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Separaciones (discharges) e información para militares

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AR 635-200 Active Duty Enlisted Administrative Separations (6 Sept 2011)

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Chapter 14
Separation for Misconduct

Section I
General Provisions
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14-3. Characterization of service or description of separation

a. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the soldier's overall record.
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Section III
Acts or Patterns of Misconduct

14-12. Conditions that subject soldiers to discharge

Soldiers are subject to action per this section for the following:

a. Minor disciplinary infractions. A pattern of misconduct consisting solely of minor military disciplinary infractions. Except as provided in paragraph 1-13c, if separation of a soldier in entry-level status is warranted solely by reason of minor disciplinary infractions, the action will be processed under chapter 11.

b. A pattern of misconduct. A pattern of misconduct consisting of one of the following:

(1) Discreditable involvement with civil or military authorities.

(2) Discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the UCMJ, Army regulations, the civil law, and time-honored customs and traditions of the Army.

c. Commission of a serious offense. Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the MCM.

(1) An absentee returned to military control from a status of absent without leave or desertion may be separated for commission of a serious offense. (See para 1-43 for civil offenses under investigation by foreign authorities.)

(2) Abuse of illegal drugs is serious misconduct.

(a) However, relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under a or b, above, as appropriate.

(b) All soldiers against whom charges will not be referred to a court-martial authorized to impose a punitive discharge or against whom separation action will not be initiated under the provisions of chapter 9 or section II of this chapter will be processed for separation under a, b, or c, above, as applicable.

1. Processed for separation means that separation action will be initiated and processed through the chain of command to the separation authority for appropriate action.

2. The immediate and intermediate commanders will recommend separation or retention. Recommendations will be made as to characterization of service. (See para 2-2 or 2-4.)

3. The separation reason in all separations authorized by this paragraph will be misconduct-abuse of illegal drugs. Voluntary (self) identification/referral in accordance with AR 600-85, paragraph 3-2, does not require initiation of separation proceedings under this section.
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Chapter 9
Alcohol or Other Drug Abuse Rehabilitation Failure

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9-2. Basis for separation

a. A soldier who is enrolled in the ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program in one of the following circumstances:

Comentario: "ADAPCP" significa el "Alcohol and Drug Abuse Prevention and Control Program" (programa para la prevención y control del alcoholismo y el consumo de drogas).

(1) There is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.

(2) Long-term rehabilitation is necessary and the soldier is transferred to a civilian medical facility for rehabilitation.

b. Nothing in this section prevents separation of a soldier who has been referred to such a program under any other provision of this regulation.

c. Initiation of separation proceedings is required for soldiers designated as alcohol/drug rehabilitation failures.
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9-4. Characterization of service or description of separation

The service of soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the soldier is in entry-level status and an uncharacterized description of service is required. An honorable discharge is mandated in any case in which the Government initially introduces into the final discharge process limited use evidence as defined by AR 600-85, paragraph 6-4. (See para 2-6h for procedures for reinitiation or rehearing, if appropriate.)