Pattern of Misconduct
A member may be separated for a pattern of misconduct when he or she has:
- a series of at least two disciplinary infractions which have been adjudicated by at least one nonjudicial punishment (NJP);
- three or more unauthorized absences, each of which is more than 3 days, but less than 30 days in duration; or
- an established pattern of dishonorable failure to contribute adequate support to dependents or failure to comply with orders, decrees or judgments of civil court concerning support of dependents…
The member must have violated counseling prior to initiating processing.
Commission of a Serious Offense and Civilian Conviction
An individual must be processed for separation when misconduct resulted in, or had the potential to result in, death or serious bodily injury. (The Navy cites examples such as homicide, arson, armed robbery, as well as spouse and child abuse.) Other examples of serious offenses include sexual behavior that deviates from socially acceptable standards of morality and decency and some types of sexual harassment.
It is mandatory for a member to be processed for separation by reason of misconduct due to drug abuse if there is a military offense, civil conviction, or action taken which is tantamount to a finding of guilt for one of the following:
- Drug Abuse: The illegal or wrongful use or possession of controlled substance(s).
- [Possession of] Drug Paraphernalia: All equipment, products and materials that are used, intended for use, or designed for use in injecting, ingesting, inhaling, or otherwise introducing into the human body controlled substances in violation of the law.
- Drug Trafficking: The sale, transfer or possession with intent to sell or transfer, controlled substance(s).