Impact of Misconduct on the Integrated

240
2. Impact of Misconduct on IDES
a. Absent Without Leave
A Soldier who is absent without leave (AWOL) is not eligible to be referred to or continue the MEB, PEB, or final disposition of the Disability Evaluation System (DES). AR 635-40, para. a.
b. Reserve Component Soldiers with Unexcused Absences
Reserve Component (RC) Soldiers who have nine or more unexcused absences from scheduled inactive duty training (IDT) during a one year period will be considered unsatisfactory participants. They will not be referred to or continue DES processing unless the Soldier has a documented LOD medical condition which fails medical retention standards and which was the direct medical cause or a significant contributing factor to the unexcused absences. AR 635-40, para. bib c. UCMJ Actions
Soldiers under investigation or are charged with an offense under the UCMJ that could result in a punitive discharge (dismissal, dishonorable discharge (DD, or bad conduct discharge
(BCD)), maybe referred to and complete the MEB. These Soldiers are eligible for the PEB when one of the actions listed below occurs. AR 635-40, para. c. See also AR 635-200, para. c) The investigation ends without charges) The officer exercising proper court-martial jurisdiction dismisses the charges) An officer submits a resignation for the good of the Service under the provisions of AR 600–8–24 (this includes when the resignation is in lieu of referral to a General Court-Martial).
4) The officer exercising proper court-martial jurisdiction refers the charge for trial by summary court-martial.
5) Court-martial conviction does not include confinement and discharge or Soldier completes confinement without discharge.
d. Civilian Confinement
Soldiers in the circumstances below as a result of civilian criminal offense are ineligible to continue any phase of the DES:
1) Under investigation for or charges with a civil criminal offense (misdemeanor or felony,
2) Incarcerated in civilian confinement (pre- or post-trial), or) Being held pending psychiatric evaluation or treatment. However, a Soldier may complete the MEB phase if they are on bail and present for duty. The Soldier is eligible to enroll and complete the PEB when they are cleared of the offense or,

Download 4.49 Mb.

Share with your friends: