Did you know that a chapter or separation action is not necessarily the end of the line for a Soldier’s military career? If you are surprised, don’t worry most people are unaware of the second chance AR 635-200 provides. Heck, in one instance as a CSM I explained I wanted to put the chapter in suspension and the JAG told me we could not do that….so even the legal folks might need this information.
Bottom-line AR 635-200 paragraph 1-18 allows for a chapter or separation action to be put into suspension for up to 12 months. This gives the Soldier the opportunity to prove to the chain of command they are worth saving and can perform to standard. Let’s take a look at the specifics of the regulation.
Extract of AR 635-200
1–18. Suspension of execution of approved separation
a. A highly deserving Soldier may be given a probation period to show successful rehabilitation before the Soldier’s enlistment or obligated service expires.
(1) The separation authority or higher authority may suspend (except fraudulent entry) execution of an approved separation for a period of full-time military duty not to exceed 12 months. (See chap 2.)
(2) When there are approved reasons for separation in addition to fraudulent entry, suspension may be authorized only when waiver of the fraudulent entry is obtained.
(a) During the period of suspension, the Soldier must show that he/she is able to behave properly under varying conditions.
(b) The Soldier can also show that he/she can perform assigned duties efficiently.
b. Upon satisfactory completion of the probation period, or earlier if rehabilitation has been achieved, the authority that suspended the separation will cancel execution of the approved separation. If the Soldier has been transferred to the command of another separation authority, the separation will be canceled by the new separation authority or higher authority.
c. If the Soldier engages in conduct similar to that for which separation was approved, but then was suspended, or otherwise fails to meet the appropriate standards of conduct and duty performance, the commander concerned, the convening authority, or the separation authority will take one of the following actions:
(1) Initiate punitive or new administrative action in spite of the suspension of execution of the approved discharge.
(2) Withhold action in the case of a Soldier who is absent without authority or in civilian confinement by delivery under Uniform Code of Military Justice (UCMJ), Article 14 (Absence Without Authority), or while in civilian confinement. The provisions of either (1), above, or (3), below, will be complied with when the Soldier returns to military control and before the period of probation expires.
(3) Advise the Soldier, in writing, that vacation of the suspension is being considered and the reasons that warrant such consideration.
(a) The Soldier will be given 3 duty days to consult with counsel and submit a written statement in his/her own behalf or decline to make any statement.
(b) The commander taking the action will consider any information the Soldier submits. If the Soldier identifies specific legal issues for consideration, the separation authority will have the matter reviewed by an officer of the Judge Advocate General’s Corps. The separation authority may—
1. Vacate suspension of the approved action and execute separation, or
2. Continue to suspend execution of the approved separation for the remainder of the probation period.
As you can see this is an option for a highly deserving Soldier that you believe can Soldier back from their substandard performance. I used this action two times in my career and both times the Soldier went on to be a Solid performer and made a career out of the military. This process is not for every Soldier that is being Separated. Also note that the chapter is fully executed and approved from an administrative point of view. Therefore if the Soldier fails to perform to standard, the chapter is executed. You do not have to start the chapter process over again…you will be required to do a separation physical in most cases but other than that the Soldier is ready for separation should their substandard performance continue.
Do not use this process just for any Soldier. Make sure you are using it for the Soldier who is otherwise deserving and responsible. Use this action sparingly otherwise all individuals being separated will believe their chapter can be placed in suspension.
This is an exceptional tool for leaders! Share this information and ensure other leaders are familiar with this process, it could make a big difference in the life of a Soldier!
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