AR 635-200 Active Duty Enlisted Administrative Separations
a. It sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.
(1) Judge the suitability of persons to serve in the Army on the basis of their conduct and their ability to meet required standards of duty performance and discipline.
(1) The acquisition of military status involves a commitment to the United States, the Army, one’s fellow citizens, and Soldiers, to complete successfully a period of obligated service. Early separation for failure to meet required standards of performance or discipline represents a failure to fulfill that commitment.
(a) Diligent efforts will be made to identify Soldiers who exhibit a likelihood for early separation and to improve their chances for retention through counseling, retraining, and rehabilitation prior to initiation of separation proceedings.
(1) The authority for separation of Soldiers upon expiration of term of service or fulfillment of active duty obligation.
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Comments
Jacob
I’m trying to figure out how the army handles someone in the army making it into Professional Football and ending a contract early. I’ve been referred to AR 635-200, and found out it would be administrative separation. I need more depth with this please?
Mark Gerecht
Woulds suggest you speak with Tim Kenndy the WWA fighter. He went the through the same thing and was successful. Try this em
kay
after failing my 1st apft i passed the 2nd one but they told me it was diagnostic. i took another a week after and passed but they said it was nullified cuz other soldiers complained they ran extra lap. i was made to take another one which i ended up running the snow and i failed my run by 16sec. my commander has initiated chapter process but i have not signed any paperwork yet cuz i asked to talk to him but i have not gotten the chance yet. i ask what’s next thing to do?
Mark Gerecht
Discussion
AR 350-1, para F-5k, “A repetitive APFT failure occurs when a Soldier fails a record test, is provided adequate time and assistance to condition (not to exceed 90 days), and fails again.” [emphasis added]
If your second APFT was declared a diagnostic it had to be declared prior to the start of the test (AR 350-1, APPX F-5l(1): (1) Commanders may administer the APFT as often as they wish; however, they must specify beforehand when the APFT is for record.)
If the second “for record” APFT you failed was due to the run being conducted in the snow or slick conditions, then you have an argument it was an invalid test based upon, (FM 7-22, APPENDIX A – Planning – “Weather and environmental conditions do not inhibit physical performance.”)
If the Soldier was not provided assistance and the opportunity to improve their conditioning between record tests, then there is an issue with taking the test so close together.
Additionally, if you passed the “for record” test that they say was nullified due to the run being an extra lap, then you also have an argument that you passed a “for record” test.
Points of Concern
o Did you receive adequate time to prepare and recover between APFTs?
o Was the diagnostic APFT announced after the APFT? If so that was incorrect because it must be stated beforehand
o If you ran in the snow and did not pass it can be argued that you failed based on environmental conditions and the command did not follow FM 7-22
Points to Consider
o It is best to solve problems at the lowest level possible. Seeking an audience with your unit 1SG and/or Commander is a logical choice
o If you do not receive fair treatment you can take the issue to Battalion.
o If they insist on separation action speak with your attorney immediately.
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C.
Im having issues with my COC primarily my CO becuase he keeps putting off my counseling and has been for th past month now and i am running out time. What can i do? I am in South Korea and i dont want to have my child here.
Eck
If you are enlisted I would recommend you utilize the First Sergeant’s Open Door policy and if that doesn’t get you anywhere then I would request to speak with your Battalion CSM under his/her Open Door Policy. If you are an officer, then I would recommend speaking with the Battalion XO. In either case, a phone call from your physician to your commander about the timeline for you to be able to travel may help also. As a last resort, you could speak with IG. This is all assuming that you are requesting a discharge due to pregnancy and not just to be reassigned back to the states. There is no requirement that I am aware of for the command to transfer you back to the states for pregnancy.
Eck