ADMINISTRATIVE SEPARATIONS Summary. This regulation provides installation units with administrative separation procedures and guidelines to ensure timely and effective processing of legal actions.
Applicability. These guidelines apply to all units assigned to Fort Eustis and Fort Story. Units will incorporate these procedures and processes to ensure effective processing of enlisted administrative separations according to Army regulatory guidance and policy. The primary focus of this regulation is to standardize procedures for administrative separations of initial entry training (IET) Soldiers and permanent party Soldiers, to improve timeliness of actions.
Availability. This publication is only available in electronic format on the USATCFE Homepage at http://eustis.army.mil/DOIM/recmgt.htm.
Supplementation. Supplementation to this regulation by Major Subordinate Commanders is permitted, if required. If supplemented, furnish a copy to this headquarters, ATTN: ATZF-AG, for approval.
Suggested improvements. The proponent for this regulation is the Installation Adjutant General. Send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) through channels to Headquarters, US Army Transportation Center (ATZF-AG), 662 Sheppard Place, Fort Eustis, VA 23604-5076.
Introduction 1-1. Purpose. This regulation provides installation units with administrative separation procedures and guidelines to ensure timely and effective processing of legal actions.
1-2. Discussion. a. Administrative separation and chapter processing are a command function with support from the Office of the Staff Judge Advocate (OSJA) and Military Personnel Division channels. Successful management requires cooperative efforts between unit commanders, legal, medical, and administrative staff proponents at all levels. Special emphasis must be placed on timeliness of legal and administrative actions.
b. Chapter processing is separated into two categories: Voluntary (medical, dependency, hardship, etc.) and Involuntary Administrative Separation/Discharge Actions (trainee, misconduct, unsatisfactory performance, etc.). Although the focus of this regulation is on involuntary separation actions, this regulation also provides general information on the medical discharge process. The emphasis is on expeditious processing according to the Army regulation and guidelines provided within this regulation, and on management control of the process using the JAG chapter database, Army Training Requirements and Resources System (ATRRS), and the Electronic Military Personnel Office (e-MILPO).
1-3. Responsibilities. a. The Office of the Staff Judge Advocate (OSJA) will:
(1) Manage legal actions (chapter packets, UCMJ) and ensure that enlisted separation actions are prepared IAW AR 635-200.
(2) Use the Chapter Action Control Sheet (CACS), Appendix B.
(3) Implement and use management controls and maintain the OSJA chapter database. Provide updates on legal and chapter processing actions during the 8th Transportation Brigade, and Commander, 7th Transportation Group, subject: Legal Consolidation.
(4) Make status corrections for legal sufficiency. The OSJA must review each packet for legal sufficiency before formal notification to the soldier is complete.
b. The Adjutant General will:
TCFE Reg 635-2 (1) Process all separation actions upon receipt of a complete chapter packet and ensure that enlisted separation actions are prepared IAW AR 635-200. Schedule, by appointment, a date and time for Soldier’s final out-processing.
(a) See Chapter 2 of this regulation for separation actions pertaining to three duty days.
(b) See all other chapters of this regulation for separation actions pertaining to seven duty days.
(2) Use the CACS. The AG Transition Point has authority to refuse acceptance of any chapter packet that does not have a completed CACS or proper chapter documentation.
(3) Prepare the USATC Quarterly Separation Control Report (QSCR) for the Chief of Staff to review IAW with Appendix C of this regulation. Provide this report to the Chief of Staff NLT 4 weeks after the end of each Quarter of the Fiscal Year
(4) Update ATRRS for IET Soldiers (see Appendix D).
c. Company Commanders will:
(1) Coordinate with Criminal Law at the OSJA on proposed chapter actions, initiate flagging action on e-MILPO and obtain the Soldier’s Enlisted Record Brief (ERB)
(2) Ensure compilation of all required preliminary paperwork(counseling statements, DA Form 4187’s, Art 15’s etc.) for the specific chapter action . Any questions concerning legal processing will be directed to Criminal Law, OSJA. Appendix E provides general requirements for specific chapters. Provide the Criminal Law Branch with the ERB and supporting documents for a preliminary review.
(3) Ensure dates for separation actions are accurately entered on the CACS and the completed control sheet is attached to chapter packet before forwarding to OSJA.
(4) Where applicable, notify ACADEMIC RECORDS AND STUDENT AFFAIRS DEPARTMENT (ARSAD) when an IET student is pending administrative separation, to prevent the Soldier from graduating. Soldiers who are pending separation will remain in class until the separation approval authority (brigade or battalion commander) approves the separation. Once the approving authority signs the approval memorandum to discharge the Soldier, submit a Soldier drop packet to ARSAD. In the event the approving authority decides to retain the Soldier, the company will notify ARSAD to allow the Soldier to graduate.
(5) Where applicable, submit the Student Status Change Form to ARSAD to update status changes.
TCFE Reg 635-2 (6) Notify the Military Personnel Office (MILPO) Trainee and Student Processing Branch in writing (e-mail or memo) with the specific type of chapter and the date of approval.
(7) Initiate and schedule all required appointments (physicals, mental evaluations, ACAP, etc.) immediately upon the decision to process a Soldier for administrative discharge.
The commander will also ensure that the Soldier attends all appointments. All formal counseling requirements must be documented according to AR 635-200 and guidance from OSJA. Preliminary actions will take no more than 33 calendar days to complete.
(8) Initiate suspension of favorable personnel action at the time of determination by commander to begin preliminary separation actions.
(9) Ensure that upon completion of formal notification of IET Soldiers, company will forward a request to input code “S” on ATRRS to Trainee Student Processing Branch at the MILPO. The Soldier will remain in ATRRS “S” status until the chapter is approved.
(10) Schedule the Soldier for an appointment with the Trial Defense Service (TDS) once formal notification is complete.
(11) Make a recommendation to the battalion commander on chapter approval/disapproval. If the battalion commander is the separation authority, the chapter will be sent to OSJA for final review. OSJA will prepare an approval/disapproval memorandum for the separation authority’s signature. Each command in succession will recommend approval/disapproval. OSJA will conduct a final legal sufficiency review.
d. The Battalion Commander will:
(1) Track all chapter actions. Ensure Student Status Change Forms are completed on IET Soldiers pending separation and forwarded to ARSAD.
(2) Maintain all applicable disapproved chapter packets for a minimum of two years in accordance with the ARIMS filing guidance using label 635-200a with title of “Discharge Board Proceedings”.
e. The Brigade/Group/MEDDAC/DENTAC Commanders will:
(1) Upon notification from the IET companies, ARSAD, withhold the student from graduating until the approving authority makes a decision. If a Drop From the Roles (DFR) packet is received after the approving authority decides to separate the Soldier, ARSAD will drop the Soldier out of thesystem. If the approving authority decides to retain the Soldier, ARSAD will graduate the Soldier from the system.
(2) Ensure that chapter processing and tracking are an inspection category in the command’s Organizational Inspection Program. (OIP)
TCFE Reg 635-2
Chapter Processing 2-1. Chapter Procedures. a. The chapter process is depicted in a flowchart format in Appendix F. Processing time for separations when the notification procedure is used will not normally exceed 15 working days.
b. Processing time when the administrative board procedure is used will not normally exceed 50 working days. Processing time will be measured from the date the Soldier acknowledges receipt of the notification of the proposed action to the date the separation authority directs separation.
c. A timeline for chapters is shown in Appendix G. Once the approval authority signs the approved chapter, the chapter will be delivered to the Transition Point for processing. Two days from the receipt of the chapter to the Transition Point orders will be ready for pick up. Separation dates will be set based on the following:
(1) Five duty days from order pick up for single soldiers living in the barracks.
(2) Seven duty days from order pick up for both married and single Soldiers authorized to reside off post.
(3) Ten working days for Soldiers occupying post quarters.
d. All units, MEDDAC, DENTAC, and JAG will use the SACS, and Request for Preparation for Chapter to document both the preliminary and the notification stage requirements. Commanders should consult with Criminal Law at OSJA and reference Appendix C to determine specific requirements.
e. A Soldier is entitled to an administrative separation board if:
(1) Soldier has served over six years of active/reserve service on the date of initiation of recommendation for separation.
(2) An Other than Honorable (OTH) discharge is recommended.
(3) Soldier receives or is recommended for separation under Chapter 15, Homosexual Conduct.
TCFE Reg 635-2 f. If the Soldier is entitled to an administrative separation board and does not waive that right, a board must be convened and the time may be extended to include an additional 50 working days IAW AR 635-200.
2-2. Counseling Requirements a. The counseling statement must state:
(1) The reason for counseling (how, what, when, where, why).
(2) That separation/discharge action may be initiated if the performance/conduct continues.
(3) The type of discharge that could result and the effect it will have.
b. Commanders must make maximum use of counseling and rehabilitation before determining that Soldier has no potential for further useful service and therefore, should be separated. In this regard, commanders will ensure that adequate counseling and rehabilitative measures are taken before initiating separation proceedings for the following chapters: 5-8, 5-14, 5-17, 11, 13, 14a, 14b, and 18. The separation authority may waive this requirement when the transfer will serve no useful purpose or will not produce a quality Soldier.
2-3. Medical Exams and Mental Evaluations. a. Medical Exams are required for Chapters 5-3, 5-11, 5-12, 8, 9, 11-3b, 12,13,14 (Section III), 15, and 18 or if requested by the Soldier in writing. (See Appendix H.)
b. Mental evaluations are required for Chapters 5-13, 13, 14 (Section III), and 15.
2-4. Mobilization Asset Transfer Program. a. Transfer to the Individual Ready Reserves to complete a statutory service obligation is mandatory for Soldiers who:
(1) Have completed IET and are MOS qualified.
(2) Have three or more months remaining on their MSO.
(3) Are not otherwise disqualified IAW AR 635-200, paragraph 1-35.
b. The separation authority determines the potential for useful service for Soldiers ordered to active duty under conditions of full mobilization.
TCFE Reg 635-2 2-5. Quarterly Administrative Separation Review. The AG will prepare a Quarterly Administrative Separation Timelines briefing to the Chief of Staff. This briefing will include, but will not be limited to the following:
a. Number of Separations processed.
b. Number of Separations which met/did not meet established processing timelines.
c. Reason why actions met/did not meet established timelines.
d. Suggestions for improving timeliness.
Soldiers pending administrative separation present a command and control and potential morale problem. Every effort will be made to expedite the discharge of Soldiers from the Army through timely processing of separation at all levels of this command, IAW these guidelines.
TCFE Regulation 210-8 Installation Clearance Procedures.
AR 40-3 Medical Dental and Veterinary Care
AR 40-501 Medical Service Standards of Medical Fitness.
AR 635-40, Physical Evaluation for Retention, Retirement or Separation
AR 635-200 Active Duty Enlisted Administrative Separations
Memorandum of Agreement between the Fort Eustis Judge Advocate General, the
Commander 8th Transportation Brigade, and the Commander, 7th Transportation Group, subject: Legal Consolidation.
Chapter Action Control Sheet (CACS)
B-1. Purpose. The Chapter Action Control Sheet (Figure 1) will be used by the Company/Detachment Commander when initiating a chapter packet on assigned enlisted soldiers.
B-2. Applicability. The CACS form is to be used by all units assigned to Fort Eustis and Fort Story. The CACS will accompany the chapter packet throughout the chapter process and will be completed with a legible name, rank, and dates for the specified categories noted on the CACS. Senior headquarters and AG will not accept the chapter packet unless the CACS form and supporting documentation have be properly noted and included.
B-3. Explanation CACS.
a. A CACS will be attached to the front of each chapter initiated. The complete name, unit, date of initiation, and type of chapter will be noted in the upper left hand corner of the form.
b. When each action is completed, the company commander or designated point of contact will print their name and rank legibly in the space provided; include a signature; and the appropriate date for the action starting or completed.
c. All days are in calendar days. The dates will be printed in the following format, year, month, and date, e.g. 021105. All blocks that are not shaded will include the appropriate dates as reflected by the supporting documentation or actions completed. The totals found in column “Cal Days” cannot be added to determine the total processing time. Several of the actions are concurrent, not consecutive.
d. Comments must be provided at the bottom of the CACS to clarify issues or lateness that exceeded the Timeline Standards. Examples are: the packet was returned for Re-Do, Board actions, and holiday/training holidays.
e. Information provided by the CACS will be collated into a Quarterly Report by the Adjutant General and provided to the Chief of Staff.
B-4. Instructions for computing Calendar Days on CACS:
a. Line A1 – Co Cdr will enter the date of his decision to separate the soldier.
b. Lines A2 to A3 – Co Cdr initiates flag and requests ERB and sends initial information to SJA. Count the number of calendar days from A2 to A3 and enter amount in A3 Cal Days block.
c. Lines A4 to A5 – Co Cdr schedules physical, ensures soldier attends appointment. Count the number of calendar days from A4 to A5 and enter amount in A5 Cal Days block.
d. Lines A6 to A7 – Co Cdr schedules date of mental health exam if required, ensures soldier attends appointment, and exam results picked up. Count the number of calendar days from A6 to A7 and enter amount in A7 Cal Days block.
e. Lines A8 to A9 – Co Cdr schedules ACAP and ensures soldier attends appointment. Count the number of calendar days from A8 to A9 and enter amount in A9 Cal Days block.
f. Line A10 – Co Cdr assembles complete packet, ensures CACS is annotated correctly; and enters date packet sent to OSJA. Count the number of calendar days from Date Out A1 to Date Out A10 and enter the amount into the A10 Cal Days block.
g. Line B1 – OSJA will enter date if incomplete packet returned to Co Cdr.
h. Line B2 – OSJA will enter Date In and Date Out chapter packet completed and available for pickup by the unit. Count the number of calendar days from Date In and Date Out and enter the amount in the B2 Cal Days block.
i. Line B3 – OSJA will compute the total days of processing by counting calendar days from the A1 Date Out block to the date of B2 Date Out block and enter the amount on the space provided on line B3...
j. Line C1 - The Co Cdr will formally notify the Soldier of the Chapter Action and enter the date of notification in the C1 Date In block.
k. Lines C2 and C3 maybe concurrent. Co Cdr enters the dates that the packet was forwarded to the BN Cdr and Trial Defense Counsel appointment was made.
l. Line D1 – Co Cdr will note when the TDS appointment was completed. Count the number of calendar days from C3 to D1 and enter amount in the D1 Cal Days block.
m. Line D2 – The soldier has 7 calendar days to rebut or make a decision for a Board if eligible. D1 Date Out date should be entered in the D2 Date In block. The date of the rebuttal decision or completion of a Board will be entered in D2 Date Out block. Count the number of calendar days from D2 Date In to D2 Date Out and enter amount in the D2 Cal Days block.
n. Line E – BN Cdr will note dates of receipt and decision. Count the number of calendar days from E Date In to E Date Out and enter amount in E Cal Days block. If the BN CDR is the approval authority, Complete line G1 with the appropriate dates. See sub-paragraph p below.
o. Line F - OSJA will review the packet. Count the number of calendar days from F Date In to F Date Out (packet picked up by the command) and enter the amount in F Cal Days block.
p. Line G1 – BDE/GRP Cdr (or BN Cdr for some actions) will note dates of receipt and decision. Count the number of calendar days from G1 Date In to G1 Date Out and enter amount in G1 Cal Days block. (See paragraph 5d (5) for guidance on retention of chapter packets if disapproved.) The BDE/GRP Cdr will ensure the CACS is correctly completed prior to being sent to the Transition Point at AG.
q. Line G2 - Transition Point or designated representative will compute the total days of processing by counting calendar days from the G1 Date Out to G2 Date In and enter the amount in G2 Cal Days block.
r. Line H1 – Transition Point will count the number of calendar days from B2 Date Out block to G2 Date In block and enter amount in the space provided. This shows the amount of time from the Chapter is available for formal notification by the Co Cdr to receipt by Transition Point.
s. Line H2 – Transition Point will note the date the packet was returned for correction/completion in the H2 Date Out block.
t. Line H3 – Transition Point will note the date the soldier was separated in H3 Date Out block. Count the number of calendar days from H2 Date In to H3 Date Out and enter amount in H3 Cal Days block.
u. Line I – Transition Point will sum the total calendar day amounts from lines B3, H1, and H3 to determine the overall total separation process time for that individual packet. The Cal Day individual totals noted on the CACS will be used by Transition Point in collecting data for the Quarterly Separation Control Report
1. TOTALS from B3, H1, and H3 = TOTAL AVG PROCESSING DAYS*
J. TOTAL CHAPTERS SUCCESSFULLY COMPLETED BY CMD
DAYS ARE CALENDAR DAYS
Appendix DATRRS REPORTING PROCEDURES
General ATRRS Procedures: ATRRS reporting data will be forwarded from Battalion G1 through Brigade S1 to MILPO Trainee Student Processing Branch. Data will be submitted as a minimum once a week in written format via memorandum or mail. At a minimum the information in these reports should include, Unit, Rank, Name, SSN, remarks (ATRRS Identifier) Start Date and End Date of the action.
The intent of this information is to track the reporting of Soldiers pending administrative discharge on ATRRS. Units will use the three ATRRS codes below in updating Brigade G1 and MILPO:
S Security/Flagged AR 600-8-2
Trainee personnel who are precluded from training or movement to their first unit of assignment due to flagging action under provisions of AR 600-8-2. Do not include those awaiting security clearances.
T Trainee Discharge
Trainee personnel who are being processed for administrative separation from the service under the provisions of AR 635-200, other than reasons listed under medical separations (Per TRADOC AG the Soldier will be placed in “T” status the date of approval of discharge by the battalion or brigade commander).
F Medical Separation
Trainee personnel who are being processed for medical separation from the service under provisions of AR 635-200 or AR 635-40, medical separation status begins on the date the Medical Treatment Facility Commander indicates the Soldier should be separated for failure to meet procurement medical fitness standards or refers the Soldier to a MEB.
Important: This is not the same as Temporary Medical Hold/Nondeployable which applies to those Soldiers on profile, quarters or convalescent leave. The designation for these reasons is J. NOTE: IAW TRADOC standards ATRRS code S is entered at the time of formal notification of intent to chapter Soldiers to denote “Flag” status. The “T” code is entered only when the battalion or brigade commander formally approves the chapter. The TRADOC standard from the time of formal notification to final approval is 15 working days for Administrative Chapter. After final approval of administrative discharge by the battalion or brigade commander, the standard for a Soldier to process through the Installation Transition Center and depart the Army is 3-5 working days.
______________________________________________________________________________(-------------------------------------10-15 Duty Days ----------------------------------------------------)
(Notification & Separation Actions)
Formal TDS Company Cdr or OSJA Legal Separation
Notification Intermediate Cdr Review Authority
/ / / / /
(----------------------------------------15 Duty Days -----------------------------------------------------)
Out – Departs the Army
(--7-10 Duty Days--)
APPENDIX H MEDICAL EVALUATION BOARD/PHYSICAL EVALUATION BOARDS
AND DISABILITY PROCESSING GUIDANCE PHYSICAL EXAMINATIONS AND MENTAL EVALUATIONS:
Part I and Part II Physical Exams are scheduled at McDonald Army Hospital – Physical Exam Section (757) 314-7896.
> Part I of the Physical Exam normally takes 2-3 days to schedule an appointment. Part II follow-on exam appointment is scheduled at the time of Part I – within 7 days. An exam report is completed at the time of the Part II Exam and can be signed for by a unit representative in the rank of SGT or above.
Mental Evaluations are only required for Chapters 5-13, 14, and 15 and are scheduled through the Fort Eustis Community Mental Health Services Clinic – (757) 314-7558. > Mental Evaluation appointments take approximately two weeks to schedule. The Mental Status Evaluation Report is normally available for pickup at the clinic within 5-7 working days following the evaluation and can be signed for by a unit representative in the rank of SGT or above.
a. Medical Evaluation Boards (MEB) are convened to document a Soldier’s medical status and duty limitation insofar as duty is affected by the Soldier’s medical status.
(1) Only the hospital commander or his designated physicians can make the call that MEB action is warranted.
(2) It is essential that the MEB thoroughly evaluate all medical conditions and report all abnormalities and their impact on functional ability. This is accomplished with the support of the unit commander who will provide a well documented duty performance statement on the Soldier. (How does the medical condition effect the duty performance?)
(3) A Soldier may be found unfit because of physical disability if:
(a) The Soldier is unable to perform the duties of his/her office, grade, rank or rating in such a manner as to reasonably fulfill the purpose of his/ her employment in the military service.
(b) The Soldier’s health or well-being would be compromised if he/she were to remain in the military service.
(c) In view of the Soldier’s physical condition, his/her retention in the military service would prejudice the best interest of the Government.
(4) Possession of one or more conditions listed in AR 40-501, Chapter 3, does not automatically mean the Soldier is unfit. Determinations of “fit” or “unfit” to remain on active duty will be made by the Physical Evaluation Board (PEB).
b. Physical Evaluation Boards are established to determine the Soldier’s physical fitness for continued military service and, if unfit, level of disability. (Is the Soldier’s career interrupted by reasons of physical disability?)
(1) The PEB does not:
(a) Do MOS reclassification.
(b) Issue/change profiles.
(c) Rate possible future developments.
(d) Make Line of Duty determinations.
(2) Eligibility for Disability Evaluation. When it is determined that a soldier does not meet retention standards outlined in AR 40-501, Chapter 3, then that Soldier is entitled to care required for that condition and an MEB will be accomplished. The MEB will be referred to the PEB except for Soldiers undergoing administrative discharge action under Chapter 10, 14, 15, AR 635-200.
NOTE: Exception for Chapter 14 & 15 – If the Soldier does not meet retention standards of Chapter 3, AR 40-501, and the MEB findings indicate referral to the PEB, the GCMCA may direct, in writing, that the soldier be processed through the disability system if it has been determined that the Soldier’s medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination or other circumstances of the individual’s case warrant disability processing instead of further processing for administrative separation.
a. Active duty Soldiers are entitled to care, regardless of line of duty determination and/or legal or administrative status.
b. Soldiers have the right to optimum medical care before MEB/PEB action is initiated.
c. MEB/PEB processing actions can take anywhere from 3 to 6 months (this is after the point in which the Soldier has received optimum medical care). Some considerations that may prolong the MEB/PEB process is:
(1) Completing the evaluation – optimum medical care.
(2) Workload – at all levels of the board process.
(3) Appeal action by the Soldier. Every Soldier has certain rights and privileges under the disability process and that includes appeal action.
d. Administrative control of the Soldiers during the MEB/PEB process: IAW AR 635-40, paragraph E-4a, “Soldiers processed as outpatients will remain available to the MTF commander or president of the PEB until the PEB completes action in his/her case.” IAW AR 600-60, paragraph 2-4, “Soldiers will be determined to be nondeployable effective the date the MTF refers the soldier to the MEB.”
Glossary Explanation of abbreviations and terms. ARSAD – Academic Records and Student Affairs Department
ATRRS – Army Training Requirements and Resources System
CACS – Chapter Action Control Sheet
e-MILPO – Electronic Military Personnel Office
ERB – Enlisted Records Brief
IADT – Initial Active Duty for Training
IET – Initial Entry Trainee
MEB – Medical Evaluation Boards
OIP – Organizational Inspection Program
OSJA – Office of the Staff Judge Advocate
QSCR – Quarterly Separation Control Report
OTH – Other Than Honorable