F. Notification Procedure

189
2. The Regulation Permits Notification Procedure Under, Among Oth-
ers:
• Some provisions of Ch. 5, Convenience of the Government Ch. 7, Defective Enlistments/Reenlistments and Extensions Ch. 9, Alcohol or Other Drug Abuse Rehabilitation Failure Ch. 11, Entry Level Performance and Conduct Ch. 13, Unsatisfactory Performance Ch. 14, Misconduct (unless an OTH is warranted and
• Ch. 18, Failure to Meet Body Fat Standards.
G. Board Hearing Cases
An administrative board hearing is used if required by the governing chapter of the regulation, if the Soldier has 6 or more years of total active and reserve military service and elects aboard, or if the command is contemplating discharge with an OTH discharge and the Soldier elects a board.
The Board must be composed of at least three commissioned, warrant, or noncommis- sioned officers at least one of the voting commissioned officers must be a reserve officer if the Soldier being separated is in the Reserve Component. Enlisted members of the board must be a SFC or above and senior to the respondent. At least one member of the board must be a MAJ or above, and a majority of the members must be commissioned or warrant officers. See AR
135-178 and NGR 600-200 and consult your servicing judge advocate for the board composition for Soldiers not on active duty, which have additional requirements when an OTH is recommended.
The board is conducted under the provisions of AR 15-6, with the government and respondent (Soldier and/or counsel) presenting evidence, witnesses, and arguments to the board for deliberation. A verbatim record of findings and recommendations is made, as is a summary of the proceedings and testimony for the separation authority’s review.
The respondent’s rights include testifying on their own behalf to the board, submission of a written or recorded matter, obtaining military counsel to represent them at the board, questioning witnesses at the board, and personal appearance at the board. Failure to invoke these rights, including failure to appear at the board, does not bar the board from meeting and making findings and recommendations.
The board must make a finding as to each allegation mentioned in the notification of separation, as well as a recommendation to either retain or separate the Soldier. If separation is recommended, the board must also recommend a characterization of service. Finally, the board may also recommend suspension of the separation fora period not to exceed 12 months. The separation authority may take action no less favorable than recommended by the board. However, aboard recommendation to suspend separation is not binding on the separation authority.

Download 4.49 Mb.

Share with your friends: