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Understanding Miscellaneous Disciplinary Actions

In the military, disciplinary actions are not limited to courts-martial or nonjudicial punishment. There are various other administrative actions that can have significant impacts on a service member's career. These actions include officer grade determinations, referral performance reports, proprietary promotion actions, denials of religious accommodation requests, and security clearance suspensions or revocations.

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1. Officer Grade Determinations (OGDs):
    

   • Purpose: An Officer Grade Determination is used to evaluate the highest grade at which an officer has served satisfactorily when they are being considered for retirement. This action can result in an officer being retired at a lower rank than they held at the time of retirement.
      

   • Consequences: Being retired at a lower grade can significantly reduce retirement pay and affect post-military career opportunities.
      

2. Referral Performance Reports:
    

   • Purpose: Referral performance reports are negative evaluations that are formally referred to the service member for acknowledgment and response. These reports are usually issued when a service member’s performance is unsatisfactory or when they have committed misconduct.
      

   • Consequences: A referral performance report can hinder promotions, affect future assignments, and remain a negative mark on the service member’s permanent record.
      

3. Proprietary Promotion Actions:
    

   • Purpose: Proprietary promotion actions are taken when a service member is not selected for promotion due to adverse information or pending investigations. This can include being placed on a promotion hold or being removed from a promotion list.
      

   • Consequences: Failure to promote can halt a service member's career progression, potentially leading to separation from the service if promotion is mandatory for continued service.
      

4. Religious Accommodation Request Denials:
    

   • Purpose: Service members may request accommodations for religious practices, such as wearing religious attire or observing religious holidays. If denied, the service member may have to choose between compliance with military regulations and their religious practices.
      

   • Consequences: Denial of a religious accommodation request can lead to conflicts between a service member’s duties and their religious beliefs, possibly resulting in disciplinary action if the service member chooses to follow their religious practices against military regulations.
      

5. Security Clearance Suspensions or Revocations:
    

   • Purpose: A security clearance can be suspended or revoked if there are concerns about a service member’s trustworthiness, reliability, or loyalty. This often occurs due to financial issues, criminal conduct, or other security concerns.
      

   • Consequences: Losing a security clearance can disqualify a service member from performing certain duties or holding certain positions, potentially leading to reassignment, demotion, or separation from the service.
      

Procedural Requirements by Service

• Army: The Army follows specific regulations such as AR 600-8-24 for officer grade determinations, AR 623-3 for evaluation reporting, and AR 380-67 for security clearances. Each action has its own procedural requirements, including the right to respond or appeal.
   

• Air Force: The Air Force uses AFI 36-2406 for performance evaluations, AFI 36-2501 for promotions, and AFI 31-501 for security clearances. Procedures for referral reports, promotion holds, and clearance actions must be strictly followed to ensure fairness.
   

• Navy and Marine Corps: The Navy and Marine Corps follow the Manual of the Judge Advocate General (JAGMAN) and other service-specific instructions for handling miscellaneous disciplinary actions. These include procedures for officer grade determinations, performance evaluations, and security clearance issues.
   

Potential Consequences of Administrative Paperwork

• Career Impact: Negative administrative actions, such as referral performance reports or promotion holds, can stall a service member’s career, affecting promotions and future assignments.
   

• Financial Impact: Officer grade determinations can reduce retirement pay, and loss of security clearance can lead to reassignment or separation, both of which may have significant financial consequences.
   

• Personal Impact: Denial of religious accommodation requests or the stress of an adverse administrative action can affect a service member’s well-being and overall satisfaction with military service.
   

Experience Matters

Miscellaneous disciplinary actions in the military can have far-reaching consequences on a service member’s career and personal life. Understanding these actions, the procedures involved, and the potential outcomes is crucial for any service member facing them.

 

If you or someone you know is dealing with a disciplinary action in the military, Caruço Law is here to provide the guidance and representation needed to navigate these challenges.