TO NAVADMIN RTAUZYUW RUEWMCS0546 0921855-UUUU--RUCRNAD RUCCAJP. ZNR UUUUU ZUI RUENAAA0546 0921855 R 011855Z APR 04 ZYB MIN PSN 654777J36 FM CNO WASHINGTON DC//DNS// TO NAVADMIN BT UNCLAS //N03111// NAVADMIN 076/04 MSGID/GENADMIN/CNO WASHINGTON DC/DNS/-/APR// SUBJ/ADMINISTRATIVE SEPARATION FOR COMMISSION OF A SERIOUS CIVILIAN /OFFENSE// REF/A/DOC/MILPERSMAN 1910-142/-// REF/B/DOC/MILPERSMAN 1910-144/-// REF/C/DOC/MILPERSMAN 1910-404/-// REF/D/DOC/MILPERSMAN 1910-230/-// REF/E/DOC/SECNAVINST 5820.4G/14JAN1990// REF/F/DOC/SECNAVINST 1920.6B/13DEC1999// REF/G/DOC/MILPERSMAN 1611-010/-// NARR/REF A IS MILPERSMAN 1910-142, SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE. REF B IS MILPERSMAN 1910-144, SEPARATION BY REASON OF MISCONDUCT - CIVILIAN CONVICTION. REF C IS MILPERSMAN 1910-404, NOTICE OF ADMINISTRATIVE BOARD PAGE 02 RUEWMCS0546 UNCLAS PROCEDURE. REF D IS MILPERSMAN 1910-230, DISCHARGE IN ABSENTIA. REF E IS SECNAVINST 5820.4G, STATUS OF FORCES POLICIES, PROCEDURES, AND INFORMATION. REF F IS SECNAVINST 1920.6B, ADMINISTRATIVE SEPARATION OF OFFICERS. REF G IS MILPERSMAN 1611-010, OFFICER PERFORMANCE.// RMKS/1. A NUMBER OF RECENT OPREP/SITREP MESSAGES HAVE DESCRIBED CIVILIAN OFFENSES COMMITTED BY NAVY PERSONNEL, INCLUDING SEVERAL SERIOUS OFFENSES. NAVY ADMINISTRATIVE SEPARATION PROCEDURES PERMIT COMMANDING OFFICERS TO PROCESS SERVICE MEMBERS FOR SEPARATION PRIOR TO FINAL ADJUDICATION OR CONVICTION IN CIVILIAN COURT. SPECIFICALLY, REF A STATES A SAILOR MAY BE SEPARATED BY REASON OF MISCONDUCT FOR COMMISSION OF A SERIOUS CIVILIAN OFFENSE WHEN SPECIFIC CIRCUMSTANCES OF THE OFFENSE WARRANT SEPARATION AND WHEN THE OFFENSE WOULD WARRANT A PUNITIVE DISCHARGE UNDER THE UCMJ FOR THE SAME OR CLOSELY RELATED OFFENSE. GENERALLY, ENLISTED SEPARATION POLICIES PROMOTE READINESS BY ALLOWING FOR THE PROMPT SEPARATION OF THOSE MEMBERS WHO DO NOT DEMONSTRATE POTENTIAL FOR FURTHER SERVICE, AS RETAINING SUCH INDIVIDUALS IN THE NAVAL SERVICE IMPACTS NEGATIVELY MISSION ACCOMPLISHMENT, GOOD ORDER AND DISCIPLINE AND COMMAND MORALE, AND EXPENDS PRECIOUS FINANCIAL AND PAGE 03 RUEWMCS0546 UNCLAS ADMINISTRATIVE RESOURCES. 2. WHILE SEPARATION UNDER REF B REQUIRES A CIVILIAN CONVICTION, SEPARATION BASED ON COMMISSION OF A SERIOUS OFFENSE UNDER REF A DOES NOT REQUIRE FINAL ADJUDICATION OR CONVICTION BY A COURT, THOUGH THE OFFENSE MUST BE SUBSTANTIATED BY A PREPONDERANCE OF THE EVIDENCE. THIS DETERMINATION IS WITHIN THE DISCRETION OF THE COMMANDING OFFICER. PROCESSING IS MANDATORY FOR CERTAIN TYPES OF MISCONDUCT SUCH AS VIOLENT MISCONDUCT RESULTING IN, OR HAVING THE POTENTIAL TO RESULT IN, DEATH OR SERIOUS BODILY INJURY (E.G., HOMICIDE, ARSON, ARMED ROBBERY, AND ASSAULT WITH A DEADLY WEAPON) OR DEVIANT SEXUAL BEHAVIOR. AN ADMINISTRATIVE BOARD MUST BE OFFERED IAW REF C IF THE OFFENSE REQUIRES MANDATORY PROCESSING OR THE COMMANDING OFFICER BELIEVES CIRCUMSTANCES WARRANT AN OTHER THAN HONORABLE CHARACTERIZATION OF DISCHARGE. AN ADMINISTRATIVE BOARD MAY BE HELD WHILE THE ACCUSED IS IN CIVILIAN INCARCERATION (EVEN PRIOR TO CONVICTION). IN SUCH CASES, THE ACCUSED MAY, AFTER CONSULTING WITH COUNSEL, WAIVE THE RIGHT TO AN ADMINISTRATIVE BOARD. 3. UNDER REF D, SERVICE MEMBERS CONFINED IN FOREIGN JAILS MAY BE PROCESSED FOR SEPARATION, BUT MAY NOT BE DISCHARGED OR SEPARATED FROM SERVICE UNTIL COMPLETION OF IMPRISONMENT AND RETURN TO THE PAGE 04 RUEWMCS0546 UNCLAS UNITED STATES. PER REF E, SECNAV MAY AUTHORIZE SEPARATION IN UNUSUAL CASES. 4. OFFICER PERSONNEL MAY ALSO BE PROCESSED FOR SEPARATION PRIOR TO A CONVICTION FOR A MILITARY OR CIVILIAN OFFENSE. REF F STATES THAT OFFICERS MAY BE SEPARATED FOR A MILITARY OR CIVILIAN OFFENSE THAT COULD BE PUNISHED BY CONFINEMENT OF SIX MONTHS OR MORE. COMMANDS SHOULD SUBMIT REPORTS REQUIRED BY REF G AT THE EARLIEST POSSIBLE TIME IN ORDER TO ALLOW CNPC, THE SHOW CAUSE AUTHORITY, TO DETERMINE WHETHER ADMINISTRATIVE SEPARATION PROCESSING IS APPROPRIATE. 5. COGNIZANT STAFF JUDGE ADVOCATES OR TRIAL SERVICE OFFICES CAN ASSIST COMMANDS IN EVALUATING THE MERITS OF A PARTICULAR CASE. GUIDANCE ON SEPARATIONS MAY ALSO BE OBTAINED FROM PERS-483. FOR ENLISTED CASES CONTACT PERS 4832 AT DSN 882-4427 OR 882-4433. FOR OFFICER CASES CONTACT PERS 4834 AT MILL_PERS4834C@NAVY.MIL OR DSN 882-2097. 6. RELEASED BY VADM P. A. TRACEY, DIRECTOR, NAVY STAFF.// BT #0546 NNNN