The First Rule of Holes
I am actually getting a bit tired of talking about this Lauro Chavez, but as long as he keeps lying, I am going to have to keep exposing him. Now he is facing the problem, that since he has started lying, he has to make up new lies to back up the old ones. Today he is back on Alex Jones' radio show At the 1:01 mark:
A lot of people question, “If you were in Afghanistan, how come you don’t have an Afghan service ribbon?” I don’t have an Afghan service ribbon, I don’t have a combat action badge. I am entitled to those things, but those are just awards that I don’t feel are necessary. The reason I don’t have those, is because to get an award your commander has to put you in for it stating why, and you go through this whole process. It sometimes takes 3 or 4 or 6 months. When I came back from Afghanistan, I did a Chapter 13 which is an early drop for college. The regulation states that if you have a letter from an accredited university they will let you out up to 6 months prior to your ETS date. Your end of term of service. So I didn’t want to wait 6 months. I just wanted to get out. So I got accepted to Ohio State, and then I left.
Regarding the awards, that is true if you are receiving an award for merit, but an award received for simply "being someplace" is a much simpler administrative action. It is not uncommon to receive these awards before you even leave your deployment. Getting overseas time on your DD-214 is an even simpler process.
Furthermore, as I pointed out previously, a Chapter 13 discharge is not "an early drop for college" it is a "Separation for Unsatisfactory Performance." The early drop for college, titled "Early separation to further education" is a Chapter 5 "Convenience of the Government" separation. He even lies about it being 6 months out, the policy only states 90 days.
Geez, did he think nobody would look this up?
posted by James B. @ 1:39 PM
11 comments
11 Comments:
No, he didn't comment on his rather interesting deployment any further.
I got tired of Lauro Chavez (any relation to stalinist twoofer; Hugo of Venezuela?) after the first post.
Considering the entertaining characters the twoofers have come up with, a third rate conman like Chavez just doesn't hold the attention like a classic bug-eyed vein-popping rant like uncle Fetzer would give.
More interesting that Chavez himself is the division he's causing among the twoofers themselves.
Check this out.
Para 13-2 b states:
Commanders will initiate separation action only when the soldier is under military control. As an exception, commanders may initiate this action when a soldier is confined by civil authorities and his/her military record indicates that he/she should be processed for separation by reason of unsatisfactory performance.
I do believe this means he was under some form of arrest.
Yes, Lauro "Jones "Chavez" - must be a disinfo agent...lol
seriously though, medal/ribbon or not, if he were in Afghanistan, should his DD214 have exhibited this time under the "Foregin Service" section or not.
I think Mr. Chavez is a disgruntled former serviceman who became so disillusioned with what USA was doing, or with army life in general, that he has now decided to create this extravigant story to try to take down his former bosses, while building himself up.
If not, than I have no idea why he continues to ly, unless he is doing a "Dylan" move.
TAM
More likely he started off telling little lies. Everyone does it when they first join - telling "war stories" is practically a ritual. Most stop making things up when they've been in for a while and have actually gotten some experience. Others are consigned to a desk for the entirety of their careers, or suffer from low self esteem, so they continue to invent ever more fantastic tales of their exciting exploits. Eventually it snowballs - you tell one lie, then have to make up another to cover your ass when people start asking questions. Eventually you're lying on a regular basis. In the military we tend to pity and avoid such individuals. In the twoof movement - where any story will be believed as long as it supports the conspiracy theory - he would have found a readily accepting audience who had no way to tell his lies apart from the truth. So he continued to lie and climb the social ladder until he got himself way more publicity that he was counting on. Now there's no way he can back down without totally destroying whatever little self esteem he may have left.
"I do believe this means he was under some form of arrest."
No, it doesn't necessairly mean he was under arrest. The Unsat Separation is something of a catch-all. Basically the person was enough of a dirtbag to warrant being discharged, but hadn't done anything bad enough to get courts-martialed or put out with a more severe discharge. The "Good of the Army" often comes into play with UNSAT. The Soldier is just too much trouble and too big of a disruption to the function of the unit.
Ah. Here we call them an "administrative burden", and the system is similar. Release without court martial.
The military equivelant of annulment then?
More on Ch. 13 discharge..
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Page 1
Chapter 13 - Unsatisfactory Performance
A servicemember may be talented and intelligent, but performing poorly because he or
she can not adapt to military life. Each Service has its own guidelines for factors that
constitute unsatisfactory performance, including:
Ω Failure to perform assigned duties properly.
Ω A progressively downward trend in performance ratings.
Ω Failure to demonstrate leadership potential.
There can be a fine line between unsatisfactory performance (which results in a General
(under Honorable Conditions) or Honorable characterization) and misconduct (which will
likely be characterized as Under Other Than Honorable Conditions). Unsatisfactory
performance is more likely where it can be shown that performance problems are not
intentional or the fault of the member. Members in entry level status will be processed for
entry level performance and conduct. (See Chapter 7, Entry Level Performance and
Conduct.)
The provisions of this involuntary discharge are vague, leaving to a commander’s
discretion whether or not to discharge a servicemember. DoD Directive 1332.14 does not
give specific guidance for defining unsatisfactory performance — commanders are
referred to the general separation guidelines (which are covered more completely in
Chapter 3, Understanding the Discharge Process) for the factors that may be considered
on the issue of retention or separation.
Factors to be considered include:
Ω “The seriousness of the circumstances forming the basis for initiation of separation
proceedings, and the effect of the member’s continued retention on military
discipline, good order, and morale.”
Ω “The likelihood of continuation or recurrence of the circumstances forming the basis
for initiation of separation proceedings.”
Ω “The likelihood that the member will be a disruptive or undesirable influence in
present or future duty assignments.”
Ω “The ability of the member to perform duties effectively in the present and in the
future, including potential for advancement or leadership.”
Ω “The member’s rehabilitative potential.”
Ω “The member’s entire military record.”
Criteria
Army
Commanders will separate a member for unsatisfactory performance when it is clearly
established that:
Page 2
Ω “In the commander’s judgment, the member will not develop sufficiently to
participate satisfactorily in further training and/or become a satisfactory soldier,” or
Ω “The seriousness of the circumstances is such that the member’s retention would have
an adverse impact on military discipline, good order, and morale,” and
Ω “It is likely that the member will be a disruptive influence in present or future duty
assignments,” and
Ω “It is likely that the circumstances forming the basis for initiation of separation
proceedings will continue or recur,” and
Ω “The ability of the member to perform duties effectively in the future, including
potential for advancement or leadership, is unlikely,” and
Ω “The member meets retention medical standards….”
Navy
The Navy requires that unsatisfactory performance be demonstrated by:
Ω “[T]wo or more enlisted performance evaluations, either regular or special, with
unsatisfactory marks for professional expertise and/or military bearing/character (or
combination thereof) of 1.0”; or
Ω Violation of a “counseling/warning which specifically addresses the member's
unsatisfactory performance….”
Marine Corps
The Marine Corps characterizes unsatisfactory performance as:
Ω “Performance of assigned tasks and duties in a manner that is not contributory to unit
readiness and/or mission accomplishment, as documented in the service record;” or,
Ω “Failure to maintain required proficiency in grade, as demonstrated by below average
numerical scores or adverse fitness report markings or comments accumulated in the
Enlisted Performance Evaluation System.”
Marines may be separated for unsatisfactory performance for the following reasons:
Ω “Unsanitary Habits…[which] includes, but is not limited to the repeated occurrence
of venereal disease infections during the Marine’s current enlistment or period of
service.”
Ω “Unsatisfactory Performance of Duties [as defined above].”
Air Force
Air Force servicemember’s are subject to discharge for unsatisfactory performance based
on documented failure to meet Air Force standards. Commanders must weigh conduct,
military deportment, and duty performance against those of like grade, age, and length of
service. While unsatisfactory performance “may be due to one flaw, it is shown as a rule,
in more than one way.” One or more of the following may be used as the basis for
discharge:
Page 3
Ω “Failure to perform assigned duties properly.”
Ω “A progressively downward trend in performance ratings.”
Ω “Failure to demonstrate the qualities of leadership required by the member’s grade.”
Ω “Failure to maintain standards of dress and appearance (other than weight and fitness)
or military deportment.”
Ω “Failure to progress in on-the-job training.”
Ω “Irresponsibility in the management of personal finances.”
Ω “Unsanitary habits such as repeated infection of venereal disease, persistent refusal to
bathe, and similar refusal to observe personal hygiene.”
Ω “Failure to meet minimum fitness standards.”
Counseling
There are no specific provisions for members to request discharge for unsatisfactory
performance because a member has no “right” to this involuntary discharge. From the
point of view of the command, unsatisfactory performance is an appropriate or useful
basis for discharge when it benefits unit readiness and discipline, not when a member
desires it. Because of the discretion the regulations give commanders, the command’s
underlying attitude or situation may be more important than the member’s actual
performance.
The member will need to show difficulties in handling his or her work due to inability,
not intentionally bad performance. Warn against intentionally messing up in order to get
out. Obstinate refusal to do work, or conduct that appears as shirking, may result in
nonjudicial punishment, which can lead to a discharge for misconduct.
Documentation
The member’s military record may provide all of the documentation necessary for this
discharge. Additional documentation to show inability, as opposed to intentionally bad
performance, can include:
Ω a psychiatric evaluation (by both a military and civilian psychologist, if possible),
Ω a letter from a clergy member, family counselor, or other professional whom the
member has consulted.
If the member has always had trouble performing up to par, even before entering the
military, low Armed Forces Qualifying Test scores, low high school grades, or a poor
record from a job held prior to joining the military can document that the member’s
problems are likely to continue and unlikely to improve.
Approaching the Command
Under most circumstances, it is useless or even harmful for the member to make a direct
request for discharge under this section. In some cases, the request will get no response at
Page 4
all; in others, it will convince the command that the member is intentionally performing
poorly.
To approach the command, a request mast or other meeting with the commanding officer
may give the member an opportunity to talk about difficulties in his or her work without
reference to discharge. Intermediate officers can sometimes be similarly approached,
causing them to raise the matter with the commander.
In some cases it may be effective for a counselor to raise the issue of discharge. It is most
useful to discuss discharge in terms of the command’s need for a level of efficiency and
readiness — which the member is simply unable to provide — rather than primarily
address the needs of the member. A friendly chaplain or medical officer might raise the
matter directly with the commanding officer. Clergy and other civilians can also make the
request, preferably after they have talked with the counselor about the discharge and the
command. A concerned family member might also communicate with the command.
Official Process
Before any discharge processing can begin, the command must follow the standard
counseling procedure and provide an opportunity for rehabilitation to the member. (See
Chapter 3, Understanding the Discharge Process, under “Official Process” on page 3.7.)
It may be difficult for the member to avoid getting into trouble with the command by not
heeding the commander’s suggestions for improvement, or not cooperating with
whatever corrective action is taken. It is important to make clear to the command that the
inability to heed warnings and benefit from counseling is not a matter of intentional
shirking, but rather due to inability, inaptitude, or other problems.
Once the commanding officer makes a discharge recommendation the separation
authority will normally concur. However, the separation authority is less likely to concur
if:
Ω The record is particularly weak.
Ω There are other factors present which preclude this discharge (such as serious drug or
alcohol dependence requiring rehabilitation, or a medical disability).
Ω The command has failed to counsel the member or process the paperwork properly.
Notification
The command must follow the standard notification procedure to give notice of discharge
proceedings to the member. (See Chapter 3, Understanding the Discharge Process, under
“Notification” on page 3.7.)
Page 5
Type of Separation
Discharge for unsatisfactory performance will be either Honorable or General (under
Honorable Conditions). Rather than receiving a complete discharge from the military, the
member may be transferred (or “separated”) to the Individual Ready Reserve.
Appeals
Fighting Separation
A military servicemember may wish to challenge an unsatisfactory performance
discharge, either to remain in the military or to obtain a different discharge.
Unfortunately, a member whose poor work performance is the result of a personality
disorder, a concern for a family hardship, or even developing beliefs of conscientious
objection, will have little protection under the regulations. In fact, the regulations
encourage commands and separation authorities to use performance-related discharges
even if personal problems are involved. The Army regulation notes that the provision
applies to members who are pregnant, if their “substandard duty performance is not
caused solely by pregnancy”!
Unsatisfactory performance may result from physical, emotional, or other problems
which the command has ignored until they showed up in the member’s work. For
example, a member who has been improperly told that she or he cannot apply for
conscientious objection discharge will probably develop work-related problems. A
member whose serious depression has been diagnosed, but whose command refuses to
allow treatment, will probably not work well. A member who has tried unsuccessfully to
request drug rehabilitation treatment may not handle her or his job well.
Discrimination — based on race, sex, religion, sexual orientation, or some other reason
— can affect evaluations of performance and result in lower fitness reports, failure to
document achievements, and disproportionate disciplinary action. It is also not unheard
of for superiors to influence or change work evaluations, or to harass a member until his
or her work is affected.
Discharge may be recommended because the command wants to get rid of the member
for some other reason. Where the separation authority has rejected a recommendation for
another discharge, or where the command suspects the member of homosexual conduct,
drug use, etc. but cannot prove anything, unsatisfactory performance may offer a
convenient alternative.
Documentation will be needed to challenge a discharge for unsatisfactory performance.
Include positive recommendations or evaluations by superiors, supportive statements by
coworkers, and statements from civilians who recognize that the member is a good
worker, or is capable of improving his or her work with support. A psychiatric statement
indicating that performance problems are the result of serious depression, or a statement
from someone who overheard the division officer swear to “get that nigger out of here”
may be needed. (See Chapter 6, Grievances and Filing Complaints.)
Page 6
Reservists
Reservists can be discharged if declared unsatisfactory participants and are considered to
have no potential for useful service under conditions of full mobilization. (See Chapter
17, Reservist Unsatisfactory Participation.)
More on Ch. 13 discharge..
This is the html version of the file http://www.objector.org/helpingout/Helpingoutchapters/13_Unsat_Perf.pdf.
G o o g l e automatically generates html versions of documents as we crawl the web.
To link to or bookmark this page, use the following url: http://www.google.com/search?q=cache:4FJAYSjZLukJ:www.objector.org/helpingout/Helpingoutchapters/13_Unsat_Perf.pdf+chapter+13+discharge+from+the+army&hl=en&gl=us&ct=clnk&cd=1
Google is neither affiliated with the authors of this page nor responsible for its content.
These search terms have been highlighted: chapter 13 discharge army
Page 1
Chapter 13 - Unsatisfactory Performance
A servicemember may be talented and intelligent, but performing poorly because he or
she can not adapt to military life. Each Service has its own guidelines for factors that
constitute unsatisfactory performance, including:
Ω Failure to perform assigned duties properly.
Ω A progressively downward trend in performance ratings.
Ω Failure to demonstrate leadership potential.
There can be a fine line between unsatisfactory performance (which results in a General
(under Honorable Conditions) or Honorable characterization) and misconduct (which will
likely be characterized as Under Other Than Honorable Conditions). Unsatisfactory
performance is more likely where it can be shown that performance problems are not
intentional or the fault of the member. Members in entry level status will be processed for
entry level performance and conduct. (See Chapter 7, Entry Level Performance and
Conduct.)
The provisions of this involuntary discharge are vague, leaving to a commander’s
discretion whether or not to discharge a servicemember. DoD Directive 1332.14 does not
give specific guidance for defining unsatisfactory performance — commanders are
referred to the general separation guidelines (which are covered more completely in
Chapter 3, Understanding the Discharge Process) for the factors that may be considered
on the issue of retention or separation.
Factors to be considered include:
Ω “The seriousness of the circumstances forming the basis for initiation of separation
proceedings, and the effect of the member’s continued retention on military
discipline, good order, and morale.”
Ω “The likelihood of continuation or recurrence of the circumstances forming the basis
for initiation of separation proceedings.”
Ω “The likelihood that the member will be a disruptive or undesirable influence in
present or future duty assignments.”
Ω “The ability of the member to perform duties effectively in the present and in the
future, including potential for advancement or leadership.”
Ω “The member’s rehabilitative potential.”
Ω “The member’s entire military record.”
Criteria
Army
Commanders will separate a member for unsatisfactory performance when it is clearly
established that:
Page 2
Ω “In the commander’s judgment, the member will not develop sufficiently to
participate satisfactorily in further training and/or become a satisfactory soldier,” or
Ω “The seriousness of the circumstances is such that the member’s retention would have
an adverse impact on military discipline, good order, and morale,” and
Ω “It is likely that the member will be a disruptive influence in present or future duty
assignments,” and
Ω “It is likely that the circumstances forming the basis for initiation of separation
proceedings will continue or recur,” and
Ω “The ability of the member to perform duties effectively in the future, including
potential for advancement or leadership, is unlikely,” and
Ω “The member meets retention medical standards….”
Navy
The Navy requires that unsatisfactory performance be demonstrated by:
Ω “[T]wo or more enlisted performance evaluations, either regular or special, with
unsatisfactory marks for professional expertise and/or military bearing/character (or
combination thereof) of 1.0”; or
Ω Violation of a “counseling/warning which specifically addresses the member's
unsatisfactory performance….”
Marine Corps
The Marine Corps characterizes unsatisfactory performance as:
Ω “Performance of assigned tasks and duties in a manner that is not contributory to unit
readiness and/or mission accomplishment, as documented in the service record;” or,
Ω “Failure to maintain required proficiency in grade, as demonstrated by below average
numerical scores or adverse fitness report markings or comments accumulated in the
Enlisted Performance Evaluation System.”
Marines may be separated for unsatisfactory performance for the following reasons:
Ω “Unsanitary Habits…[which] includes, but is not limited to the repeated occurrence
of venereal disease infections during the Marine’s current enlistment or period of
service.”
Ω “Unsatisfactory Performance of Duties [as defined above].”
Air Force
Air Force servicemember’s are subject to discharge for unsatisfactory performance based
on documented failure to meet Air Force standards. Commanders must weigh conduct,
military deportment, and duty performance against those of like grade, age, and length of
service. While unsatisfactory performance “may be due to one flaw, it is shown as a rule,
in more than one way.” One or more of the following may be used as the basis for
discharge:
Page 3
Ω “Failure to perform assigned duties properly.”
Ω “A progressively downward trend in performance ratings.”
Ω “Failure to demonstrate the qualities of leadership required by the member’s grade.”
Ω “Failure to maintain standards of dress and appearance (other than weight and fitness)
or military deportment.”
Ω “Failure to progress in on-the-job training.”
Ω “Irresponsibility in the management of personal finances.”
Ω “Unsanitary habits such as repeated infection of venereal disease, persistent refusal to
bathe, and similar refusal to observe personal hygiene.”
Ω “Failure to meet minimum fitness standards.”
Counseling
There are no specific provisions for members to request discharge for unsatisfactory
performance because a member has no “right” to this involuntary discharge. From the
point of view of the command, unsatisfactory performance is an appropriate or useful
basis for discharge when it benefits unit readiness and discipline, not when a member
desires it. Because of the discretion the regulations give commanders, the command’s
underlying attitude or situation may be more important than the member’s actual
performance.
The member will need to show difficulties in handling his or her work due to inability,
not intentionally bad performance. Warn against intentionally messing up in order to get
out. Obstinate refusal to do work, or conduct that appears as shirking, may result in
nonjudicial punishment, which can lead to a discharge for misconduct.
Documentation
The member’s military record may provide all of the documentation necessary for this
discharge. Additional documentation to show inability, as opposed to intentionally bad
performance, can include:
Ω a psychiatric evaluation (by both a military and civilian psychologist, if possible),
Ω a letter from a clergy member, family counselor, or other professional whom the
member has consulted.
If the member has always had trouble performing up to par, even before entering the
military, low Armed Forces Qualifying Test scores, low high school grades, or a poor
record from a job held prior to joining the military can document that the member’s
problems are likely to continue and unlikely to improve.
Approaching the Command
Under most circumstances, it is useless or even harmful for the member to make a direct
request for discharge under this section. In some cases, the request will get no response at
Page 4
all; in others, it will convince the command that the member is intentionally performing
poorly.
To approach the command, a request mast or other meeting with the commanding officer
may give the member an opportunity to talk about difficulties in his or her work without
reference to discharge. Intermediate officers can sometimes be similarly approached,
causing them to raise the matter with the commander.
In some cases it may be effective for a counselor to raise the issue of discharge. It is most
useful to discuss discharge in terms of the command’s need for a level of efficiency and
readiness — which the member is simply unable to provide — rather than primarily
address the needs of the member. A friendly chaplain or medical officer might raise the
matter directly with the commanding officer. Clergy and other civilians can also make the
request, preferably after they have talked with the counselor about the discharge and the
command. A concerned family member might also communicate with the command.
Official Process
Before any discharge processing can begin, the command must follow the standard
counseling procedure and provide an opportunity for rehabilitation to the member. (See
Chapter 3, Understanding the Discharge Process, under “Official Process” on page 3.7.)
It may be difficult for the member to avoid getting into trouble with the command by not
heeding the commander’s suggestions for improvement, or not cooperating with
whatever corrective action is taken. It is important to make clear to the command that the
inability to heed warnings and benefit from counseling is not a matter of intentional
shirking, but rather due to inability, inaptitude, or other problems.
Once the commanding officer makes a discharge recommendation the separation
authority will normally concur. However, the separation authority is less likely to concur
if:
Ω The record is particularly weak.
Ω There are other factors present which preclude this discharge (such as serious drug or
alcohol dependence requiring rehabilitation, or a medical disability).
Ω The command has failed to counsel the member or process the paperwork properly.
Notification
The command must follow the standard notification procedure to give notice of discharge
proceedings to the member. (See Chapter 3, Understanding the Discharge Process, under
“Notification” on page 3.7.)
Page 5
Type of Separation
Discharge for unsatisfactory performance will be either Honorable or General (under
Honorable Conditions). Rather than receiving a complete discharge from the military, the
member may be transferred (or “separated”) to the Individual Ready Reserve.
Appeals
Fighting Separation
A military servicemember may wish to challenge an unsatisfactory performance
discharge, either to remain in the military or to obtain a different discharge.
Unfortunately, a member whose poor work performance is the result of a personality
disorder, a concern for a family hardship, or even developing beliefs of conscientious
objection, will have little protection under the regulations. In fact, the regulations
encourage commands and separation authorities to use performance-related discharges
even if personal problems are involved. The Army regulation notes that the provision
applies to members who are pregnant, if their “substandard duty performance is not
caused solely by pregnancy”!
Unsatisfactory performance may result from physical, emotional, or other problems
which the command has ignored until they showed up in the member’s work. For
example, a member who has been improperly told that she or he cannot apply for
conscientious objection discharge will probably develop work-related problems. A
member whose serious depression has been diagnosed, but whose command refuses to
allow treatment, will probably not work well. A member who has tried unsuccessfully to
request drug rehabilitation treatment may not handle her or his job well.
Discrimination — based on race, sex, religion, sexual orientation, or some other reason
— can affect evaluations of performance and result in lower fitness reports, failure to
document achievements, and disproportionate disciplinary action. It is also not unheard
of for superiors to influence or change work evaluations, or to harass a member until his
or her work is affected.
Discharge may be recommended because the command wants to get rid of the member
for some other reason. Where the separation authority has rejected a recommendation for
another discharge, or where the command suspects the member of homosexual conduct,
drug use, etc. but cannot prove anything, unsatisfactory performance may offer a
convenient alternative.
Documentation will be needed to challenge a discharge for unsatisfactory performance.
Include positive recommendations or evaluations by superiors, supportive statements by
coworkers, and statements from civilians who recognize that the member is a good
worker, or is capable of improving his or her work with support. A psychiatric statement
indicating that performance problems are the result of serious depression, or a statement
from someone who overheard the division officer swear to “get that nigger out of here”
may be needed. (See Chapter 6, Grievances and Filing Complaints.)
Page 6
Reservists
Reservists can be discharged if declared unsatisfactory participants and are considered to
have no potential for useful service under conditions of full mobilization. (See Chapter
17, Reservist Unsatisfactory Participation.)
This is the html version of the file http://www.objector.org/helpingout/Helpingoutchapters/13_Unsat_Perf.pdf.
G o o g l e automatically generates html versions of documents as we crawl the web.
To link to or bookmark this page, use the following url: http://www.google.com/search?q=cache:4FJAYSjZLukJ:www.objector.org/helpingout/Helpingoutchapters/13_Unsat_Perf.pdf+chapter+13+discharge+from+the+army&hl=en&gl=us&ct=clnk&cd=1
Google is neither affiliated with the authors of this page nor responsible for its content.
These search terms have been highlighted: chapter 13 discharge army
Page 1
Chapter 13 - Unsatisfactory Performance
A servicemember may be talented and intelligent, but performing poorly because he or
she can not adapt to military life. Each Service has its own guidelines for factors that
constitute unsatisfactory performance, including:
Ω Failure to perform assigned duties properly.
Ω A progressively downward trend in performance ratings.
Ω Failure to demonstrate leadership potential.
There can be a fine line between unsatisfactory performance (which results in a General
(under Honorable Conditions) or Honorable characterization) and misconduct (which will
likely be characterized as Under Other Than Honorable Conditions). Unsatisfactory
performance is more likely where it can be shown that performance problems are not
intentional or the fault of the member. Members in entry level status will be processed for
entry level performance and conduct. (See Chapter 7, Entry Level Performance and
Conduct.)
The provisions of this involuntary discharge are vague, leaving to a commander’s
discretion whether or not to discharge a servicemember. DoD Directive 1332.14 does not
give specific guidance for defining unsatisfactory performance — commanders are
referred to the general separation guidelines (which are covered more completely in
Chapter 3, Understanding the Discharge Process) for the factors that may be considered
on the issue of retention or separation.
Factors to be considered include:
Ω “The seriousness of the circumstances forming the basis for initiation of separation
proceedings, and the effect of the member’s continued retention on military
discipline, good order, and morale.”
Ω “The likelihood of continuation or recurrence of the circumstances forming the basis
for initiation of separation proceedings.”
Ω “The likelihood that the member will be a disruptive or undesirable influence in
present or future duty assignments.”
Ω “The ability of the member to perform duties effectively in the present and in the
future, including potential for advancement or leadership.”
Ω “The member’s rehabilitative potential.”
Ω “The member’s entire military record.”
Criteria
Army
Commanders will separate a member for unsatisfactory performance when it is clearly
established that:
Page 2
Ω “In the commander’s judgment, the member will not develop sufficiently to
participate satisfactorily in further training and/or become a satisfactory soldier,” or
Ω “The seriousness of the circumstances is such that the member’s retention would have
an adverse impact on military discipline, good order, and morale,” and
Ω “It is likely that the member will be a disruptive influence in present or future duty
assignments,” and
Ω “It is likely that the circumstances forming the basis for initiation of separation
proceedings will continue or recur,” and
Ω “The ability of the member to perform duties effectively in the future, including
potential for advancement or leadership, is unlikely,” and
Ω “The member meets retention medical standards….”
Navy
The Navy requires that unsatisfactory performance be demonstrated by:
Ω “[T]wo or more enlisted performance evaluations, either regular or special, with
unsatisfactory marks for professional expertise and/or military bearing/character (or
combination thereof) of 1.0”; or
Ω Violation of a “counseling/warning which specifically addresses the member's
unsatisfactory performance….”
Marine Corps
The Marine Corps characterizes unsatisfactory performance as:
Ω “Performance of assigned tasks and duties in a manner that is not contributory to unit
readiness and/or mission accomplishment, as documented in the service record;” or,
Ω “Failure to maintain required proficiency in grade, as demonstrated by below average
numerical scores or adverse fitness report markings or comments accumulated in the
Enlisted Performance Evaluation System.”
Marines may be separated for unsatisfactory performance for the following reasons:
Ω “Unsanitary Habits…[which] includes, but is not limited to the repeated occurrence
of venereal disease infections during the Marine’s current enlistment or period of
service.”
Ω “Unsatisfactory Performance of Duties [as defined above].”
Air Force
Air Force servicemember’s are subject to discharge for unsatisfactory performance based
on documented failure to meet Air Force standards. Commanders must weigh conduct,
military deportment, and duty performance against those of like grade, age, and length of
service. While unsatisfactory performance “may be due to one flaw, it is shown as a rule,
in more than one way.” One or more of the following may be used as the basis for
discharge:
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Ω “Failure to perform assigned duties properly.”
Ω “A progressively downward trend in performance ratings.”
Ω “Failure to demonstrate the qualities of leadership required by the member’s grade.”
Ω “Failure to maintain standards of dress and appearance (other than weight and fitness)
or military deportment.”
Ω “Failure to progress in on-the-job training.”
Ω “Irresponsibility in the management of personal finances.”
Ω “Unsanitary habits such as repeated infection of venereal disease, persistent refusal to
bathe, and similar refusal to observe personal hygiene.”
Ω “Failure to meet minimum fitness standards.”
Counseling
There are no specific provisions for members to request discharge for unsatisfactory
performance because a member has no “right” to this involuntary discharge. From the
point of view of the command, unsatisfactory performance is an appropriate or useful
basis for discharge when it benefits unit readiness and discipline, not when a member
desires it. Because of the discretion the regulations give commanders, the command’s
underlying attitude or situation may be more important than the member’s actual
performance.
The member will need to show difficulties in handling his or her work due to inability,
not intentionally bad performance. Warn against intentionally messing up in order to get
out. Obstinate refusal to do work, or conduct that appears as shirking, may result in
nonjudicial punishment, which can lead to a discharge for misconduct.
Documentation
The member’s military record may provide all of the documentation necessary for this
discharge. Additional documentation to show inability, as opposed to intentionally bad
performance, can include:
Ω a psychiatric evaluation (by both a military and civilian psychologist, if possible),
Ω a letter from a clergy member, family counselor, or other professional whom the
member has consulted.
If the member has always had trouble performing up to par, even before entering the
military, low Armed Forces Qualifying Test scores, low high school grades, or a poor
record from a job held prior to joining the military can document that the member’s
problems are likely to continue and unlikely to improve.
Approaching the Command
Under most circumstances, it is useless or even harmful for the member to make a direct
request for discharge under this section. In some cases, the request will get no response at
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all; in others, it will convince the command that the member is intentionally performing
poorly.
To approach the command, a request mast or other meeting with the commanding officer
may give the member an opportunity to talk about difficulties in his or her work without
reference to discharge. Intermediate officers can sometimes be similarly approached,
causing them to raise the matter with the commander.
In some cases it may be effective for a counselor to raise the issue of discharge. It is most
useful to discuss discharge in terms of the command’s need for a level of efficiency and
readiness — which the member is simply unable to provide — rather than primarily
address the needs of the member. A friendly chaplain or medical officer might raise the
matter directly with the commanding officer. Clergy and other civilians can also make the
request, preferably after they have talked with the counselor about the discharge and the
command. A concerned family member might also communicate with the command.
Official Process
Before any discharge processing can begin, the command must follow the standard
counseling procedure and provide an opportunity for rehabilitation to the member. (See
Chapter 3, Understanding the Discharge Process, under “Official Process” on page 3.7.)
It may be difficult for the member to avoid getting into trouble with the command by not
heeding the commander’s suggestions for improvement, or not cooperating with
whatever corrective action is taken. It is important to make clear to the command that the
inability to heed warnings and benefit from counseling is not a matter of intentional
shirking, but rather due to inability, inaptitude, or other problems.
Once the commanding officer makes a discharge recommendation the separation
authority will normally concur. However, the separation authority is less likely to concur
if:
Ω The record is particularly weak.
Ω There are other factors present which preclude this discharge (such as serious drug or
alcohol dependence requiring rehabilitation, or a medical disability).
Ω The command has failed to counsel the member or process the paperwork properly.
Notification
The command must follow the standard notification procedure to give notice of discharge
proceedings to the member. (See Chapter 3, Understanding the Discharge Process, under
“Notification” on page 3.7.)
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Type of Separation
Discharge for unsatisfactory performance will be either Honorable or General (under
Honorable Conditions). Rather than receiving a complete discharge from the military, the
member may be transferred (or “separated”) to the Individual Ready Reserve.
Appeals
Fighting Separation
A military servicemember may wish to challenge an unsatisfactory performance
discharge, either to remain in the military or to obtain a different discharge.
Unfortunately, a member whose poor work performance is the result of a personality
disorder, a concern for a family hardship, or even developing beliefs of conscientious
objection, will have little protection under the regulations. In fact, the regulations
encourage commands and separation authorities to use performance-related discharges
even if personal problems are involved. The Army regulation notes that the provision
applies to members who are pregnant, if their “substandard duty performance is not
caused solely by pregnancy”!
Unsatisfactory performance may result from physical, emotional, or other problems
which the command has ignored until they showed up in the member’s work. For
example, a member who has been improperly told that she or he cannot apply for
conscientious objection discharge will probably develop work-related problems. A
member whose serious depression has been diagnosed, but whose command refuses to
allow treatment, will probably not work well. A member who has tried unsuccessfully to
request drug rehabilitation treatment may not handle her or his job well.
Discrimination — based on race, sex, religion, sexual orientation, or some other reason
— can affect evaluations of performance and result in lower fitness reports, failure to
document achievements, and disproportionate disciplinary action. It is also not unheard
of for superiors to influence or change work evaluations, or to harass a member until his
or her work is affected.
Discharge may be recommended because the command wants to get rid of the member
for some other reason. Where the separation authority has rejected a recommendation for
another discharge, or where the command suspects the member of homosexual conduct,
drug use, etc. but cannot prove anything, unsatisfactory performance may offer a
convenient alternative.
Documentation will be needed to challenge a discharge for unsatisfactory performance.
Include positive recommendations or evaluations by superiors, supportive statements by
coworkers, and statements from civilians who recognize that the member is a good
worker, or is capable of improving his or her work with support. A psychiatric statement
indicating that performance problems are the result of serious depression, or a statement
from someone who overheard the division officer swear to “get that nigger out of here”
may be needed. (See Chapter 6, Grievances and Filing Complaints.)
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Reservists
Reservists can be discharged if declared unsatisfactory participants and are considered to
have no potential for useful service under conditions of full mobilization. (See Chapter
17, Reservist Unsatisfactory Participation.)
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