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MILPERSMAN Section 1910-142 (9 OCT 2019) SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE

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2. Policy

a. Members may be separated based on commission of a serious military or civilian offense when

  • (1) specific circumstances of offense warrant separation; and
  • (2) offense would warrant a punitive discharge per reference (a), appendix 12 for same or closely related offense.

b. Commission of a serious offense does not require adjudication by non-judicial or judicial proceedings; however, offense must be substantiated by a preponderance of evidence (e.g., copy of police record, Naval Criminal Investigative Service (NCIS) investigation, etc.).

c. Sailors who lose their ability to carry or handle weapons in the performance of their duties due to a qualifying conviction for misdemeanor crimes ofdomestic violence(DV), per reference (b), section 922(g)(9), must be processed for separation for the corresponding DV incident(s).

3. Mandatory Processing. See MILPERSMAN 1910-233for a complete list of offenses for which administrative separation processing is mandatory.

4. Procedures. Use the following table to determine processing procedures:

  • When officer (CO) believes circumstances surrounding the offense warrants an “under other than honorable” (OTH) characterization pursuant to MILPERSMAN 1910-300,
  • then use administrative board procedures per MILPERSMAN 1910-402,
  • except when offense occurred pre-service or in a prior enlistment and was unknown to the Navy at the time of enlistment or reenlistment and processing for fraudulent enlistment is not appropriate,
  • then use MILPERSMAN 1910-402and process forerroneous enlistment.
  • When CO believes circumstances do not warrant an OTH characterization pursuant to MILPERSMAN 1910-300,
  • then use Notification procedures per MILPERSMAN 1910-402.

5.Characterization of Separation

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

  • If notification procedures are used,
  • then least favorable characterization is GEN per MILPERSMAN 1910-402.
  • If administrative board procedures are used,
  • then least favorable characterization is OTH per MILPERSMAN 1910-402.

b. If Service member has less than 180 days of service, an entry-level separation may be appropriate. See MILPERSMAN1910-308 for further guidance.