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12. SEPARATION IN LIEU OF TRIAL BY COURTS-MARTIAL

a. Basis. Upon request by the Service member, a member may be separated in lieu of trial by courts-martial if charges have been preferred with respect to an offense for which a punitive discharge is authorized, and it is determined that the Service member is unqualified for further military service under the guidance set forth in paragraph 1 of Enclosure 4. This provision may not be used when rule for court-martial (1003(d) of Reference (o)) provides the sole basis for a punitive discharge unless the charges have been referred to a court-martial empowered to adjudge a punitive discharge.

b. Characterization or Description. Characterization of service normally shall be under other than honorable conditions, but characterization as general (under honorable conditions) may be warranted under the guidelines in paragraph 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. When characterization of service under other than honorable conditions is not warranted for a Service member in entry-level status under paragraph 3 of Enclosure 4, the separation shall be described as an entry-level separation.

Commentario: La calificación de servicio normal de una separación administrativa en vez de un consejo de guerra es Other Than Honorable (no honrosa), no Dishonorable (deshonrosa).

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(6) The separation authority shall be a commander exercising general court-martial jurisdiction or higher authority as specified by the Secretary concerned. (As an exception, the Secretary concerned may authorize general courts-martial convening authorities to delegate authority to the special courts-martial convening authorities to approve requests for discharge in the case of enlisted Service members who have been absent without leave for more than 30 days, have been dropped from the rolls of their units as absent in desertion, have been returned to military control, are assigned to a regional personnel control and/or separation processing facility, and are charged only with being absent without leave for more than 30 days.)

Commentario: Ésta es la norma que permite pero no requiere una separación administrativa en vez (en Latín: in lieu) de un consejo de guerra por ausencias de más de 30 días.

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4.2.3. Return to Military Control

4.2.3.1. Absentees and deserters shall be received at any military installation that is manned by active duty personnel. Immediate action shall be taken to transfer an individual to the nearest installation of his or her Military Service having facilities to process absentees and deserters.

4.2.3.2. Absentees and deserters being detained temporarily in the hands of civil authorities shall be taken into custody by military authorities as soon as possible after responsible military officials are informed of their place of detention and the civilian authorities are ready to release them. Military authorities shall strive to achieve such return to military control within 48 hours after receiving notification of the absentee's or deserter's place of detention. To reach this goal, local or area commanders are urged to form inter-Service agreements to ease the pickup and transportation of absentees and deserters of all Military Services.