[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR41.4]

[Page 163]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 41--ENLISTED ADMINISTRATIVE SEPARATIONS--Table of Contents
 
Sec. 41.4  Responsibilities.

    (a) The Secretaries of the Military Departments shall prescribe 
implementing documents to ensure that the policies, standards, and 
procedures set forth in this part are administered in a manner that 
provides consistency in separation policy to the extent practicable in a 
system that is based on command discretion. The implementing documents 
also shall address the following matters:
    (1) Processing goals. The Secretary concerned shall establish 
processing time goals for the types of administrative separations 
authorized by this part. Such goals shall be designed to further the 
efficient administration of the armed forces and shall be measured from 
the date of notification to the date of separation. Normally such goals 
should not exceed 15 working days for the Notification Procedure (part 
3, section B., appendix A) and 50 working days for the Administrative 
Board Procedure (part 3, section C., appendix A) Goals for shorter 
processing times are encouraged, particularly for cases in which 
expeditious action is likely. Variations may be established for complex 
cases or cases in which the Separation Authority is not located on the 
same facility as the respondent. The goals, and a program for monitoring 
effectiveness, shall be set forth in the implementing document of the 
Military Department. Failure to process an administrative separation 
within the prescribed goal for processing times shall not create a bar 
to separation or characterization.
    (2) Periodic explanations. The Secretary concerned shall prescribe 
appropriate internal procedures for periodic explanation to enlisted 
members of the types of separations, the basis for their issuance, the 
possible effects of various actions upon reenlistment, civilian 
employment, veterans' benefits, and related matters, and the effects of 
10 U.S.C. 977 and Pub. L. 97-66, concerning denial of certain benefits 
to members who fail to complete at least 2 years of an original 
enlistment. Such explanation may be provided in the form of a written 
fact sheet or similar document. The periodic explanation shall take 
place at least each time the provisions of the Uniform Code of Military 
Justice (UCMJ) are explained pursuant to Article 137 of the UCMJ. The 
requirement that the effects of the various types of separations be 
explained to enlisted members is a command responsibility, not a 
procedural entitlement. Failure on the part of the member to receive or 
to understand such explanation does not create a bar to separation or 
characterization.
    (3) Provision of information during separation processing. The 
Secretary concerned shall ensure that information concerning the purpose 
and authority of the Discharge Review Board and the Board for Correction 
of Military/Naval Records, established under 10 U.S.C. 1552 and 1553 and 
32 CFR part 70 (DoD Directive 1332.28) is provided during the separation 
processing of all members, except when the separation is for the purpose 
of an immediate reenlistment. Specific counseling is required under 38 
U.S.C. 3103(a) which states that a discharge under other than honorable 
conditions, resulting from a period of continuous, unauthorized absence 
of 180 days or more, is a conditional bar to benefits administered by 
the Veterans Administration, notwithstanding any action by a Discharge 
Review Board. The information required by this paragraph should be 
provided in the form of a written fact sheet or similar document. 
Failure on the part of the member to receive or to understand such 
explanation does not create a bar to separation or characterization.
    (b) The Assistant Secretary of Defense (Manpower, Reserve Affairs, 
and Logistics) may modify or supplement the enclosures to this 
Directive, and may delegate the authority to establish reporting 
requirements for the reasons for separation (part 1, appendix A) to a 
Deputy Assistant Secretary.

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