Comentario: Para ver o descargar la norma entera, haga clic en su enlace, que está dentro de la casilla que se encuentra arriba de estos comentarios.
1.B Separating Active Duty Enlisted Members
Except as specifically provided here, only Commander (CG PSC) may direct a discharge for misconduct and the type of discharge (under other than honorable, general, or honorable) as warranted by the particular circumstances of a given case. (See Article 1.B.2. of this Manual.) Disability evaluation processing will be terminated as described in Article 1.B.1.e. of this Manual for members discharged for misconduct. See Article 1.B.1. of this Manual when recommending the discharge of a first-term performer for misconduct.
1.B.17.b. Reasons to Discharge for Misconduct
Commander (CG PSC) may direct discharging a member for misconduct in any of these cases:
(1) Civilian or Foreign Conviction. Conviction by foreign or domestic civil authorities or action taken tantamount to a finding of guilty, e.g., adjudication withheld; deferred prosecution; entry in adult/juvenile pretrial intervention programs, or any similar disposition of charges which includes imposition of fines, probation, community service, etc., of any offense which could warrant a punitive discharge if prosecuted under the Uniform Code of Military Justice (UCMJ). Whether a civilian offense could warrant a punitive discharge shall be determined by examining the maximum authorized punishment for the same or the most closely related offense under the UCMJ and the Manual for Courts-Martial (including Rule for Courts-Martial 1003(d)). A member subject to discharge because of conviction by civil court may be processed for discharge even though an appeal of that conviction has been filed or intent to do so has been stated.
(2) Pattern of Misconduct. Members may be separated when they have:
(a) Two or more non-judicial punishments, courts-martial, or civilian convictions or a combination thereof within a 2-year period,
(b) Three or more unauthorized absences, each is at least three or more days, within a 2-year period,
(c) Six or more unauthorized absences and the total amount is at least six days, within a 2-year period,
(d) A pattern of failure to contribute adequate support to dependents (See Article 2.E. of reference (e), Discipline and Conduct, COMDTINST M1600.2 (series).),
(e) A pattern of failure to pay just debts, or
(f) A pattern of shirking.
(3) Commission of a Serious Offense. Commission of a serious offense does not require adjudication by non-judicial or judicial proceedings. An acquittal or finding of not guilty at a judicial proceeding or not holding non-judicial punishment proceeding does not prohibit proceedings under this provision. However, the offense must be established by a preponderance of the evidence. Police reports, CGIS reports of investigation, etc. may be used to make the determination that a member committed a serious offense.
(a) Members may be separated based on commission of a serious military or civilian offense when:
(1) The specific circumstances of the offense warrant separation; and
(2) The maximum penalty for the offense or closely related offense under the UCMJ and Manual for Courts-Martial includes a punitive discharge. The escalator clause of Rule for Courts-Martial 103(d) shall not be used in making this determination.
(a) Involvement with Drugs. Any member involved in a drug incident or the illegal, wrongful, or improper sale, transfer, manufacture, or introduction onto a military installation of any drug, as defined in Article 1.A.2.k. of reference (h), Coast Guard Drug and Alcohol Abuse Program, COMDTINST M1000.10 (series), will be processed for separation from the Coast Guard with no higher than a general discharge. Commanding Officer, Training Center Cape May is delegated final discharge authority for members assigned to recruit training or prior service training program under this Article in specific cases of drug use before enlistment (as evidenced by a positive urinalysis shortly after entering training). New inductees shall sign an Administrative Remarks, Form CG-3307, entry acknowledging the presence of drugs in their bodies is grounds for a general discharge for misconduct.
(b) Obstructing drug urinalysis testing by tampering with urine samples or documentation, including someone else’s. Tampering includes, among other actions, submitting another person’s sample in place of the member selected for testing, submitting samples containing substances other than urine, and altering the bar code labels, Urine Sample Custody Document, or unit sample ledger. Members discharged under this provision shall be issued no higher than a general discharge.
(5) Fraudulent enlistment. A member may be discharged for procuring a fraudulent enlistment, induction, or period of active service through any material misrepresentation, omission, or concealment which, if known at the time, might have resulted in rejection. The enlistment of a minor with false representation of his or her age or without proper consent will not in itself be considered a fraudulent enlistment. Commanding Officer, Training Center Cape May, is delegated final discharge authority under this Article in these specific cases for members assigned to recruit training or prior service training program:
(a) Deliberately concealed criminal records or other information necessary to effect enlistment; or (b) Any current or past medical conditions or problems discovered during recruit training, or prior service training program, which would have prevented enlistment in the Coast Guard, had they been known.
Commanding officers must afford a member a reasonable probationary period to overcome deficiencies before initiating administrative discharge action in cases of a pattern of failure to contribute adequate support to dependents (See Article 2.E. of reference (e), Discipline and Conduct, COMDTINST M1600.2 (series).), a pattern of failure to pay just debts, or shirking. If a command contemplates discharging a member for reasons contained in this paragraph, the command shall initiate a formal probation or treatment period of at least six months. Additionally, the command shall make an appropriate Administrative Remarks, Form CG-3307, entry in the member's PDR stating the command will initiate administrative discharge processing unless the member shows significant improvement in overcoming the deficiency during the probationary period.
The member must acknowledge the entry in writing. For Reservists who are shirking, a letter via Certified Mail, return receipt requested (Restricted Delivery to addressee only), stating the probationary period has begun may substitute for the Administrative Remarks, Form CG-3307, entry. Commanding officers are authorized to recommend discharge at any time during the probation if the member is not making an effort to overcome the deficiency. Submit copies of all Administrative Remarks, Form CG-3307, entries as an enclosure to the discharge recommendation submitted to Commander (CG PSC-EPM-1).