b. Enlisted Soldier is pending separation for misconduct (AR 635-200, Chapter 14) with a general characterization of service. YES, but only through the MEB. The Soldier completes the MEB and the command completes the separation action including a separation board, if necessary. The results of both the MEB and the separation action are presented to the GCMCA who decides if the Soldier will proceed to the PEB or be administratively separated. The GCMCA must consider whether the Soldiers medical condition was a director substantial contributing cause of the conduct that led to the administrative separation action or the circumstances of the medical condition must warrant disability processing instead of further processing for administrative separation. If the GCMCA allows the Soldier to proceed to the PEB, the separation action is suspended pending the results of the PEB. The misconduct separation will resume if the PEB retains the Soldier. c. Soldier assaults his First Sergeant. YES, but only through the MEB. The Soldier would be under investigation for an offense that could result in a punitive discharge (Bad Conduct Discharge or Dishonorable Discharge. In accordance with AR 635-40, para c, the Soldier maybe referred to and complete the MEB. The Soldier may proceed to the PEB if the investigation ends without charges, the charges are dismissed, the charges are referred to a Summary Court-Martial or Article 15, or the Soldier is convicted but the Soldier’s sentence does not include a punitive discharge. d. An enlisted Soldier completed the MEB/PEB process and was is- sued disability retirement orders. While awaiting the retirement Return to Table of Contents
