Description |
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The Service concerned may separate an enlisted member in lieu of trial by courts-martial if each of the following is true:
- Court-martial charges have been preferred against the member with respect to an offense for which a punitive discharge is authorized.
- A determination has been made, in accordance with paragraph 1 of Enclosure 4 to Department of Defense Instruction 1332.14, that the member is unqualified for further military service.
- The member requested separation in lieu of trial by courts-martial in writing.
- The member's request for separation in lieu of trial by courts-martial is signed by counsel unless the member waived the right to counsel.
- The member's request contains, in accordance with Secretary concerned guidance, one or both of the following:
- An acknowledgment of guilt of one or more of the offenses or any lesser included offenses for which a punitive discharge is authorized.
- A summary of the evidence or list of documents (or copies thereof) provided to the member pertaining to the offenses for which a punitive discharge of the member is authorized.
- The member's written request for separation in lieu of trial by courts-martial states that the member understands each of the following:
- The elements of the offense or offenses for which the member is charged.
- That a characterization of service of Under Other Than Honorable Conditions is authorized.
- That a characterization of service of Under Other Than Honorable Conditions is adverse in nature and may result in negative consequences to the member. |
Comments |
Business Rule Extra Properties |
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Business Rule Number: | 1003306 |
APG Compliant? | |
Business Rule Category: | Action Assertion |
Business Rule Level: | Operational |
Business Rule Source Type: | Compliance Requirement |
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CBM Stakeholder(s) (1) |
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BPM Process(es) (2) |
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Assess Eligibility for Separation Provide Separation Decision |
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