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AR 635-200 Active Duty Enlisted Administrative Separations (28 Jun 2021)

Source
AR 635-200 Active Duty Enlisted Administrative Separations (28 Jun 2021) (7.3 MB)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

5–14. Other designated physical or mental conditions
a. Excluding conditions appropriate for separation under paragraph 5–10, commanders specified in paragraph 1–20
may initiate separation under this paragraph on the basis of other physical or mental conditions not amounting to
disability (see DoDI 1332.18, AR 40–501, and AR 635–40) that interfere with assignment to or performance of duty.
Such physical or mental conditions may include, but are not limited to:
(1) Airsickness, motion, and/or travel sickness.
(2) Phobic fear of air, sea, and submarine modes of transportation.
(3) Attention-Deficit/Hyperactivity Disorder.
(4) Sleepwalking.
(5) Enuresis.
(6) Adjustment Disorder (except Chronic Adjustment Disorder).
(a) Soldiers recommended for separation under this paragraph based upon a diagnosis of adjustment disorder must
meet the following criteria: Soldier experiences one or more incident(s) of acute adjustment disorder and does not
respond to behavioral health treatment (or refuses treatment) when one or more treatment modalities have been offered
and/or attempted. The condition must continue to interfere with assignment to or performance of duty even with
treatment.
(b) Duration of adjustment disorder episode must be less than 6 months when separation procedures are initiated.
The provider must clearly document in the medical record how the condition interferes with assignment to or perfor
mance of duty.
(c) When an episode of adjustment disorder has persisted for longer than 6 months and continues to interfere with
assignment to or performance of duty, the Soldier must be referred to the Integrated Disability Evaluation System.
(7) Personality disorder. A personality disorder is an enduring pattern of inner experience and behavior that devi
ates markedly from cultural expectations, is pervasive and inflexible, is stable over time and leads to clinically signif
icant distress or impairment in functioning. The onset of personality disorder typically occurs in adolescence or early
adulthood and may manifest as an inability to adapt to the military environment as opposed to an inability to perform
the requirements of specific jobs or tasks (though both may be present in some cases). Observed behavior of specific
conditions should be documented in appropriate counseling or personnel records, and should establish that the behav
ior is persistent, interferes with assignment to or performance of duty, and has continued after the Soldier was coun
seled and afforded an opportunity to overcome the mental condition.
b. When a commander is concerned that a Soldier may have a physical or mental condition that interferes with
assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental
status evaluation in accordance with DoDI 1332.14 and DoDI 6490.04. Mental status evaluations are only required
for separation on the basis of mental disorders (not physical conditions), including personality disorders, not amount
ing to a disability.
c. The evaluation will assess whether PTSD, TBI, depression, sexual assault, and other behavioral health conditions
may be contributing factors to the basis for administrative separation.
d. The behavioral health provider will document in the electronic medical record the specific diagnostic criteria for
the condition used as the basis for the Soldier’s separation action in accordance with the most current edition of the
Diagnostic and Statistical Manual of Mental Disorders. A statement indicating that the Soldier’s disorder is of suffi
cient severity to interfere with the Soldier’s ability to function in the military must be included. The diagnosis must
be established by a privileged mental health provider as defined in DoDI 6490.04. The installation Director of Psy
chological Health (DPH), or designee, will corroborate the diagnosis and sign the DA Form 3822 (Report of Mental
Status Evaluation).
(1) In accordance with paragraph 1–33, Soldiers will not be processed for administrative separation under this
paragraph if PTSD, TBI, and/or other co-morbid behavioral health conditions are significant contributing factors to
the basis for separation, but will instead be evaluated under DES in accordance with AR 635–40.

(2) In accordance with paragraph 1–34, Soldiers determined to have a medical condition that may not meet medical
fitness standards for retention under AR 40–501 will be evaluated under DES. Processing under DES takes precedence
over administrative separation under this chapter.
(3) In accordance with AR 600–85, Soldiers who present with symptoms consistent with alcohol and/or drug use
disorder must be referred for further evaluation and treatment.
(4) In accordance with AR 608–18, in cases where a mandated referral to the Family Advocacy Program is required
based on the Soldier’s clinical presentation, documentation must be submitted in order to confirm that a referral was
made.
e. In the case of Soldiers who have served or are currently serving in an imminent danger pay area, the installation
DPH will corroborate the diagnosis and forward to the Office of The Surgeon General (OTSG), Behavioral Health
Division (DASG–HSZ) for final review. OTSG will ensure healthcare provider compliance with the requirements in
paragraphs 5–14d(1) through 5–14d(4) and provide a memorandum to the installation DPH. The OTSG review will
be included in the separation packet. Soldiers who have never served in an imminent danger pay area do not require
review by OTSG.
f. The separation action must include the DA Form 7771 (Enlisted Behavioral-Health Related Administrative Sep
aration Checklist).
g. Commanders will not take action prescribed in this chapter in lieu of disciplinary action solely to spare a Soldier
who may have committed acts of misconduct for which punishment may be imposed under the UCMJ.
h. Separation under this paragraph on the basis of other physical or mental conditions not amounting to a disability
is authorized only if the condition is so severe that the Soldier’s ability to function effectively in the military environ
ment is significantly impaired. Separation under this paragraph is not appropriate when separation is warranted under
chapters 4, 5, 7, 9, 10, 11, 13, 14, or 18, of this regulation; AR 380–67; or AR 635–40.
i. Nothing in this paragraph precludes separation of a Soldier who has such a condition for other reasons authorized
by this regulation.
j. Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally,
in writing, concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as re
flected in appropriate counseling or personnel records (see para 1–17). The Soldier will also be counseled, in writing,
that the condition does not qualify as a disability. Additionally, applicable counseling statements that support separa
tion will be included as part of the separation action and will be uploaded by the TC into IPERMS prior to the admin
istrative separation of the Soldier.
k. When it has been determined that separation under this paragraph is appropriate, the unit commander will take
the actions specified in the notification procedure in this regulation under chapter 2, section I; or the administrative
board procedure in chapter 2, section II, as applicable.
l. Separation authority is as follows:
(1) Separation authority for Soldiers separated under this paragraph who are, or have been, deployed to an area
designated as an imminent danger pay area, or Soldiers who filed an unrestricted report of sexual assault within 24
months of initiation of separation, is the GCMCA. This authority may not be delegated but may be exercised by a
general officer serving as the acting GCMCA. In cases where the sexual assault results in a mental health condition
not amounting to a physical disability, and the Soldier is being discharged based solely on such condition, the separa
tion will be per paragraph 5–14l(3).
(2) Separation authority for Soldiers who have been the victim of a sex-related offense, an intimate partner vio
lence-related offense, or a spousal-abuse offense during service in the Army is the GCMCA. This delegation may not
be further delegated. Specific instruction for these separation actions are contained in paragraph 5–14m.
(3) Separation authority for Soldiers separated under this paragraph for a physical condition not expressly listed in
paragraph 5–14a(1) through 5–14a(7) is the GCMCA. For Soldiers in an entry-level status, this authority may be
delegated in writing to the SPCMCA. For separation under this paragraph, for a condition not expressly listed in
paragraph 5–14a(1) through 5–14a(7), the separation authority will include a statement that the requirements of this
paragraph have been complied with.
(4) In all other cases, the separation authority is the SPCMCA.
m. Before a member of the Armed Forces who was the victim of a sex-related offense, an intimate partner violence
related offense, or a spousal-abuse offense during service in the Army (whether or not such offense was committed
by another member of the Armed Forces), and who has a mental health condition not amounting to a physical disabil
ity, is separated, discharged, or released from the Army based solely on such condition, the diagnosis of such condition
must be corroborated by a competent mental healthcare professional at the peer level or a higher level of the healthcare
professional making the diagnosis and endorsed by TSG. The endorsement by TSG may not be delegated.

(1) Narrative reason for separation if mental health condition present. If the narrative reason for separation, dis
charge, or release from the Armed Forces of a member of the Armed Forces is a mental health condition that is not a
disability, the appropriate narrative reason for the separation, discharge, or release will be a condition, not a disability,
or Secretarial plenary authority under chapter 15.
(2) Definitions. In this section only, the following definitions apply:
(a) Intimate partner violence-related offense. An offense under UCMJ, Art. 128 or UCMJ, Art. 130 or an offense
under State law for conduct identical or substantially similar to UCMJ, Art. 128 or UCMJ, Art. 130.
(b) Sex-related offense. An offense under UCMJ, Art. 120 or UCMJ, Art. 120b or an offense under state law for
conduct identical or substantially similar to UCMJ, Art. 120 or UCMJ, Art. 120b.
(c) Spousal-abuse offense. An offense under UCMJ, Art. 128 or an offense under state law for conduct identical
or substantially similar to UCMJ, Art. 128.
n. For characterization or description of service, see paragraph 5–1.