Army National Guard and Army Reserve Enlisted ...

1 army Regulation 135 178. army National Guard and army Reserve Enlisted administrative Separations Rapid Action Revision (RAR) Issue Date: 13 September 2011. Headquarters Department of the army Washington, DC. 13 March 2007. UNCLASSIFIED. SUMMARY of CHANGE. AR 135 178. Enlisted administrative Separations This rapid action revision, dated 13 September 2011-- o Implements the Don't Ask, Don't Tell Repeal Act of 2010 by deleting all references to separation for homosexual conduct and glossary entries concerning homosexuality and bisexuality (paras 1-8b, 2-5a(1), 2-5a(2), 2- 9c, and 12-4); rescinded paras 1-5a, 1-8b(2), 7-4e(4), and chap 10). o Makes administrative changes (app A: corrected publication title and Web addresses; removed -R from DA Form 11-2 and A from DD Form 256A in the referenced forms list; glossary: deleted unused acronyms and corrected abbreviations as prescribed by army Records Management and Declassification Agency). Headquarters * army Regulation 135 178.

2 Department of the army Washington, DC. 13 March 2007 Effective 13 April 2007. army National Guard and army Reserve Enlisted administrative Separations Guard / army National Guard of the United provisions and identifies key internal con- States, and the army Reserve , unless trols that must be evaluated (see appendix otherwise stated. During mobilization, the B). proponent may modify chapters and poli- cies contained in this regulation. Supplementation. Supplementation of this regulation and establishment of com- Proponent and exception authority. mand and local forms are prohibited with- The proponent of this regulation is the Deputy Chief of Staff, G 1. The propo- out prior approval from the Deputy Chief nent has the authority to approve excep- of Staff, G 1 (DAPE MP), 300 army tions or waivers to this regulation that are Pentagon, Washington, DC 20310 0300. consistent with controlling law and regu- Suggested improvements. Users are lations. The proponent may delegate this invited to send comments and suggested approval authority, in writing, to a divi- sion chief within the proponent agency or improvements on DA Form 2028 (Recom- its direct reporting unit or field operating mended Changes to Publications and agency, in the grade of colonel or the Blank Forms) directly to Headquarters, History.

3 This publication is a rapid action civilian equivalent. Activities may request Department of the army , DCS, G 1. revision (RAR). The RAR is effective 20 a waiver to this regulation by providing (DAPE MPE IP), 300 army Pentagon, September 2011. The portions affected by justification that includes a full analysis of Washington, DC 20310 0300. this RAR are listed in the summary of the expected benefits and must include change. formal review by the activity's senior Distribution. This publication is availa- legal officer. All waiver requests will be ble in electronic media only and is in- Summary. This regulation implements tended for command level B for the DODI and DODI It es- endorsed by the commander or senior leader of the requesting activity and for- Active army and A for the army Na- tablishes policies, standards, and proce- dures governing the administrative warded through their higher headquarters tional Guard of the United States and the separation of certain Enlisted Soldiers of to the policy proponent.

4 Refer to AR army Reserve . the army National Guard of the United 25 30 for specific guidance. States and the United States army army management control process. Reserve . This regulation contains internal control Applicability. This regulation applies to the Active army , the army National 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 2. *This regulation supersedes AR 135 178, dated 10 July 2006. This edition publishes a rapid action revision of AR 135 178. AR 135 178 13 March 2007/RAR 13 September 2011 i UNCLASSIFIED. Contents Continued Medical processing and evaluation 1 8, page 2. Disposition through medical channels 1 9, page 3. Section II. Authority to Order and Accomplish separation , page 4.

5 Authority to order separation prior to expiration of service obligation 1 10, page 4. Authority to order separation of Soldiers having more than 18 but fewer than 20 years of qualifying service for retired pay 1 11, page 4. Referrals to Headquarters, Department of the army 1 12, page 4. Authority to convene administrative separation boards for non-unit Soldiers 1 13, page 5. Actions required of commanders having separation authority regarding Soldiers' incentives and entitlements 1 14, page 5. Section III. Instruction in Benefits of an Honorable Characterization of Service on Discharge, page 5. Purpose of instruction 1 15, page 5. Presentation of instruction 1 16, page 5. Contents of instruction 1 17, page 5. Applicability and time of instruction 1 18, page 5. Recording 1 19, page 6. Section IV. Bars to Reenlistment, page 6. General 1 20, page 6. Discharge initiation and processing 1 21, page 6. Section V. Mobilization Asset Transfer Program, page 6. Policy 1 22, page 6.

6 Eligibility for the Mobilization Asset Transfer Program 1 23, page 6. Ineligible for the Mobilization Asset Transfer Program 1 24, page 7. separation authority determination of mobilization potential 1 25, page 7. Requirements on retention, transfer, or reassignment to the individual ready Reserve 1 26, page 7. Chapter 2. Guidelines on separation and Characterization, page 10. Section I. separation , page 10. Scope 2 1, page 10. Guidance 2 2, page 10. Limitations on separation actions 2 3, page 11. Counseling and rehabilitation 2 4, page 11. Section II. Suspension of separation , page 12. Suspension 2 5, page 12. Action during the period of suspension 2 6, page 12. Section III. Characterization or Description of Service on separation , page 12. Types of characterization or description 2 7, page 12. General considerations 2 8, page 13. Characterization of service 2 9, page 13. Limitation on characterization of service 2 10, page 14. ii AR 135 178 13 March 2007. Contents Continued separation where service is uncharacterized 2 11, page 15.

7 Section IV. Discharge Policy, page 16. separation counseling for Soldiers being discharged 2 12, page 16. Orders 2 13, page 16. Discharge before expiration of the service obligation 2 14, page 16. Discharge after expiration of the service obligation 2 15, page 16. Effective date of discharge 2 16, page 17. Notification of discharge 2 17, page 17. Notification of discharge of a Soldier who cannot be located or is absent in the hands of civil authorities 2 18, page 17. Certificates 2 19, page 17. Preparation of certificates 2 20, page 17. Amendments and corrections to certificates 2 21, page 17. Chapter 3. Guidelines for separation , page 18. Section I. Application, page 18. Scope 3 1, page 18. Guidance 3 2, page 18. Counsel for respondent 3 3, page 18. Screening and counseling of victims of sexual assault 3 4, page 19. Section II. separation Using the Notification Procedure, page 19. Notice under the notification procedure 3 5, page 19. Additional notice requirements 3 6, page 20.

8 Response 3 7, page 20. The initiating commander's report to the separation authority 3 8, page 20. Action by intermediate commanders 3 9, page 20. Action by separation authority 3 10, page 21. Section III. separation Using The administrative Board Procedure, page 21. Notice under the administrative board procedure 3 11, page 21. Additional notice requirements 3 12, page 22. Response 3 13, page 22. The initiating commander's report to the separation authority 3 14, page 22. Action by intermediate commanders 3 15, page 22. Waiver 3 16, page 23. Action by the separation authority on commander's recommendation 3 17, page 23. Hearing requirements 3 18, page 23. Action by separation authority on board recommendations 3 19, page 25. Disposition of proceedings 3 20, page 27. Errors and discrepancies noted before accomplishing separation 3 21, page 27. Disposition of the case file 3 22, page 27. Section IV. Additional Provisions Concerning Soldiers Confined by Civil Authorities, page 27.

9 Proceedings when Soldier is confined by civil authorities 3 23, page 27. Notification requirements 3 24, page 27. AR 135 178 13 March 2007 iii Contents Continued Chapter 4. Expiration of Service Obligation, page 61. Basis 4 1, page 61. The military service obligation 4 2, page 61. Retention beyond expiration of service obligation 4 3, page 61. Voluntary separation of Soldiers on indefinite re-enlistments 4 4, page 61. Characterization of service 4 5, page 62. separation authority 4 6, page 62. Chapter 5. Selected Changes in Service Obligations, page 62. Basis 5 1, page 62. Reduction in authorized strength of the army Reserve or army National Guard of the United States 5 2, page 62. Discharge for immediate reenlistment 5 3, page 62. Discharge on enlistment in another component of the Armed Forces 5 4, page 62. Discharge on appointment as a commissioned or warrant officer 5 5, page 63. separation of cadets on disenrollment from the Senior Reserve Officers' Training Corps or an Reserve Officers'.

10 Training Corps Scholarship Program 5 6, page 63. Reserve Officers' Training Corps cadet early release 5 7, page 64. Discharge of a potential Reserve Officers' Training Corps/Simultaneous Membership Program participant 5 8, page 64. Chapter 6. Convenience of the Government, page 64. Basis 6 1, page 64. Dependency or hardship 6 2, page 64. Pregnancy 6 3, page 66. Surviving sons or daughters 6 4, page 66. Involuntary separation due to parenthood 6 5, page 67. Not medically qualified under procurement medical fitness standards 6 6, page 67. Other designated physical or mental conditions 6 7, page 67. Characterization of service 6 8, page 68. Procedures 6 9, page 68. separation authority 6 10, page 68. Chapter 7. Defective Enlistments and Reenlistments, page 68. Minority enlistments 7 1, page 68. Erroneous enlistment, reenlistment, and extension 7 2, page 68. Defective enlistments or reenlistments 7 3, page 70. Fraudulent enlistments or reenlistments 7 4, page 70. Chapter 8.