The Army Reserve and National Guard “Enlisted Administrative Separations” regulation has an important feature that is important to remember in misconduct cases.
ARMY RESERVE SEPARATION REGULATION
Army Regulation 135-178 paragraph 2-5 permits the separation authority to suspend separation actions for highly deserving Soldiers. The suspension / probationary period is for 12 months. If the Soldier stays out of further trouble, the separation is remitted.Section II
Suspension of Separation
2–5. Suspension
a. In order to afford a highly deserving Soldier a probationary period to demonstrate successful rehabilitation prior to the expiration of the Soldier’s service obligation, the separation authority or higher authority may suspend execution of an approved separation for a period not to exceed 12 months. However:(1) Suspension of a discharge is not authorized in a case where there is an approved finding that one or more of the circumstances authorizing discharge for homosexual conduct under paragraph 10-3 has occurred, or when the sole reason for separation is fraudulent entry; or(2) When there are approved reasons for separation in addition to fraudulent entry, the suspension may be authorized only when the additional reason is not homosexual conduct, a waiver of the fraudulent entry is obtained, and the suspension pertains to reasons for separation other than the fraudulent entry.b. During the period of suspension, the Soldier will be afforded an opportunity to demonstrate the capability of behaving properly and performing assigned duties efficiently under varying conditions.c. On satisfactory completion of the probationary period, or earlier, if rehabilitation has been achieved, or at the end of the Soldier’s period of obligated service, the authority that suspended the separation will remit execution of the approved separation.