SECNAV INSTRUCTION 1920.6D Flashcards
SECNAV INSTRUCTION 1920.6D
ADMINISTRATIVE SEPARATION OF OFFICERS
what are the biases for Separation for Cause
- Substandard Performance of Duty.
- Misconduct, or Moral or Professional Dereliction.
- Resignation in Lieu of Trial by Court-Martial.
- Conditions Not Constituting a Physical Disability.
for Unlawful Drug Involvement is separation mandatory? and what type of board procedures?
separation is mandatory. Officers will be processed for separation on the basis of unlawful drug activity using BOI procedures
If the member is convicted at a court-martial or in a civilian court of federal, state or local U.S. jurisdiction, for Sexual Misconduct or Perversion, where is the conviction binding?
then the conviction is binding on the issue of whether misconduct occurred and the BOI is required to find that misconduct did occur.
In cases where an officer is pending a trial by court-martial (charges preferred with respect to an offense
for which a punitive discharge is authorized), the officer may submit a ________?
request for resignation in lieu of trial by court-martial. This provision will not be used when Rule for Courts-Martial 1003(d) of the MCM provides the sole basis for a punitive discharge unless the charges have been referred to a court-martial authorized to adjudge a punitive discharge.
Officers may be separated by reason of
parenthood
if it is determined that the officers are unable to
perform their duties satisfactorily or are unavailable for
worldwide assignment or deployment
ON SEPARATIONS FOR CAUSE what is the Action of the SCA
a. Review and evaluate the officer’s record and all
information presented about the case under consideration.
b. Determine whether the record contains sufficient
information as to one or more of the reasons specified in this
instruction to require the officer to show cause for retention.
c. Close the case and cease all processing if the record
does not contain sufficient information to require the officer concerned to show cause for retention.
d. Process the officer for separation pursuant to the
guidelines set forth in paragraphs 3 through 6 of this
enclosure.
e. If an officer is directed to show cause for retention in
the naval service before a BOI, the SCA will provide the officer with written notification of the reasons for making such a show cause determination.
Processing Officers Recommended for Separation by Promotion
Selection Boards
If the report of a promotion selection board
convened notifies SECNAV that an officer’s record, in the opinion of the majority of the board members, indicates that the officer should be required to show cause for retention on active duty or in an active status because of substandard performance of duty, misconduct, moral, or professional dereliction, or because retention is not clearly consistent with the interests of national security
Processing Certain Permanent Reserve Warrant Officers for Separation
Reserve Warrant Officers with less than five years of service as a Warrant Officer may be separated from the Navy or Marine Corps Reserve at any time without the benefit of a hearing or board procedure for any reason discussed in 1 (Separation for Cause) or 2 (Parenthood)
Characterization of Service Honorable
Officers whose quality of service has
generally met the standards of acceptable conduct and
performance of duty for officers
Characterization of Service General (Under Honorable Conditions).
If an officer’s
service has been honest and faithful, but negative aspects of the officer’s conduct or performance of duty outweigh the
positive aspects of his or her conduct or performance of duty as
documented in the officer’s military record
Other Than Honorable Conditions
This characterization is appropriate when the officer’s conduct or
performance of duty, particularly the acts or omissions that
give rise to the reasons for separation, constitute a
significant departure from that required of officers of the
naval service.
The SCA must notify the officer in writing of:
a. The reason or reasons specified in enclosure (6) for which the action was initiated, including the specific factual basis supporting the reason;
b. The recommended characterization of service is Honorable or General (Under Honorable Conditions);
c. That the officer may submit a rebuttal or decline to make a statement;
d. That the officer may tender a resignation in lieu of separation processing
e. That the officer has the right to confer with appointed counsel
what must the CO Submit to SECNAV?
The CO must forward the case file to SECNAV via CHNAVPERS or DC (M&RA), as appropriate. The case file must contain a copy of the written notification to the respondent, documentation substantiating the conduct or performance, and any written statement which the respondent desires to make. If the respondent tenders a resignation, it will accompany the case file.
what are the actions of SECNAV
a. SECNAV will determine whether there is sufficient evidence supporting the allegations set forth in the notification for each of the reasons for separation.
b. If there is sufficient factual basis for separation, SECNAV may order the officer separated. If the officer tenders a resignation, SECNAV may accept or reject it.
c. If SECNAV determines the recommended Honorable or General (under Honorable conditions) characterization of service is inappropriate, he may refer the case directly to a BOI.
d. SECNAV may retain the officer under the provisions
