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Separaciones (discharges) e información para militares

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NAVPERS 15560D MILPERSMAN Section 1910-144 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - CIVILIAN CONVICTION

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2. Policy

a. Members may be separated based on civilian convictions, or actions tantamount to findings of guilt,

(1) adjudication withheld;

(2) deferred prosecution;

(3) entry in adult/juvenile pretrial intervention programs;

(4) any similar disposition of charges which includes imposition of fines, probation, community service, etc.; when offense would warrant a punitive discharge per reference (a), appendix 12 for same or closely related offense; specific circumstances of offense warrant separation; or civil sentence includes confinement for 6 or more months without regard to suspension, probation, or early release.

b. All civilian convictions (federal, state, and local) including any actions tantamount to findings of guilt are binding on issue of whether misconduct has occurred and administrative discharge board is required to find that misconduct did occur.

c. Foreign court convictions are not binding on administrative boards, and do not preclude processing due to misconduct (serious offense and/or civil conviction).

NOTE: Members confined in foreign jails may be processed for separation, but may not be discharged or separated from service until completion of imprisonment and return to the United States. In unusual cases (i.e., life sentence without possibility of parole) separations may be authorized by Secretary of the Navy (SECNAV) per reference (b).

3. Mandatory Processing. Processing is mandatory for

a. violent misconduct which results in, or had potential to result in, death or serious bodily injury (e.g., homicide, arson, armed robbery, assault with a deadly weapon, etc.); or

b. deviant sexual behavior (lewd and lascivious acts; forcible heterosexual sodomy; indecent assault, acts, and/or exposure; or any child sexual abuse, possession of child pornography, or incestuous relationships).

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(3) If member is accepted, but later evaluated as a rehabilitation failure, reprocess per MILPERSMAN 1910-162.

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5. Characterization of Separation.

a. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used.

IF... THEN least favorable characterizations is...
Notification Procedure is used, General (Under Honorable Conditions) (GEN), per MILPERSMAN 1910-308.
Administrative Board Procedure is used, Under Other than Honorable (OTH), per MILPERSMAN 1910-300.

b. If member has less than 180 days of service, an Entry Level Separation (ELS) may be appropriate. See MILPERSMAN 1910-308 for further guidance.

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