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after conviction, if the command specifically declines in writing to separate the Soldier on the basis of the conviction. AR 635-40, para. d.
e. Suspended Military Sentences
Soldiers may not be referred to, or continue in, IDES if under military sentence of dismissal or punitive discharge unless the sentence is suspended. The Soldier may not be discharged through IDES (may not complete the PEB) until the period of suspension has ended and the punitive discharge or dismissal has been disapproved. AR 635-40, para. e.
f. Enlisted Soldiers Pending Administrative Separations
Priority of Administrative Separation or DES Processing:
1) Discharge in Lieu of Court-Martial Terminates IDES.
Soldiers approved for Discharge in Lieu of Trial by Court-Martial under Chapter 10 of AR 635-200 are ineligible for referral to the MEB and PEB phases of IDES. If the Solider is already in IDES, their medical separation will be terminated. AR 635-40, para. f. See also AR 635-200, paras. a and 1-33c.
2) Dual Processing of Chapter 7 and Chapter 14 Administrative Separa-
tions with IDES.
Soldiers being processed for administrative separation for fraudulent enlistment (Chapter
7 of AR 635-200) or misconduct (Chapter 14 of AR 635-200) are eligible for referral to the
MEB. Prior to referral to the PEB, the Soldier’s General Court Martial Convening Authority
(GCMCA) must determine whether the Soldier will be referred to the PEB or administratively separated. In weighing whether to refer the Solder to the PEB or administratively separate the Soldier, the GCMCA must consider if the Soldier’s medical condition was a director substantial contributing cause of the conduct that led to the administrative separation action for Fraudulent Entry or Misconduct, or the circumstances of the individual case must warrant disability processing instead of further processing for administrative separation. Soldiers continue to remain eligible for these administrative separation actions up until the day of their separation or retirement for disability. AR 635-40, para f) and AR 635-200, para. 1-33.

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