19, then return to step 11 below.
e. If the case is not closed, determine whether medical board or PEB proceedings are pending
or appropriate (para 4–3a).
10 PPAA On receipt of separation instructions, take action to separate the officer. Final release orders and
(TP/TA) forms cite regulatory authority and SPD as shown in AR 635–5–1.
Section V
Task: Process Elimination of an Officer for Homosexual Conduct
Table 4–3
Processing elimination of an officer for homosexual conduct
Step Work center Required action
1 BN S–1 Commander receives information that an officer may require that elimination action be initiated be-
PPAA cause of homosexual conduct or the officer makes a self-admitted written statement that he or she
is homosexual or bisexual.
2 BN S–1 The commander inquires thoroughly and comprehensively into the matter and ascertains all the
PPAA facts in accordance with AR 600–20.
3 BN S–1 The commander initiates an investigation if there is any credible evidence to believe that a basis
PPAA for elimination exists due to homosexual conduct in accordance with AR 600–20.
4 BN S–1 The commander, when the information is sufficient enough to authorize investigation, takes neces-
PPAA sary action to protect the security of the command. This includes suspension of the officer’s secu-
rity clearance (if any) and denial of access to classified defense information, until the case is
closed.
5 BN S–1 The commander initiates a DA Form 268. (See AR 600–8–2.)
PPAA
6 BN S–1 When an investigation is required, AR 195–2 provides guidance on criminal investigations of sex-
PPAA ual misconduct by CID and other law enforcement organizations. However, CID Regulation 195–1
states that CID will not normally investigate allegations of adult private consensual sexual miscon-
duct if that offense is the only offense involved unless referred by a commander or upon approval
by CG or Deputy Commander, U.S. Army Criminal Investigation Command.
7 BN S–1 The commander, when the investigation substantiates the allegations—
PPAA a. Refers the officer for a medical examination and mental status evaluation.
b. Refers to AR 380–67 on personal security and clearance matters related to homosexual con-
duct. Revocation of security will be according to AR 380–67, chapter 8.
8 C&S A physician conducts a medical evaluation that includes a mental status evaluation SF Form 600
(Health Record-Chronological Record of Medical Care).
9 C&S A psychiatrist conducts a psychiatric evaluation (when required). Includes in the diagnosis an opin-
ion of whether—
a. The officer was able to distinguish right from wrong at the time of the conduct under investi-
gation.
b. The officer currently has the mental capacity to understand board and judicial proceedings
and participate in own defense.
c. The officer is suffering from an incapacitating mental illness and whether the illness was prob-
ably the cause of the homosexual conduct.
10 C&S The medical treatment facility commander forwards the original medical evaluation (including the
psychiatric study, if any) to the unit commander and ensures a copy of each report is filed in the
officer’s health record.
11 BN S–1 The commander ensures that all facts indicating homosexual conduct be recorded properly. The
PPAA file will contain the following:
a. Officer’s date and place of birth.
b. Amount of active service.
c. Date and current period of service.
d. Statement of witnesses (UCMJ, art 31).
e. Medical evaluation reports.
f. Officer’s statement (in their own behalf if it is desired).
12 BN S–1 The commander, if there is not sufficient evidence to make a recommendation for elimination,
PPAA stops the action.
13 BN S–1 The commander, if there is sufficient evidence, forwards the file with recommendation for elimina-
PPAA tion through command channels to the GOSCA for processing. Intermediate commanders may
take one of the following actions:
a. Recommend disapproval of recommendation because there is not sufficient evidence that
one or more of the circumstances authorizing separation under paragraph 4–22b has occurred.
b. Recommend approval of the commander’s recommendation and forward the file to the GOS-
CA.
14 C&S The GOSCA may disapprove the recommendation for elimination, close the case and return it to
the originator due to insufficient evidence that one or more of the circumstances authorizing sepa-
ration under paragraph 4–22b has occurred or may approve the recommendation and notify the
officer in writing that elimination action has been initiated and that he or she is required to show
cause for retention on active duty.
a. When the case is for a probationary officer, follow steps 1 through 10 of table 4–2 and step
15 below. If the officer declines to elect one of the options and if an Under Other Than Honorable
Conditions Discharge is recommended, the elimination action will be processed under the actions
at table 4–1, steps 1 through 19, and step 15 below. If the DASA-RB or ASA (M&RA), as appropri-
ate, directs a Board of Inquiry, the elimination action will be further processed under table 4–1,
steps 10 through 19, and then return to step 15 below.
b. When the case is for a nonprobationary officer, follow steps 3 through 19 of table 4–1 and
then return to step 15 below.
15 PPAA On receipt of separation instructions, takes action to separate the officer. Release orders and
(TP/TA) forms will cite regulatory authority and SPD as shown in AR 635–5–1.
Section VI
Task: Process an Option that an Officer Elects while Elimination Action Is Pending
4–24. Rules for processing an option that an officer elects while elimination action is pending
a. An officer identified for elimination may, at any time during or prior to the final action in the elimination case,
elect one of the following options (as appropriate):
(1) Submit a resignation in lieu of elimination.
(2) Request discharge in lieu of elimination.
(3) Apply for retirement in lieu of elimination if otherwise eligible.
b. When an option is elected, the GOSCA may suspend elimination proceedings pending final action on the option
elected by the officer. If prior to final action on an officer’s resignation in lieu of elimination, the officer is retained by
a show-cause board, board of review, or the GOSCA, the officer’s request for resignation becomes void.
c. Any officer who has been the subject of any substantiated adverse finding or conclusion from an officially
documented investigation, proceeding or inquiry (except minor traffic infractions) since the officer’s last promotion,
will have the case forwarded to the Army Grade Determination Review Board for a grade determination under AR 15-
80 to determine the highest grade the officer satisfactorily held while on AD, provided that such information is
reflected, or should be reflected by regulation, in the officer’s OMPF. Final retirement grade determination is made by
DASA-RB or ASA(M&RA), as appropriate. The office of HRC–Alexandria (AHRC–OPD–A) forwards the following:
(1) Retirement application.
(2) The elimination notification memorandum (to include all supporting documentation).
(3) Officer rebuttal (if any).
(4) OMPF.
d. When an officer submits a resignation in lieu of elimination or a request for discharge in lieu of elimination, the
officer waives the right to a hearing before a Board of Inquiry, and the case will be processed without convening a
Board of Inquiry.
e. An officer may wish to waive the right to a Board of Inquiry contingent upon receiving a characterization of
service more favorable than the least favorable characterization authorized for the reason for elimination set forth in the
notice of elimination.
(1) Officers wishing to submit a conditional waiver will submit a completed Resignation in Lieu of Elimination (see
fig 4-5) or a Request for Discharge in Lieu of Elimination (see fig 4–7).
(2) Commanders will ensure that an officer has had an opportunity to consult with counsel before waiving the right
to a hearing before a Board of Inquiry.
f. The appropriate separation authority may approve or disapprove the conditional waiver.
g. If the conditional waiver is disapproved, the case will be referred to a Board of Inquiry unless there is a
subsequent resignation in lieu of elimination or request for discharge in lieu of elimination, where the officer
unconditionally waives the right to a hearing before a Board of Inquiry.
h. Upon final determination, HRC–Alexandria (AHRC–OPD–A) will forward appropriate separation instructions to
the appropriate PSC/MPD.
4–25. Steps for processing an option that officer elects while elimination action is pending
The required steps for processing an option that officer elects while elimination action is pending are as shown in table
4–4.
Section I
Scope
5–1. Overview
This chapter prescribes disposition and procedures concerning miscellaneous types of separations whereby an officer
may be dismissed, released, separated, and discharged from AD. In addition it provides procedures whereby officers on
AD or retired may be dropped from the rolls of the Army.
5–2. Authority
The final decision concerning acceptance of all requests for separation under this chapter will be made by HRC or
HRC–St. Louis (as appropriate).
a. The Secretary of the Army will direct discharge of officers through orders.
b. An officer whose discharge has been directed will be separated on the date specified in DA orders or as directed
by HRC and HRC–St. Louis (as appropriate).
Section II
Task: Process Separation of an Officer due to Lack of Jurisdiction
Table 5–1
Separation of an officer due to lack of jurisdiction
Step Work center Required action
1 SLDR When served with an order or writ, he or she immediately reports it to The Judge Advocate Gener-
PPAA al, as directed per AR 27–40, paragraph 3–3.
2 PPAA Notifies CDR, HRC–Alexandria (AHRC–OPD–A), by electronic message to include the information
C&S contained in the Advisory Report furnished to The Judge Advocate General.
Section III
Task: Process Discharge of Active Duty List Chaplain who Loses Professional Qualifications due to
the Withdrawal of Ecclesiastical Endorsement
5–5. Rules for processing discharge of an active duty list chaplain who loses professional
qualifications due to a withdrawal of ecclesiastical endorsement
a. Chaplains are required to possess a valid ecclesiastical endorsement (DD Form 2088) from an authorized
Religious Organization (RO) for both initial appointment and continuation on active duty. If a RO endorsing agent
withdraws a chaplain’s ecclesiastical endorsement, then the officer immediately loses their chaplain status and must
cease all religious activities, such as, performance of rites, ceremonies, services, pastoral counseling, and so forth.
b. Once notified by the Office of the Chief of Chaplains (OCCH) of a withdrawal of ecclesiastical endorsement, a
chaplain must select one of the options listed in Table 5-2, step 1 below. However, if the chaplain fails to indicate an
option to the OCCH within 30 days of notification, he or she will be immediately processed under this section for
involuntary separation from active duty unless such separation is more appropriate for other reasons under Chapter 4
(Eliminations).
c. Secretary of the Army makes the final determination.
5–6. Steps for processing discharge of an active duty list chaplain who loses professional
qualifications due to a withdrawal of ecclesiastical endorsement
The steps required for processing the discharge of an ADL chaplain who loses professional qualifications due to a
withdrawal of ecclesiastical endorsement are shown in table 5–2.
Table 5–2
Discharge due to loss of professional qualifications due to withdrawal of ecclesiastical endorsement
Step Work center Required action
1 DACH Upon notification of a loss of ecclesiastical endorsement by a RO, the Chief of Chaplains will notify
the chaplain (in writing) and advise him or her of their—
a. Right to counsel (military counsel or civilian counsel obtained at own expense).
b. Involuntary separation from active duty if he or she fails to submit an acknowledgment and
option preference within 30 calendar days of official notification.
c. Choice of the following options:
(1) Seek another ecclesiastical endorsement (officer has 90 calendar days to provide a new DD
Form 2088 to the OCCH.)
(2) Apply for branch transfer according to AR 614–100, chapter 4.
(3) Submit request for voluntary retirement (if eligible).
(4) Submit request for voluntary resignation.
d. In accordance with this regulation, involuntary separation from AD will occur if the chaplain is
denied a branch transfer or cannot obtain a new DD Form 2088 (Statement of Ecclesiastical Certi-
fication) from a valid RO.
2 SLDR Makes option selection and submits paperwork to OCCH.
3 DACH a. Chaplain provides new DD Form 2088 to OCCH. The DACH-PEA files the new endorsement
in the chaplain’s Career Management Information File (CMIF) and makes appropriate changes to
the officer’s OMPF and ORB.
b. Process the application for branch transfer according to AR 614–100, chapter 4.
c. When either d or e below is applicable, determines whether medical board or PEB proceed-
ings are pending or appropriate.
d. When a chaplain requests retirement, processes the application according to chapter 6.
e. When a chaplain requests resignation, processes the request according to paragraphs 3–5
and 3–6.
f. Final separation orders and forms will cite regulatory authority and SPD as shown in AR
635–5–1.
Section IV
Task: Process Separation of an Officer who does not Consent to Recall to Active Duty from
Temporary Disability Retired List
5–7. Rules for processing separation of an officer who does not consent to recall to active duty from
the Temporary Disability Retired List
a. An officer on the TDRL who does not consent to return to AD after they are found physically fit will be
discharged unless they are permanently retired under another provision of law.
b. HRC–Alexandria (AHRC–OPD) will forward to the officer a notification memorandum concerning removal from
the TDRL.
c. Separations under this section will be Under Honorable Conditions. A DD Form 256A will be provided based on
the officer’s characterization of service before placement on the TDRL.
5–8. Steps for processing separation of an officer who does not consent to recall to active duty from
the Temporary Disability Retired List
The steps required for processing separation of an officer who does not consent to recall to AD from the TDRL are as
shown in table 5–3.
1 C&S HRC–Alexandria (AHRC–OPD) separates (to include the final order) an officer who fails to con-
sent to recall to AD from the TDRL. Prepares and furnishes to the officer discharge orders and the
appropriate discharge certificate. Final separation orders and forms will cite regulatory authority
and SPD as shown in AR 635–5–1.
Section V
Task: Process Separation of Commissioned Officers and Chief Warrant Officers who are Twice
Nonselected for Active Duty List Promotion by an HQDA Centralized Board
5–9. Rules for processing separation of commissioned officers and chief warrant officers who are
twice nonselected for active duty list promotion by an HQDA centralized board
a. Commissioned officers and chief warrant officers on the active duty list twice nonselected for promotion to the
rank of captain, major, or lieutenant colonel and CW3, CW4, or CW5 will be involuntarily released from or discharged
unless they are—
(1) Selectively continued (see AR 600–8–29, para 1–14).
(2) Within 2 years of retirement (completes 18 or more years AFS on their scheduled release date).
(3) Retired.
(4) A health professions officer. These officers shall be retained on active duty until completion of their active duty
service obligation prior to discharge, unless sooner retired or discharged under another provision of law (10 USC 632
(c) (1)).
b. HRC–Alexandria (AHRC–OPD–A) will forward the notification memorandum (that states the officer’s options)
and, if applicable,“acknowledgment of notification of nonselection” for ADL promotion to the commander of the
nonselected officer.
c. Commissioned officers and chief warrant officers (except as stated in d and e below) will be separated on the 1st
day of the 7th calendar month after approval of the promotion board’s report unless earlier release is voluntarily
requested or retention on AD in a Reserve status is approved by the Secretary of the Army or their designee.
d. An officer may request an earlier separation date or submit a resignation, for example, to accept an appointment
as a warrant officer or for continuing on active duty in an enlisted status (AR 601–280) (whichever applies and if
eligible).
e. An officer or and warrant officer who is within 2 years of qualifying for retirement under chapter 6 (20 years
active Federal service) on scheduled release date and who can so qualify prior to attaining the maximum age will be
retained on active duty until the last day of the month following the month he or she qualifies for retirement.
Maximum ages are specified in chapter 2, section XI (RC, age 60 or for warrant officer, age 62) or chapter 6, section
VII (RA, age 62).
f. An officer or warrant officer eligible for retirement under chapter 6 may apply for retirement to be effective not
later than the first day of the seventh month beginning after the month in which the President or Secretary of the Army
(as applicable) approves the report of the board that considered the officer or warrant officer the second time.
g. If otherwise eligible, an officer may submit a resignation to continue a military career in an enlisted status, or a
commissioned officer may submit a resignation to be appointed as a USAR warrant officer. The resignation date will
be not later than the mandatory discharge or release date. For a warrant officer (with only warrant officer status), the
resignation will not be later than the mandatory discharge or release date.
h. When an officer’s case is referred to a HQDA Special Selection Board for promotion reconsideration (AR
600–8–29, chap 7), the officer will continue to be processed for separation as scheduled. However, when reconsidera-
tion is not completed by the scheduled separation date, HRC–Alexandria (AHRC–OPD–A) will temporarily suspend
the separation date, pending completion. When the board’s decision is unfavorable, the officer will be separated not
later than 30 calendar days after their receipt of notification.
i. An officer’s discharge under this paragraph will be under Honorable conditions and a DD Form 256A will be
issued.
5–10. Steps for processing separation of commissioned officers and chief warrant officers who are
twice nonselected for active duty list promotion by an HQDA centralized board
The steps required for processing separation of commissioned officers and chief warrant officers who are twice
nonselected for ADL promotion by an HQDA centralized board are as shown in table 5–4.
1 PPAA The commander notifies the non-selected officer no earlier than 2 days before the release of the
BN S–1 appropriate promotion list. Counsels the officer regarding options and ensures the officer returns
the “Acknowledgment of notification of Nonselection” to CDR, HRC–Alexandria (AHRC–OPD–A),
by the suspense date. Files a copy of the notification memorandum and the acknowledgment in
the officer’s MPF until the officer is separated.
2 PPAA Reports a dual status officer to CDR, HRC–Alexandria (AHRC–OPD–A), for processing.
3 PPAA To prevent a break in service, when an officer elects to continue on AD in another status (for ex-
ample, enlistment or appointment as a warrant officer), forwards the request for resignation or dis-
charge (fig 5–1 or fig 5–2) as follows (ensures the officer states in the memorandum of resignation
or discharge that he or she will not be entitled to separation pay):
a. For a commissioned officer, not later than 3 months before the mandatory discharge or re-
lease date.
b. For a warrant officer, as soon as possible after receipt of the mandatory discharge.
4 PPAA Final separation orders and forms will cite regulatory authority and SPD as shown in AR 635–5–1.
TP/TA
Section VI
Task: Process Separation of an Officer due to Nonselection of a Field Promotion
5–12. Steps for processing separation of an officer due to nonselection of a field promotion
The steps required for processing separation of an officer due to nonselection of a field promotion are as shown in
table 5–5.
Table 5–5
Field promotion nonselection separation
Step Work center Required action
1 PPAA Determines whether medical board or PEB proceedings are pending or appropriate (para 1–22).
BN S–1 The commander reports a dual status officer to HRC–Alexandria (AHRC–OPD–A) for processing.
2 PPAA Ensures officer is separated not later than the scheduled release date. Final separation orders and
(TP/TA) forms will cite regulatory authority and SPD as shown in AR 635–5–1. Forwards a copy of DA
Form 78–R (Recommendation for Promotion to 1LT/CW2) with all enclosures and comments) to—
a. CDR, HRC–Alexandria (AHRC–appropriate career management division).
b. CDR, HRC–Alexandria (AHRC–MSR).
Section VII
Task: Process Separation of an Officer due to Conviction by Foreign Tribunal
5–13. Rules for processing separation of an officer due to conviction by foreign tribunal
a. An officer will be discharged when they have been convicted by a foreign tribunal and either of the following
applies:
(1) The officer has been sentenced to death or imprisonment for more than 6 months, regardless of whether the
sentence was suspended.
(2) Regardless of actual sentence imposed, the officer has been convicted of an offense for which a sentence of
more than 6–months of confinement is authorized by the Manual for Courts-Martial, United States, appendix 12.
(When the offense is not listed in the Maximum Punishments Chart or not closely related to an offense listed, the
maximum punishments authorized by the United States or District of Columbia Code (whichever is less) will apply.)
5–14. Steps for processing the separation of an officer due to conviction by foreign tribunal
The steps required for processing the separation of an officer due to conviction by foreign tribunal are as shown in
table 5–6.
Table 5–6
Processing separation due to conviction by foreign tribunal
Step Work center Required action
1 PPAA The OCONUS MACOM forwards to CDR, HRC–Alexandria (AHRC–OPD–A), a report of an officer
BN S–1 who is convicted after final action has been taken by foreign authorities. The report will contain—
C&S a. A recommendation as to administrative discharge or other disposition.
b. A copy of the official United States observer’s report of trial or a transcript of the trial, if ob-
tainable.
c. Officer’s name, grade, Social Security number, branch, and organizational assignment.
d. Alleged offense (includes all pertinent facts and circumstances).
e. Name of court, date, and place of trial.
f. Offense(s) of which found guilty, sentence imposed, and whether suspended.
g. Matters in mitigation, extenuation, or aggravation.
h. Appellate action, if any, and results.
i. Whether further action is possible or recommended.
2 PPAA The OCONUS MACOM, when HRC authorizes an officer’s discharge in a foreign country, informs
BN S–1 the United States diplomatic mission in the country of such action.
C&S
3 PPAA Upon receipt of separation instructions, takes action to separate the officer.
(TP/TA)
Section VIII
Task: Process an Officer who is Dropped from the Army Rolls
5–15. Rules for processing an officer who is dropped from the Army rolls
a. Under 10 USC 1161 and 12684, the Secretary of the Army or their designee may drop any commissioned officer
from the rolls of the Army who—
(1) Is not entitled to receive retired pay and has been found guilty by civil authorities of any offense and sentenced
to confinement in a Federal or State penitentiary or correctional institution and their sentence has become final.
(2) Has been absent without leave (AWOL) for at least 3 months.
(3) Is deprived of retired pay under title 5, USC, chapter 83, subchapter II.
b. An RA warrant officer who has not been commissioned may not be dropped from the rolls under (1) or (2),
above.
c. Commander, HRC–Alexandria (AHRC-OPD–A), will issue separation instructions to drop the officer from the
Army rolls, when appropriate.
d. Commander, HRC–St. Louis (AHRC–AR), must release USAR AGR officers from AGR status.
5–16. Steps for processing an officer who is dropped from the Army rolls
The steps required for processing an officer who is dropped from the Army rolls are as shown in table 5–7.
1 PPAA The commander, when information is received that indicates an officer warrants being dropped
BN S–1 from the rolls of the Army, forwards such information through channels to CDR, HRC–Alexandria
(AHRC–OPD–A). Includes—
a. A detailed statement (including documentary evidence) why the officer may be dropped from
the Army rolls.
b. When appropriate, a certified copy of the court order conviction or letter from the warden of
the penitentiary or correctional institution verifying the officer’s confinement.
2 PPAA Upon receipt of separation instructions, takes action to separate the officer. When separation is
(TP/TA) accomplished, forwards officer fingerprints to the FBI as required in AR 190–47, paragraph 5–2,
and AR 635–10, paragraph 3–15.
Section IX
Task: Process Dismissal of an Officer due to General Courts-Martial Proceedings
5–17. Rules for processing dismissal of an officer due to general courts-martial proceedings
a. An officer convicted and sentenced to dismissal as a result of GCM proceedings will be processed pending
appellate review of such proceedings as follows:
(1) An RA officer will be retained on AD until the appellate review is completed or placed on excess leave in
accordance with AR 600–8–10.
(2) An RC officer may be released from AD pending completion of the appellate review, under paragraphs 2–33 and
2–34, or placed on excess leave in accordance with AR 600–8–10 in lieu of REFRAD.
b. The HRC will make the final determination regarding retention or separation. Separation instructions will be
issued by HRC–Alexandria (AHRC–OPD–A) to the appropriate PSC/MPD.
5–18. Steps for processing dismissal of an officer due to general courts-martial proceedings
The steps required for processing dismissal of an officer due to general courts-martial proceedings are as shown in
table 5–8.
Table 5–8
Dismissal due to general courts-martial proceedings
Step Work center Required action
1 PPAA The commander forwards to CDR, HRC–Alexandria (AHRC–OPD–A), a report of an officer who
BN S–1 meets the criteria in the above rule. The report will contain the following:
C&S a. Officer’s name, grade, Social Security number, branch, and organizational assignment.
b. Alleged offense (includes all pertinent facts and circumstances).
2 PPAA Upon receipt of separation instructions, separates the officer and forwards fingerprints to the FBI
(TP/TA) as required in AR 190–47, paragraph 10–2, and AR 635–10, paragraph 3–15.
Chapter 6
Retirements
Section I
Overview
Section II
Voluntary Retirements
Section III
Task: Process Retirement in Lieu of Permanent Change of Station
Section IV
Task: Process Voluntary Retirement Application
Section V
Task: Process a Retirement Withdrawal or a Change in the Retirement Date
6–21. Rules for processing a retirement withdrawal or a change in the retirement date
a. The request to withdraw or change the effective date of approved retirement applications will only be approved
by HRC for promotion, compassionate reasons, or for the convenience of the Army. The HRC-Alexandria (AHRC-
OPD-A) will notify the appropriate MPD/PSB of the approval or disapproval of request and issue a new control
number to be used on the amendment or revocation of the retirement order.
b. Retirement applications in lieu of PCS are final.
c. An endorsing commander may approve a retirement withdrawal, provided a control number has not been issued
or that the retirement application has not been forwarded to the approval authority (HQDA).
d. When an officer has an approved retirement pending and is subsequently selected for promotion, he or she may
request to withdraw the application to accept the promotion. However, the officer remains subject to worldwide
assignment according to the needs of the Army.
6–22. Steps for processing a retirement withdrawal or a change in the retirement date
The steps required for processing a retirement withdrawal or a change in the retirement date are as shown in table 6–3.
Table 6–3
Processing retirement withdrawal or retirement date change
Step Work Center Required Action
Section VI
Mandatory Retirement
6–23. Scope
a. A mandatory retirement is required by law and is initiated by HQDA. An officer must be retired on the date
established by the applicable statute unless specifically provided by law (10 USC 640). An officer may request
retirement and be retired voluntarily on mandatory retirement date.
Section VII
Task: Process Mandatory Retirement Due to Maximum Age
Table 6–4
Processing mandatory retirement due to maximum age
Step Work center Required Action
1 SLDR Receives maximum age notification approximately 9 months before the scheduled retirement, in-
cluding the following guidance:
a.Mandatory retirement date, the specific statutory authority, and pertinent service data.
b. Advisement to contact local medical examining facility regarding any known medical prob-
lems.
2 SAA Receives copy of the officer’s maximum age notification memorandum, including the preretirement
C&S data instructions.
BN S–1
3 PSC Receives copy of the officer’s maximum age notification memorandum and takes the following ac-
SACT tions:
a. Coordinates to ensure the officer has received notification memorandum and to provide as-
sistance as needed.
b. Controls the separation processing.
c. Maintains the officer’s file for 30 calendar days after retirement, then destroys the file.
4 BN S–1 Forwards the officer’s preretirement data (fig 6–3) through channels (includes point of contact
SACT (POC) and telephone number), a minimum of 3 months prior to the scheduled date, to the follow-
ing:
a.General Officer Management Office, Office of the Chief of Staff, Army, 200 Army Pentagon,
Washington, DC 20310–0200.
b. CDR, HRC–Alexandria, ATTN (AHRC–OPD–A), ALEX VA 22332–0478, for all other officers.
5 TRCT Receives retirement packet and conducts retirement processing. Final separation forms will cite
(TP/TA) regulatory authority and SPD as shown in AR 635–5–1.
Section VIII
Task: Process Mandatory Retirement due to Maximum Service
1 SLDR Receives maximum service notification memorandum approximately 9 months before the manda-
tory retirement date and the following guidance:
a. Mandatory retirement date, the specific statutory authority, and pertinent service data.
b. Advisement to contact local medical examining facility regarding any known medical prob-
lems.
2 SAA Receives copy of the officer’s maximum service notification memorandum including the preretire-
C&S ment data instructions.
BN S–1
3 BN S–1 Receives copy of the officer’s maximum service notification memorandum and takes the following
SACT actions:
a.Coordinates to ensure the officer has received notification memorandum and to provide assist-
ance as needed.
b. Controls the separation processing.
c. Maintains the officer’s file for 30 days after the retirement, then destroys the file.
4 BN S–1 Forwards the officer’s preretirement data (fig 6–3), including POC and telephone phone number,
SACT through channels, a minimum of 3 months prior to the scheduled date, to the following:
a. General Officer Management Office, Office of the Chief of Staff, Army, 200 Army Pentagon,
Washington, DC 20310–0200.
b. CDR, HRC–Alexandria (AHRC–OPD–A), ALEX VA 22332–0478, for all other officers.
5 TRCT Receives retirement packet and conducts retirement processing. Final separation forms will cite
(TP/TA) regulatory authority and SPD as shown in AR 635–5–1.
Section IX
Task: Process Selective Early Retirement/Selective Retirement
Table 6–6
Processing selective early retirement/selective retirement
Step Work center Required Action
1 C&S Receives notification memorandum on individual officer or warrant officer selected for early retire-
ment. Notifies officer or warrant officer concerned and returns signed statement that he or she was
notified to CDR, HRC–Alexandria (AHRC–OPD–A).
2 SLDR Receives notification from a flag officer of selection for early retirement. Complies with the admin-
istrative instructions in the notification memorandum.
3 TRCT Receives retirement packet and conducts retirement processing. Final separation forms will cite
(TP/TA) regulatory authority and SPD as shown in AR 635–5–1.
Section I
Required Publications
AR 15–6
Procedures for Investigating Officers and Boards of Officers. (Cited in paras 4–6, 4–9, 4–11, and 4–15.)
AR 15–80
Army Grade Determination Review Board and Grade Determinations. (Cited in para 6–1.)
AR 27–40
Litigation. (Cited in table 5–4.)
AR 37–104–4
Military Pay and Allowances Policy and Procedures— Active Component. (Cited in para 1–15.)
AR 40–400
Patient Administration. (Cited in paras 1–22 and 2–13 and tables 2–5 and 3–4.)
AR 40–501
Standards of Medical Fitness. (Cited in paras 1–22, 3–8, 3–9, 6–6, and table 3–2.)
AR 135–18
The Active Guard/Reserve (AGR) Program. (Cited in paras 2–25 and 2–27.)
AR 135–91
Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures. para (Cited in
para 2–3.)
AR 135–155
Promotion of Commissioned Officers and Warrant Officers Other Than General Officers. (Cited in summary of
change.)
AR 135–180
Qualifying Service for Retired Pay Nonregular Service. (Cited in paras 2–23 and 2–25.)
AR 135–215
Officer Periods of Service on Active Duty. (Cited in paras 2–5, 2–15, 2–27, and 2–29.)
AR 135–381
Incapacitation of Reserve Component Soldiers. (Cited in para 1–22.)
AR 140–10
Assignments, Attachments, Details, and Transfers. (Cited in paras 2–25 and 2–41.)
AR 140–30
Active Duty in Support of the United States Army Reserve (USAR) and Active Guard Reserve (AGR) Management
Program. (Cited in para 2–5.)
AR 190–47
The Army Corrections System. (Cited in tables 2–16, 3–5, 3–6, 5–7, and 5–8.)
AR 335–15
Management Information Control System. (Cited in table 2–16.)
AR 350–100
Officer Active Duty Service Obligations. (Cited in paras 1–11, 2–5, 3–5, 6–14, and 6–16.)
AR 600–8–2
Suspension of Favorable Personnel Actions (FLAGS). (Cited in paras 2–31, 2–34, 6–14, 6–19, 6–21, and tables 2–15,
4–1, 4–2, 4–3, 6–1, and 6–2.)
AR 600–8–29
Officer Promotions. (Cited in paras 2–41, 5–9, and 5–11.)
AR 600–9
The Army Weight Control Program. (Cited in paras 2–31, and 4–2.)
AR 600–37
Unfavorable Information. (Cited in paras 2–39 and 4–2.)
AR 600–43
Conscientious Objection. (Cited in para 1–31.)
AR 600–85
Army Substance Abuse Program (ASAP). (Cited in paras 2–31 and 4–2.)
AR 601–100
Appointment for Commissioned and Warrant Officers in the Regular Army. (Cited in para 2–21.)
AR 601–280
Army Retention Program. (Cited in paras 3–7, 5–9, and table 3–2.)
AR 614–30
Overseas Service. (Cited in paras 2–5, 3–5, tables 2–5 and 3–4.)
AR 614–100
Officer Assignment Policies, Details, and Transfers. (Cited in table 5–2.)
AR 614–120
Interservice transfer of Army Commissioned Officers on the Active Duty List. (Cited in para 1–32.)
AR 623–105
Officer Evaluation Reporting System. (Cited in paras 2–39, and 4–2.)
AR 635–10
Processing Personnel for Separation. (Cited in paras 1–26, 5–18, 6–5, and tables 2–16, 3–16, 5–7, and 5–8.)
AR 635–40
Physical Evaluation for Retention, Retirement or Separation. (Cited in para 1–23.)
AR 635–200
Active Duty Enlisted Administrative Separations. (Cited in table 3–2.)
DODD 5200.2–R
Personnel Security Program (Cited in paras 1–21a, b(4), and c.)
DODPM
Department of Defense Military Pay and Allowances Entitlements Manual. (Cited in paras 1–13, 1–24, 2–31, and
2–39.) (Available from http://secureappz.hqda.pentagon.mil/perdiem/trvlregs.html.)
NGR 635–100
Termination of Appointment and Withdrawal of Federal Recognition. (Cited in paras 2–25, and 2–37) (Available from
www.ngbpdc.ngb.army.mil/arngfiles.asp.)
Section II
Related Publications
A related publication is merely a source of additional information. The user does not have to read it to understand this
publication. Public Laws are available at http://thomas.loc.gov/bss/. Volumes of the Code of Federal Regulations are
available at http://www.gpoaccess.gov/cfr/index.html and volumes of the United States Code are available at http://
www.gpoaccess.gov/uscode/.
AR 135–100
Appointment of Commissioned and Warrant Officers of the Army.
AR 135–175
Separation of Officers.
AR 135–200
Active Duty for Missions, Projects, and Training for Reserve Component Soldiers.
AR 195–2
Criminal Investigation Activities.
AR 600–8
Military Personnel Management.
AR 600–8–10
Leaves and passes.
AR 600–8–105
Military Orders.
AR 600–20
Army Command Policy.
AR 600–110
Identification, Surveillance, and Administration of Personnel Infected with Human Immunodeficiency Virus (HIV).
AR 601–10
Management and Mobilization of Retired Soldiers of the Army.
AR 601–210
Regular Army and Army Reserve Enlistment Program.
AR 635–5
Separations Documents.
AR 635–5–1
Separation Program Designator (SPD) Codes.
DODI 1332.29
Eligibility of Regular and Reserve Personnel for Separation Pay.
5 USC, chapter 83
Retirement.
5 USC 8301
Uniform retirement date.
10 USC, chapter 71
Computation of retired pay.
10 USC 101
Definitions.
10 USC 611
Convening of selection boards.
10 USC 620
Active-Duty Lists.
10 USC 630
Discharge of commissioned officers with less than five years of active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior grade).
10 USC 631
Effect of failure of selection for promotion: first lieutenants and lieutenants (junior).
10 USC 633
Retirement for years of service: regular lieutenant colonels and commanders.
10 USC 634
Retirement for years of service for Regular Army colonels and Navy captains.
10 USC 635
Retirement for years of service: regular brigadier general and rear admirals (lower half).
10 USC 636
Retirement for years of service: regular officers in grades above brigadier general and rear admiral (lower half).
10 USC 638
Selective Early Retirement.
10 USC 639
Continuation on active duty to complete disciplinary action.
10 USC 1164
The maximum ages for retention of warrant officers after 20 years of active Federal service.
10 USC 1165
Regular warrant officers: separation during three-year probationary period.
10 USC 1166
Regular warrant officers: elimination for unfitness or unsatisfactory performance.
10 USC 1181
Authority to establish procedures to consider the separation of officers for substandard performance of duty and for
certain other reasons.
10 USC 1186
Officer considered for removal: voluntary retirement or discharge.
10 USC 1187
Officers eligible to serve on boards.
10 USC 1223
Retired pay for non-regular service.
10 USC 1251
Provides for exceptions to age 62 retirement for age criteria for regular commissioned officers.
10 USC 1263
Age 62: regular commissioned officers; exceptions.
10 USC 1293
Twenty years or more: warrant officers.
10 USC 1305
Thirty years or more: regular warrant officers.
10 USC 1331
Reference to chapter 1223.
10 USC 1371
Warrant officers: general rule.
10 USC 2004
Detail of commissioned officers as students at law schools.
10 USC 2005
Advanced education assistance: active duty agreement; reimbursement requirement.
10 USC 2123
Members of the program: active duty obligation; failure to complete training; release from program.
10 USC 3064
Special branches.
10 USC 3911
Regular or reserve commissioned officers: twenty years or more.
10 USC 3920
More than thirty years: permanent professors and Director of Admissions of the United States Military Academy.
10 USC 3924
Forty years or more: Army officers.
10 USC 3926
Computation of years of service: voluntary retirement; enlisted members.
10 USC 3962
Higher grade for service in special positions.
10 USC 3964
Higher grade after 30 years of service: warrant officers.
10 USC 3991
Computation of retired pay.
10 USC 12207
Commissioned officers: service credit upon original appointment.
10 USC 12301
Reserve Components; generally.
10 USC 12308
Retention after becoming qualified for retirement pay.
10 USC 12313
Reserves: release from active duty.
10 USC 12643
Boards for appointment, promotion, and certain other purposes: composition.
10 USC 12646
Commissioned officers: retention of after completing 18 or more, but less than 20, years of service.
10 USC 12681
Reserves: discharge authority.
10 USC 12683
Reserve officers: limitation on involuntary separation.
10 USC 12686
Reserves on active duty within two years of retirement eligibility: limitation on release from active duty.
10 USC 12731
Age and service requirements.
10 USC 12737
Limitation on active duty.
10 USC 14507(a)
Removal from the reserve active-status list for years of service: reserve lieutenant colonels and colonels of the Army,
Air Force, and Marine Corps and reserve commands and captains of the Navy.
10 USC 14508
Removal from the reserve active-status list for years of service: reserve general and flag officers.
10 USC 14703
Authority to retain chaplains and officers in medical specialties until specified age.
10 USC 14706
Computation of total years of service.
10 USC 14907
Army National Guard to the United States and Air National Guard of the United States: discharge and withdrawal of
Federal recognition of officers absent without leave.
37 USC
Pay and allowances of the uniformed services.
37 USC 201(b)
Pay grades: assignment to; general order.
37 USC 204(b)
Entitlement.
38 USC
Veteran’s Benefits.
38 USC 3103
Periods of eligibility.
Section III
Prescribed Forms
Except otherwise stated, DA forms are available on the Army Publishing Directorate Web site (www.apd.army.mil).
DD forms are available from the OSD Web site (http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm).
SFs are available from the GSA Web site (http://www.GSA.Gov.forms).
DA Form 7301–R
Officer Service Computation for Retirement.
Section IV
Referenced Forms
DA Form 67–9
U.S. Army Officer Evaluation Report.
DA Form 78–R
Recommendation for Promotion to 1LT/CW2.
DA Form 200
Transmittal Record.
DA Form 201
Military Personnel Records Jacket, U.S. Army.
DA Form 268
Report to Suspend Favorable Personnel Actions.
DA Form 1574
Report of Proceedings by Investigating Officer/Board of Officers.
DD Form 214
Certificate of Release or Discharge from Active Duty. (Available through normal forms supply channels.)
DD Form 214WS
Certificate of Release for Discharge from Active Duty, Worksheet. (Available through normal forms supply channels.)
DD Form 256A
Honorable Discharge Certificate. (Available through normal forms supply channels.)
DD Form 577
Signature Card.
DD Form 2088
Statement of Ecclesiastical Certification.
SF 600
Health Record—Chronological Record of Medical Care.
AD
active duty
ADL
active duty list
ADSO
active duty service obligation
ADSW
active duty for special work
ADT
active duty for training
AFCS
active Federal commissioned service
AFS
Active Federal Service
AGR
Active Guard Reserve
AMEDD
Army Medical Department
APFT
Army Physical Fitness Test
ARBA
Army Review Boards Agency
ARNG
Army National Guard
ARNGUS
Army National Guard of the United States
ASA(M&RA)
Assistant Secretary of the Army (Manpower and Reserve Affairs)
AWOL
absent without leave
BAS
basic allowance for subsistence
CAR
Chief, Army Reserve
CDR
commander
CG
commanding general
CONUS
continental United States
CW
Chief Warrant
CW2
Chief Warrant Officer, W–1
CW3
Chief Warrant Officer, W–3
CW4
Chief Warrant Officer, W–4
CW5
Chief Warrant Officer, W–5
DA
Department of the Army
DAADB
Department of the Army Active Duty Board
DACH
Department of the Army Chief of Chaplains
DARNG
Director, Army National Guard
DASA-RB
Deputy Assistant Secretary of the Army-Reviews Boards
DCS, G-1
Deputy Chief of Staff, G–1
DD
Department of Defense
DMG
distinguished military graduate
DOD
Department of Defense
DODPM
Department of Defense Military Pay and Allowances Entitlements Manual
DOPMA
Defense Officer Personnel Management Act
DSN
Defense Switched Network
FAX
facsimile
FLEP
Funded Legal Education Program
GCM
general court-martial
GCMCA
General courts-martial convening authority
GOSCA
general officer show cause authority
HIV
Human Immunodeficiency Virus
HQDA
Headquarters, Department of the Army
HRC
Human Resources Command
JAGC
Judge Advocate General’s Corps
JFTR
Joint Federal Travel Regulation, Volume 1
MACOM
major Army command
M&RA
Manpower and Reserve Affairs
MOI
Memorandum of Instruction
MOS
military occupational specialty
MPD
Military Personnel Division
MPF
military personnel file
MSO
military service obligation
MTF
medical treatment facility
MTOE
modification table of organization and equipment
NGB
National Guard Bureau
OBV
obligated volunteer
OCAR
Office of the Chief, Army Reserve
OCONUS
outside continental United States
OER
Officer Evaluation Report
OMPF
official military personnel file
ORB
Officer Record Brief
OTRA
other than Regular Army
PA
physician assistant
PCS
permanent change of station
PEB
Physical Evaluation Board
POC
point of contact
PPAA
personnel plans and actions
PRP
Personnel Reliability Program
PS
personnel support
PSC
Personnel Service Company
PSST
personnel services support team
RA
Regular Army
RC
Reserve Component
REFRAD
release from active duty
ROTC
Reserve Officers’ Training Corps
S2
intelligence officer (U.S. Army)
SAA
separation approval authority
SACT
Soldier action
SLDR
Soldier
SPD
separation program designator
SSN
Social Security number
TDA
table of distribution and allowances
TDRL
Temporary Disability Retired List
TJAG
The Judge Advocate General
TOE
table of organization and equipment
TP/TA
transition point/transition activity
TRCT
transition center
TTAD
temporary tours of active duty
TWOS
Total Warrant Officer System
UCMJ
Uniform Code of Military Justice
USAR
U.S. Army Reserve
USAREUR
U.S. Army, Europe
USC
United States Code
WO
warrant officer
WOBC
Warrant Officer Basic Course
Section II
Terms
Assignment alert
The official notification of an impending assignment sent by writing, voice, e-mail, or other medium from DA or HRC
assignment officials to an officer. An assignment is considered “firm” when an officer has been selected to fill a valid
requisition (that is, when and where the officer will be assigned).
bisexual
A person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual and
heterosexual acts.
Boards of Inquiry
Boards of officers convened to give fair and impartial hearing to evidence concerning the fitness of an officer who has
been required to show cause for retention and make findings and recommendation whether he or she will be retained or
eliminated.
Boards of Review
Boards of officers convened to review cases of officers recommended for elimination by Boards of Inquiry to
determine whether elimination or retention is warranted.
Continuation Boards
Boards of officers convened at NGB, OCAR, and State level to review records of AGR officers for continuation in the
Commissioned Service
A period beginning from the date of commission and continuing, without regard to periods of active duty, until military
status is terminated.
Credible information
Credible information exists when the information, considering its source and the surrounding circumstances, supports a
reasonable belief that a service member has engaged in homosexual conduct. It requires a determination based on
articulable facts, not just a belief or suspicion.
Current tour
The tour of duty that commenced on the date last entered on active duty, regardless of current service commitment or
extension.
Date of retirement
The date the officer’s name is placed on the appropriate retired list. For all officers retired under provisions of chapter
6, the date of retirement is the first day of a month (5 USC 8301) and with the exception of the provisions of paragraph
6–13c(1) for a USAR officer, is the day following the date the officer is released from active duty.
discharge
The discharge of an officer is a form of administrative elimination that terminates all military status. Discharge is
distinct from a release from active duty (REFRAD), which is a form of administrative separation that terminates a
period of active duty.
Dismissal
Release of an officer/warrant officer from the service without honor upon sentence of dismissal by a court-martial.
Elimination
Removal from commissioned or warrant officer status in the Army and removal from active duty and the active duty
list.
Factual allegation
A brief description of a specific incident which supports a reason for elimination.
Homosexual act
Any bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of
satisfying sexual desires and any bodily contact (for example, hand-holding, slow dancing, or kissing) that a reasonable
person would understand to demonstrate a propensity or intent to engage in such bodily contact.
Homosexual conduct
A homosexual act, a statement by a Soldier that demonstrates a propensity or intent to engage in homosexual acts, the
solicitation of another to engage in homosexual act or acts, or a homosexual marriage or attempted marriage.
Homosexual marriage
A homosexual marriage or attempted marriage is when a person has married or attempted to marry a person known to
be of the same biological sex (as evidenced by the external anatomy of the person involved).
Major commanders
Commanders of Eighth U.S. Army, Korea; Military Surface Deployment and Distribution Command (SDDC), VA,
United States U.S. Army Corps of Engineers (USACE), DC, United States U.S. Army Criminal Investigation Com-
mand, VA, United States U.S. Army Europe (USAREUR), Germany U.S. Army Forces Command (FORSCOM), GA,
United States U.S. Army Intelligence and Security Command, VA, United States U.S. Army Materiel Command
(AMC), VA, United States U.S. Army Medical Command (MEDCOM), TX, United States U.S. Army Military District
of Washington, DC, United States U.S. Army Pacific Command (USARPAC), HI, United States U.S. Army South
(USARSO), TX, United States U.S. Army Space and Missile Defense Command (SMDC), VA, United States U.S.
Army Special Operations Command (USASOC), NC, United States U.S. Army Training and Doctrine Command
(TRADOC), VA, United States.
Mandatory retirement
A retirement that is required by law, subject to certain contingencies as outlined in the law, and must be effected
regardless of the desire of the officer or HQDA unless otherwise specifically provided by the law (applies only to RA).
National security
See definition contained in AR 380–67.
Nonprobationary officer
a. Regular Army commissioned officers and USAR commissioned officers with more than 5 years commissioned
service.
b. Warrant officers with more than 3 years service since original appointment in their present component.
Officer
Male or female commissioned officers and warrant officers unless otherwise indicated.
Probationary officer
a. Regular Army commissioned officers and officers in the USAR (OTRA) with less than 5 years commissioned
service (10 USC 630).
b. Warrant officers who have less than 3 years service since original appointment in their present component (10
USC (b) (10)).
Propensity
Propensity to engage in homosexual acts means more than an abstract preference or desire to engage in homosexual
acts; it indicates a likelihood that a person engages or will engage in homosexual acts.
reasonably available
Those officers assigned to local installations or within the GCMCA area are considered reasonably available to serve as
members of boards of inquiry.
Recoupment
Officers who participate in certain advanced education programs sometimes fail to complete their educational require-
ments, or active duty or Reserve Component obligations. These officers are subject to the recoupment provisions of AR
37–104–3. Recoupment must be accomplished prior to the separation of an officer who has not fulfilled the service
obligation incurred as a result of participation in that advanced education program (10 USC 2123 and 10 USC 2005).
Reserve Components
The Army National Guard of the United States and the U.S. Army Reserve.
Sexual orientation
An abstract sexual preference for persons of a particular sex, as distinct from a propensity or intent to engage in sexual
acts.
Statement
A statement that an officer is a homosexual or bisexual or words to that effect. Language or behavior that a reasonable
person would believe was intended to convey the statement that a person engages in, attempts to engage in, or has a
propensity or intent to engage in homosexual acts.
Transfer
Release from assignment in one component, branch category, or administrative entity of the Army or a component
thereof, with concurrent assignment to another component, branch category, or administrative entity.
Voluntary retirement
Any type of retirement in a commissioned or warrant officer status that is optional with the officer.
Section III
Special Abbreviations and Terms
PIN: 073106–000
DATE: 04-12-06
TIME: 09:22:03
PAGES SET: 133
SECURITY: UNCLASSIFIED
DOC STATUS: NEW PUBLICATION