The Army Reserve and National Guard "Enlisted Administrative Separations"
regulation has an important feature that is important to remember in misconduct cases.
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.