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a. Basis. A Service member may be separated for misconduct when it is determined under the guidance set forth in paragraph 1 of Enclosure 4 that the Service member is unqualified for further military service by reason of one or more of the following circumstances:
(1) Minor Disciplinary Infractions. A pattern of misconduct consisting solely of minor disciplinary infractions. If separation of a Service member in entry-level status is warranted solely by reason of minor disciplinary infractions, the action should be processed under entry-level performance and conduct (see section 6 of this enclosure).
(2) A Pattern of Misconduct. A pattern of misconduct consisting of:
(a) Discreditable involvement with civil or military authorities; or
(b) Conduct prejudicial to good order and discipline.
(3) Commission of a Serious Offense. Commission of a serious military or civilian offense if a punitive discharge would be authorized for the same or a closely related offense under the Manual for Courts-Martial (Reference (m)).
(4) Civilian Conviction
(a) Conviction by civilian authorities or action taken that is tantamount to a finding of guilty, including similar adjudications in juvenile proceedings and if the following conditions are present:
1. A punitive discharge would be authorized for the same or a closely related offense under Reference (m); or
2. The sentence by civilian authorities includes confinement for 6 months or more without regard to suspension or probation.
(b) Separation processing may be initiated whether or not a Service member has filed an appeal of a civilian conviction or has stated an intention to do so. Execution of an approved separation should be withheld pending outcome of the appeal or until the time for appeal has passed, but the Service member may be separated before final action on the appeal upon request of the Service member or upon direction of the Secretary concerned.
b. Counseling and Rehabilitation. Separation processing for minor disciplinary infractions or a pattern of misconduct (see subparagraphs 10.a.(2)(a) and 10.a.(2)(b) of this enclosure) may not be initiated until the Service member has been formally counseled concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. If the sole basis of separation is commission of a serious offense (see subparagraph 10.a.(3) of this enclosure), or a civilian conviction (see subparagraph 10.a.(4)(a) of this enclosure), the counseling and rehabilitation requirements are not applicable.
c. Characterization or Description. Characterization of service shall normally be under other than honorable conditions, but characterization as general (under honorable conditions) may be warranted under the guidelines in section 3 of Enclosure 4. For respondents who have completed entry-level status, characterization of service as honorable is not authorized unless the respondent's record is otherwise so meritorious that any other characterization clearly would be inappropriate. In such cases, separations for misconduct with an honorable characterization shall be approved by a commander exercising general court-martial jurisdiction or higher authority as specified by the Secretary concerned.
(1) As an exception, the Secretary concerned may authorize general court-martial convening authorities to delegate authority to special court-martial convening authorities to approve separations with service characterized as honorable. This delegation may be done when the sole evidence of misconduct is command-directed urinalysis results that cannot be used for characterization of service, or when an administrative discharge board has recommended separation with an honorable discharge.
(2) When characterization of service under other than honorable conditions is not warranted for an enlisted Service member in entry-level status in accordance with section 3 of Enclosure 4, the separation will be described as an entry-level separation.