Army Regulation 135–178

Army National Guard and Reserve

Enlisted

Administrative

Separations

 

Headquarters

Department of the Army

Washington, DC

12 January 2017

UNCLASSIFIED

 

 

 SUMMARY of CHANGE

AR 135–178

Enlisted Administrative Separations

This mandated revision, dated 12 January 2017— o    Implements Army Directive 2016–35, Army Policy on Military Service of Transgender Soldiers (para 6–7a). o             Changes term “bar(s) to reenlistment” to “bar(s) to continued service” (throughout).

 

          Headquarters                                                                                                                  *Army Regulation 135–178

Department of the Army Washington, DC

          12 January 2017                                                                                                              Effective 12 January 2017

Army National Guard and Reserve

Enlisted Administrative Separations

Applicability. This regulation applies to Army internal control process. This

Army     National Guard/Army            National regulation contains internal control proviGuard of the United States and U.S. Army sions in accordance with AR 11–2 and idenReserve Soldiers not serving on active duty tifies key internal controls that must be evaluated (see appendix B).

Proponent and exception authority.

The proponent of this regulation is the Dep- Supplementation. Supplementation of uty Chief of Staff, G–1. The proponent has this regulation and establishment of comthe authority to approve exceptions or mand and local forms are prohibited withwaivers to this regulation that are consistent out prior approval from Deputy Chief of with controlling law and regulations. The Staff, G–1 (DAPE–MP), 300 Army Pentaproponent may delegate this approval au- gon, Washington, DC 20310–0300.  

 thority, in writing, to a division chief within the proponent agency or its direct reporting Suggested improvements. Users are

          History. This publication is a mandated unit or field operating agency, in the grade invited to send comments and suggested improvements on DA Form 2028 (Recom-

of colonel or the civilian equivalent. Activ-

        revision. The portions affected by this man-                                                                             mended Changes to Publications and Blank

ities may request a waiver to this regulation

         dated revision are listed in the summary of                                                                                  Forms) directly to Headquarters, Depart-

        change.                                                      by providing justification that includes a ment of the Army, Deputy Chief of Staff,

full analysis of the expected benefits and

          Summary. This regulation implements        must include formal review by the activ-         G–1 (DAPE–MPE–IP), 300 Army Penta-

        Department     of     Defense          Instructions ity’s senior legal officer. All waiver re-         gon, Washington, DC 20310–0300.  

1332.14. It establishes policies, standards, quests will be endorsed by the commander Distribution. This publication is availa-

         and procedures governing the administra-            or senior leader of the requesting activity ble in electronic media only and is intended

         tive separation of certain enlisted Soldiers      and forwarded through their higher head-        for command level B for the Active Army

of the Army National Guard of the United quarters to the policy proponent. Refer to and A for the Army National Guard/Army

         States and the United States Army Reserve. AR 25–30 for specific guidance.                    National Guard of the United States, and

the U.S. Army Reserve.

Contents (Listed by paragraph and page number)

Chapter 1

General Provisions, page 1

Section I

General, page 1

Purpose • 1–1, page 1 References • 1–2, page 1

Explanation of abbreviations and terms • 1–3, page 1

Responsibilities • 1–4, page 1 Statutory authority • 1–5, page 2

Separation processing goals • 1–6, page 2

DA Form 5138 (Separation Action Control Sheet) • 1–7, page 3

Medical processing and evaluation • 1–8, page 3

Precedence of referral to the Physical Disability Evaluation System and administrative separation • 1–9, page 5

*This regulation supersedes AR 135–178, dated 18 March 2014.

                                                                                      AR 135–178 • 12 January 2017                                                                              i

UNCLASSIFIED

 

Section II

Authority to Order and Accomplish Separation, page 6

Authority to order separation prior to expiration of service obligation • 1–10, page 6

Authority to order separation of Soldiers having more than 18 but fewer than 20 years of qualifying service for retired pay • 1–11, page 6

Referrals to Headquarters, Department of the Army • 1–12, page 6

Authority to convene administrative separation boards for non-unit Soldiers • 1–13, page 6

Actions required of commanders having separation authority regarding Soldiers' incentives and entitlements • 1– 14, page 7

Section III

Instruction in Benefits of an Honorable Characterization of Service on Discharge, page 7 Purpose of instruction • 1–15, page 7

Presentation of instruction • 1–16, page 7

Contents of instruction • 1–17, page 7

Applicability and time of instruction • 1–18, page 8 Recording • 1–19, page 8

Section IV

Bars to Continued Service, page 8

General • 1–20, page 8

Discharge initiation and processing • 1–21, page 8

Section V

Mobilization Asset Transfer Program, page 8

Policy • 1–22, page 8

Eligibility for the Mobilization Asset Transfer Program • 1–23, page 9

Ineligible for the Mobilization Asset Transfer Program • 1–24, page 9

Separation authority determination of mobilization potential • 1–25, page 9

Requirements on retention, transfer, or reassignment to the individual ready reserve • 1–26, page 10

Chapter 2

Guidelines on Separation and Characterization, page 11

Section I

Separation, page 11 Scope • 2–1, page 12

Guidance • 2–2, page 12

Limitations on separation actions • 2–3, page 12

Counseling and rehabilitation • 2–4, page 13

Section II

Suspension of Separation, page 14

Suspension • 2–5, page 14

Action during the period of suspension • 2–6, page 14

Section III

Characterization or Description of Service on Separation, page 14

Types of characterization or description • 2–7, page 14

General considerations • 2–8, page 15

Characterization of service • 2–9, page 15

Limitation on characterization of service • 2–10, page 16

Separation where service is uncharacterized • 2–11, page 17

Section IV

Discharge Policy, page 17

Separation counseling for Soldiers being discharged • 2–12, page 17

Orders • 2–13, page 18

Discharge before expiration of the service obligation • 2–14, page 18

Discharge after expiration of the service obligation • 2–15, page 18

Effective date of discharge • 2–16, page 18 Notification of discharge • 2–17, page 19

Notification of discharge of a Soldier who cannot be located or is absent in the hands of civil authorities • 2–18, page 19 Certificates • 2–19, page 19

Preparation of certificates • 2–20, page 19

Amendments and corrections to certificates • 2–21, page 19

Chapter 3

Guidelines for Separation, page 20

Section I

Application, page 20

Scope • 3–1, page 20

Guidance • 3–2, page 20

Counsel for respondent • 3–3, page 20

Screening and counseling of victims of sexual assault • 3–4, page 21

Section II

Separation Using the Notification Procedure, page 21

Notice under the notification procedure • 3–5, page 21

Additional notice requirements • 3–6, page 22

Response • 3–7, page 22

The initiating commander's report to the separation authority • 3–8, page 23

Action by intermediate commanders • 3–9, page 23 Action by separation authority • 3–10, page 23

Section III

Separation Using The Administrative Board Procedure, page 23

Notice under the administrative board procedure • 3–11, page 23

Additional notice requirements • 3–12, page 24

Response • 3–13, page 24

The initiating commander's report to the separation authority • 3–14, page 25

Action by intermediate commanders • 3–15, page 25

Waiver • 3–16, page 25

Action by the separation authority on commander's recommendation • 3–17, page 25

Hearing requirements • 3–18, page 26

Action by separation authority on board recommendations • 3–19, page 28

Disposition of proceedings • 3–20, page 29

Errors and discrepancies noted before accomplishing separation • 3–21, page 29

Disposition of the case file • 3–22, page 30

Section IV

Additional Provisions Concerning Soldiers Confined by Civil Authorities, page 30

Proceedings when Soldier is confined by civil authorities • 3–23, page 30

Notification requirements • 3–24, page 30

Chapter 4

Expiration of Service Obligation, page 64

Basis • 4–1, page 64

The military service obligation • 4–2, page 65

Retention beyond expiration of service obligation • 4–3, page 65

Voluntary separation of Soldiers on indefinite re-enlistments • 4–4, page 65

Characterization of service • 4–5, page 65

Separation authority • 4–6, page 66

Chapter 5

Selected Changes in Service Obligations, page 66

Basis • 5–1, page 66

Reduction in authorized strength of the U.S. Army Reserve or Army National Guard of the United States • 5–2, page 66

Discharge for immediate reenlistment • 5–3, page 66

Discharge on enlistment in another component of the U.S. Armed Forces • 5–4, page 66

Discharge on appointment as a commissioned or warrant officer • 5–5, page 67

Separation of cadets on disenrollment from the Senior Reserve Officers' Training Corps or an Reserve Officers' Training Corps Scholarship Program • 5–6, page 67

Reserve Officers' Training Corps cadet early release • 5–7, page 68

Discharge of a potential Reserve Officers' Training Corps/Simultaneous Membership Program participant • 5–8, page 68

Chapter 6

Convenience of the Government, page 68

Basis • 6–1, page 68

Dependency or hardship • 6–2, page 68

Pregnancy • 6–3, page 70

Surviving sons or daughters • 6–4, page 70

Involuntary separation due to parenthood • 6–5, page 71

Not medically qualified under procurement medical fitness standards • 6–6, page 71

Other designated physical or mental conditions • 6–7, page 72

Characterization of service • 6–8, page 72

Procedures • 6–9, page 72

Separation authority • 6–10, page 72

Chapter 7

Defective Enlistments and Reenlistments, page 73

Minority enlistments • 7–1, page 73

Erroneous enlistment, reenlistment, and extension • 7–2, page 73

Defective enlistments or reenlistments • 7–3, page 74

Fraudulent enlistments or reenlistments • 7–4, page 75

Chapter 8

Entry Level Performance and Conduct, page 76

Basis • 8–1, page 76

Counseling and rehabilitation • 8–2, page 76

Characterization and description • 8–3, page 76

Procedures • 8–4, page 76

Separation authority • 8–5, page 76

Chapter 9

Unsatisfactory Performance, page 76

Basis • 9–1, page 76

Criteria • 9–2, page 76

Counseling and rehabilitation • 9–3, page 77

Suspension of favorable personnel action • 9–4, page 77

Medical processing and evaluation • 9–5, page 77

Characterization of service • 9–6, page 77

Procedures • 9–7, page 77

Separation authority • 9–8, page 77

CHAPTER 10

(Rescinded.), page 77

Chapter 11

Substance Abuse Rehabilitation Failure, page 77

Basis • 11–1, page 77

Characterization or description • 11–2, page 78

Procedures • 11–3, page 78

Separation authority • 11–4, page 78

Chapter 12

Misconduct, page 78

Basis • 12–1, page 78

Conviction by civil court • 12–2, page 79

Procedures for civil court cases in foreign countries • 12–3, page 79

Related separations • 12–4, page 80

Counseling and rehabilitation • 12–5, page 80

Suspension of favorable personnel action • 12–6, page 81

Medical processing and evaluation • 12–7, page 81

Characterization of service • 12–8, page 81

Procedures • 12–9, page 81

Separation authority • 12–10, page 81

Chapter 13

Unsatisfactory Participation in the Ready Reserve, page 81

Basis • 13–1, page 81

Suspension of favorable personnel action • 13–2, page 81

Characterization of service • 13–3, page 81

Procedures • 13–4, page 82

Separation authority • 13–5, page 82

Chapter 14

Secretarial Plenary Authority, page 82

Basis • 14–1, page 82

Characterization of service • 14–2, page 82 Procedures • 14–3, page 82

Chapter 15

Separation for Other Reasons, page 83

Section I

Reasons for Separation, page 83

Basis • 15–1, page 83

Characterization of service • 15–2, page 84

Procedures • 15–3, page 84

Separation authority • 15–4, page 84

Section II

Separation from the Delayed Entry Program, page 84 Basis • 15–5, page 84

Characterization or description • 15–6, page 85

Procedures • 15–7, page 85

Separation authority • 15–8, page 85

Section III

Dropping from the Rolls, page 85

Sentenced to imprisonment (10 USC 12684(3)) • 15–9, page 85

Characterization of service • 15–10, page 85

Procedures • 15–11, page 85

Separation authority • 15–12, page 86

Chapter 16

Failure to Meet Army Body Composition Standards, page 86 Applicability • 16–1, page 86

Basis • 16–2, page 86

Counseling and rehabilitation • 16–3, page 86

Medical processing and evaluation • 16–4, page 86

Characterization or description • 16–5, page 86 Separation authority • 16–6, page 86

Appendixes

A.      References, page 87

B.      Internal Control Evaluation Checklist, page 92

Figure List

Figure 1–1: Format for an affidavit of service by mail, page 11

Figure 3–1: Sample memorandum for victims of sexual assault statement for administrative separations, page 31

Figure 3–2: Format for notification of separation proceedings when the notification procedure is used, page 32

Figure 3–2: Format for notification of separation proceedings when the notification procedure is used—continued, page 33

Figure 3–2: Format for notification of separation proceedings when the notification procedure is used—continued, page 34

Figure 3–2: Format for notification of separation proceedings when the notification procedure is used—continued, page 35

Figure 3–2: Format for notification of separation proceedings when the notification procedure is used—continued, page 36

Figure 3–3: Format for Soldier's response by endorsement to notification of separation proceedings when the notification procedure is used, page 37

Figure 3–3: Format for Soldier's response by endorsement to notification of separation proceedings when the notification procedure is used—continued, page 38

Figure 3–3: Format for Soldier's response by endorsement to notification of separation proceedings when the notification procedure is used—continued, page 39

Figure 3–3: Format for Soldier's response by endorsement to notification of separation proceedings when the notification procedure is used—continued, page 40

Figure 3–3: Format for Soldier's response by endorsement to notification of separation proceedings when the notification procedure is used—continued, page 41

Figure 3–3: Format for Soldier's response by endorsement to notification of separation proceedings when the notification procedure is used—continued, page 42

Figure 3–4: Format for commanding officer's report to the separation authority, page 43

Figure 3–4: Format for commanding officer's report to the separation authority—continued, page 44

Figure 3–4: Format for commanding officer's report to the separation authority—continued, page 45

Figure 3–4: Format for commanding officer's report to the separation authority—continued, page 46

Figure 3–4: Format for commanding officer's report to the separation authority—continued, page 47

Figure 3–5: Format for notification of separation proceedings when the administrative board procedure is used, page 48

Figure 3–5: Format for notification of separation proceedings when the administrative board procedure is used—continued, page 49

Figure 3–5: Format for notification of separation proceedings when the administrative board procedure is used—continued, page 50

Figure 3–5: Format for notification of separation proceedings when the administrative board procedure is used—continued, page 51

Figure 3–5: Format for notification of separation proceedings when the administrative board procedure is used—continued, page 52

Figure 3–5: Format for notification of separation proceedings when the administrative board procedure is used—continued, page 53

Figure 3–6: Format for Soldier's response by endorsement to notification of separation proceedings when the administrative board procedure is used, page 54

Figure 3–6: Format for Soldier's response by endorsement to notification of separation proceedings when the administrative board procedure is used—continued, page 55

Figure 3–6: Format for Soldier's response by endorsement to notification of separation proceedings when the administrative board procedure is used—continued, page 56

Figure 3–6: Format for Soldier's response by endorsement to notification of separation proceedings when the administrative board procedure is used—continued, page 57