Army National Guard and Reserve Enlisted Administrative ...

1 UNCLASSIFIED Army Regulation 135 178 Army National Guard and Reserve Enlisted Administrative Separations Headquarters Department of the Army Washington, DC 7 November 2017 SUMMARY of CHANGE AR 135 178 This major revision, dated 7 November 2017 o Updates responsibilities for Enlisted Administrative separations (para 1 4). o Updates medical processing policy for Enlisted Administrative separations (para 1 9g). o Updates precedence, referral and exceptions regarding the Integrated Disability Evaluation System (para 1 10). o Incorporates Army Directive 2013 21, Initiating Separation Proceedings and Prohibiting Overseas Assignment for Soldiers Convicted of Sex Offenses (paras 3 1 and 11 4). o Adds conditions of dependency or hardship (paras 6 2c(1) and (2)). o Allows separation upon death of a spouse (para 6 2c(1)(e)).

2 O Adds requirement to counsel Soldiers in writing to establish observed behavior of specific deficiencies that interfere with assignment to or performance of duty (para 6 7a(7)). o Requires higher level review by Office of the Surgeon General for Administrative separation of Soldiers who have served or are currently serving in an imminent danger pay (para 6 7e). o Incorporates Army Directive 2012 07, Administrative Processing for Separation of Soldiers for Alcohol or Other Drug Abuse (paras 10 1a, 10 1a(3), 10 1d, and 11 1d.) o Moves policy for the Qualitative Retention Program, to include use of the program as a force-shaping mechanism from AR 135 205 (herby superseded) to this regulation (chap 16). o Changes guidance for when a Qualitative Retention Board may convene (para 16 5).

3 *This regulation supersedes AR 135 178, dated 12 January 2017; and AR 135-205, dated 11 march 2008. AR 135 178 7 November 2017 UNCLASSIFIED i Headquarters Department of the Army Washington, DC *Army Regulation 135 178 7 November 2017 Effective 7 December 2017 Army National Guard and Reserve Enlisted Administrative Separations History. This publication is a major revi-sion. Summary. This regulation implements DODI It establishes policies, standards, and procedures governing the Administrative separation of certain Enlisted Soldiers of the Army National Guard /Army National Guard of the United States and the Army Reserve . Applicability. This regulation applies to Army National Guard /Army National Guard of the United States, and Army Reserve Soldiers not serving on active duty.

4 Proponent and exception authority. The proponent of this regulation is the Dep-uty Chief of Staff, G 1. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval au-thority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activ-ities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activ-ity s senior legal officer. All waiver re-quests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher head-quarters to the policy proponent.

5 Refer to AR 25 30 for specific guidance. Army internal control process. This regulation contains internal control provi-sions in accordance with AR 11 2 and identifies key internal controls that must be evaluated (see appendix B). Supplementation. Supplementation of this regulation and establishment of com-mand and local forms are prohibited with-out prior approval from the Deputy Chief of Staff, G 1 (DAPE MP), 300 Army Penta-gon, Washington, DC 20310 0300. Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recom-mended Changes to Publications and Blank Forms) directly to Headquarters, Depart-ment of the Army, Deputy Chief of Staff, G 1 (DAPE MPE IP), 300 Army Penta-gon, Washington, DC 20310 0300.

6 Distribution. This publication is availa-ble in electronic media only and is intended for command level B for the Active Army and A for the Army National Guard /Army National Guard of the United States, and the 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 1 Objective 1 6, page 2 Separation processing goals 1 7, page 3 DA Form 5138 1 8, page 3 Medical processing and evaluation 1 9, page 3 Precedence of referral to the Integrated Disability Evaluation System and Administrative separation 1 10, page 5 Section II Authority to Order and Accomplish Separation, page 7 Contents Continued ii AR 135 178 7 November 2017 Authority to order separation prior to expiration of service obligation 1 11.

7 Page 7 Authority to order separation of Soldiers having more than 18 but fewer than 20 years of qualifying service for retired pay 1 12, page 7 Referrals to Headquarters, Department of the Army 1 13, page 8 Authority to convene Administrative separation boards for non-unit Soldiers 1 14, page 8 Actions required of commanders having separation authority regarding Soldiers incentives and entitle-ments 1 15, page 8 Section III Instruction in Benefits of an Honorable Characterization of Service on Discharge, page 8 Purpose of instruction 1 16, page 8 Presentation of instruction 1 17, page 8 Contents of instruction 1 18, page 9 Applicability and time of instruction 1 19, page 9 Recording 1 20, page 9 Section IV Bars to Continued Service, page 9 General 1 21, page 9 Discharge initiation and processing 1 22, page 9 Section V Mobilization Asset Transfer Program, page 9 Policy 1 23, page 9 Eligibility for the Mobilization Asset Transfer Program 1 24, page 10 Ineligible for the Mobilization Asset Transfer Program 1 25, page 10 Separation authority determination of mobilization potential 1 26, page 10 Requirements on retention, transfer, or reassignment to the individual ready Reserve 1 27, page 11 Chapter 2 Guidelines on Separation and Characterization, page 11 Section I Separation, page 11 Scope 2 1, page 11 Guidance 2 2, page 11 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.

8 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 14 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 17 Separation before expiration of the service obligation 2 14, page 18 Contents Continued AR 135 178 7 November 2017 iii Separation after expiration of the service obligation 2 15, page 18 Effective date of discharge 2 16, page 18 Notification of discharge 2 17, page 18 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 21 Screening and counseling of victims of sexual assault 3 4, page 22 Section II Separation Using the Notification Procedure, page 22 Notice under the notification procedure 3 5, page 22 Additional notice requirements 3 6, page 30 Response 3 7, page 30 The initiating commander s report to the separation authority 3 8, page 31 Action by intermediate commanders 3 9.

9 Page 35 Action by separation authority 3 10, page 35 Section III Separation Using the Administrative Board Procedure, page 36 Notice under the Administrative board procedure 3 11, page 36 Additional notice requirements 3 12, page 44 Response 3 13, page 44 The initiating commander s report to the separation authority 3 14, page 45 Action by intermediate commanders 3 15, page 45 Waiver 3 16, page 45 Action by the separation authority on commander s recommendation 3 17, page 48 Hearing requirements 3 18, page 48 Action by separation authority on board recommendations 3 19, page 50 Disposition of proceedings 3 20, page 52 Errors and discrepancies noted before accomplishing separation 3 21, page 52 Disposition of the case file 3 22, page 52 Section IV Additional Provisions Concerning Soldiers Confined by Civil Authorities, page 52 Proceedings when Soldier is confined by civil authorities 3 23, page 52 Notification requirements 3 24, page 52 Chapter 4 Expiration of Service Obligation, page 54 Basis 4 1, page 54 The military service obligation 4 2, page 55 Retention beyond expiration of service obligation 4 3, page 55 Voluntary separation of Soldiers on indefinite re-enlistments 4 4, page 55 Characterization of service 4 5, page 56 Separation authority 4 6, page 56 Contents Continued iv AR 135 178 7 November 2017 Chapter 5 Selected Changes in Service Obligations, page 56 Basis 5 1, page 56 Reduction in authorized strength of the Army Reserve or Army National Guard of the United States 5 2.

10 Page 56 Discharge for immediate reenlistment 5 3, page 56 Discharge on enlistment in another component of the Armed Forces 5 4, page 56 Discharge on appointment as a commissioned or warrant officer 5 5, page 57 Separation of cadets on disenrollment from the Senior Reserve Officers Training Corps or an Reserve Officers Training Corps Scholarship Program 5 6, page 57 Reserve Officers Training Corps cadet early release 5 7, page 58 Discharge of a potential Reserve Officers Training Corps/Simultaneous Membership Program participant 5 8, page 58 Chapter 6 Convenience of the Government, page 58 Basis 6 1, page 58 Dependency or hardship 6 2, page 58 Pregnancy 6 3, page 60 Surviving sons or daughters 6 4, page 60 Involuntary separation due to parenthood 6 5, page 61 Not medically qualified under procurement medical fitness standards 6 6, page 61 Other designated physical or mental conditions 6 7, page 61 Characterization of service 6 8, page 63 Procedures 6 9, page 63 Separation authority 6 10, page 63 Chapter 7 Defective Enlistments and Reenlistments, page 63 Minority enlistments 7 1, page 63 Erroneous enlistment, reenlistment, and extension 7 2, page 64 Defective enlistments or reenlistments 7 3, page 65 Fraudulent enlistments or reenlistments 7 4, page 65 Chapter 8 Entry Level Performance and Conduct, page 66 Basis 8 1, page 66 Counseling and rehabilitation 8 2, page 66 Characterization and description 8 3, page 66 Procedures 8 4, page 66 Separation authority 8 5, page 66 Chapter 9 Unsatisfactory Performance.