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The Service concerned must notify an enlisted member in writing of each of the following if the member's separation by Secretarial Plenary Authority is anticipated:
- the basis of the member's proposed separation, including the circumstances upon which the action is based and a reference to the applicable provisions of the Military Department's implementing regulation
- whether the proposed separation could result in the member's discharge, release from Active Duty to a Reserve Component, transfer from the Selected Reserve to the Individual Ready Reserve (IRR), release from custody or control of the Military Services, or another form of separation.
- the least favorable character of service or description of separation authorized for the member's proposed separation
- the member's right to obtain copies of documents or summaries of classified documents that will be forwarded to the separation authority supporting the basis of the proposed separation
- the member's right to submit statements on the member's behalf
- the member's right to consult with counsel qualified pursuant to Article 27(b)(1) of the Uniform Code of Military Justice
- that a non-lawyer counsel may be appointed for the member when the member is deployed aboard a vessel or in similar circumstances of separation from sufficient judge advocate resources as determined under standards and procedures specified by the Secretary concerned
- that the member may consult with civilian counsel retained at the member's expense
- all proposed reasons for separation if separation processing is initiated on the basis of more than one reason.
- that the member has the right to obtain copies of documents, to submit statements on the member's behalf, and to consult with counsel if the member is in civil confinement, absent without leave, in a Reserve Component not on Active Duty, or upon transfer to the IRR
- that the member has the right to waive the rights to obtain copies of documents, to submit statements on the member's behalf, and to consult with counsel after the member is afforded a reasonable opportunity to consult with counsel
- that the member's failure to respond to the selection of rights constitutes a waiver of those rights |