GI Rights Hotline

Military Discharges and Military Counseling

Call 1-877-447-4487


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


2. Policy

a. Members may be separated when during the current enlistment they have

(1) two or more nonjudicial punishments (NJP), court-martials, or civil convictions (or combination thereof);

(2) three or more unauthorized absences, each is more than 3 days, but less than 30 days duration;

(3) a set pattern of failure to pay just debts; or

(4) a set pattern of failure to contribute adequate support to dependents or failure to comply with civil court orders, decrees, or judgments concerning dependent support; and

(5) violated a NAVPERS 1070/613 (Rev. 7-06), Administrative Remarks counseling/warning (MILPERSMAN 1910-204) specifically addressing the non-support.

b. A member must have violated a NAVPERS 1070/613 warning prior to processing. A counseling and warning is legally binding on the Navy. The typical correct sequence is NJP - NAVPERS 1070/613 - NJP. There is no requirement for a commanding officer (CO) to award a NAVPERS 1070/613 following NJP. That decision should be based on the circumstances of the situation. A common error occurs when commands issue a NAVPERS 1070/613 warning following the second NJP. In those instances, the member is essentially being given another opportunity by the CO to correct the deficiency and processing for pattern of misconduct is inappropriate. Another common error is initiating processing for pattern of misconduct without a NAVPERS 1070/613 warning.

c. All offenses processed or considered under Pattern of Misconduct must have occurred in the current enlistment.


4. 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 the least favorable characterization...
the Notification Procedure is used, is GEN per MILPERSMAN 1910-300.
the Administrative Board Procedure is used, is OTH per MILPERSMAN 1910-300.

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