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COALITION MILITARY ASSISTANCE TRAINING TEAM — Involuntary Separation of Iraqi Armed Forces Personnel — 1 آب 2003 Arabic

Date
1 August 2003
Category
Military Training
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COALITION MILITARY ASSISTANCE TRAINING TEAM Ministry of National Security and Defense Coalition Provisional Authority Baghdad, Iraq CMATT-CG MEMORANDUM FOR Commanders, Iraqi Armed Forces SUBJECT: Involuntary Separation of Iraqi Armed Forces Personnel 1. References: (a). Coalition Provisional Authority Order number 22, 1 August 2003, subject: Creation of a New Iraqi Army. (b). Coalition Provisional Authority Order number 23, 1 August 2003, subject: Creation of a Code of Military Discipline for the New Iraqi Army. 2. Purpose: This memorandum establishes policies and procedures for processing Iraqi Armed Forces (IAF) personnel for involuntary separation who have been determined to be unsuitable for continued service. 3. Applicability: This policy applies to all military service members serving in the IAF, and will be used to standardize operating procedures for assigned military personnel. 4. General: The Coalition Military Assistance Training Team has made a substantial investment in training, time, equipment, and related expenses in accessing IAF members into military service. Separation prior to completion of an obligated period is wasteful because it results in the loss of this investment, and generates a requirement for increased accessions. Therefore, reasonable efforts will be made to identify soldiers who exhibit a likelihood for early separation and to improve their chances for retention through counseling, retraining, and rehabilitation prior to initiation of separation proceedings. 5. Separation Authority: Commanding General, Coalition Military Assistance Training Team retains the authority to separate members of the IAF for unsuitability. 6. The enclosed separation processing procedures will be used when recommending personnel for separation processing. 7. This policy will expire 30 June 2004, unless sooner rescinded or extended by proper authority. Encl PAUL D. EATON as MG, USA Commanding IRAQI ARMED FORCES SEPARATION PROCESSING PROCEDURES 1-1. GENERAL: A substantial investment has been made in training persons enlisted or inducted into the Iraqi Armed Forces; therefore, this general guidance will be considered when initiating separation actions. (a). Unless separation is mandatory, the potential for rehabilitation and further useful military service will be considered by the commander. (b). Adequate counseling and rehabilitation measures will be taken before initiating separation action against a soldier when the reason for separation so specifies. (c). When deciding retention or separation in a case, the following factors should be considered: (1). The seriousness of the events or conditions that form the basis for initiation of separation proceedings. Also consider the effect of the soldier’s continued retention on military discipline, good order, and morale. (2). The likelihood that the events or conditions that led to separation proceedings will continue or recur. (3). The likelihood that the soldier will be a disruptive or undesirable influence in present or future duty assignments. (4). The soldier’s ability to perform duties effectively now and in the future, including potential for advancement or leadership. (5). The soldier’s rehabilitative potential. (6). The soldier’s entire military record, including— ( a ) Past contributions to the IAF, assignments, awards and decorations, evaluations, and letters of commendation. (b). Memoranda of reprimand or admonition, counseling records, or involvement with civilian authorities. (c). Adverse information from former Iraqi military service only when such information would have a direct and strong probative value in determining whether separation is appropriate. IRAQI ARMED FORCES SEPARATION PROCESSING PROCEDURES 1-2. SEPARATION PROCESSING: The following processing procedures will be followed when initiating separation proceedings: (a). Immediate commander: (1). Counsel the member and advise them of the reason(s) the separation action is being initiated (see enclosed notification memorandum). (2). Provide the member with an opportunity to appeal the separation action. (3). Ensure the member is not pending any adverse actions (military or civilian). Members pending adverse actions by military or civilian authorities will not be separated until a final determination has been made in that ase. (4). Forward the request with supporting documentation through the chain of command to C1 for processing. (5). Commander will ensure the soldier is provided with a complete copy of the separation recommendation. (b). Chain of Command: The chain of command will review the separation request and provide a recommendation, and forward to C1 for processing. (b). C1 will review the separation action for accuracy and forward to the Commanding General, Coalition Military Assistance Training Team (CMATT), for review and approval or disapproval. (c). CG CMATT will review the recommendation for separation and approve or disapprove the request. Disapproved requests will be returned without action. Approved requests will be returned to C1 and processed as follows: (d). C1 will: (1). Publish a discharge order and forward through the chain of command to the losing commander for separation processing. (2). Discharge orders will cite the reason for the discharge. (3). IAF members will be separated at their current grade, unless otherwise directed by the separation authority. (2). The effective date of discharge will be coordinated with the soldier’s immediate commander. (3). Update the personnel database to reflect the soldier’s change in status. (4). Update the TDA to identify a backfill for the members position. (e). Unit commanders will: (1). Ensure all assigned equipment is returned, and secure the members NIA card prior to releasing them from active duty. (2). Process any final pay and allowances due to the service member. SAMPLE FORMAT (letterhead) MEMORANDUM FOR ( Soldier’s name, NIA number, grade, unit) SUBJECT: Notification of Separation for Unsuitability 1. This is to inform you, that I am initiating action to separate you from the Iraqi Armed Forces for (indicate narrative reason). The reasons for my proposed action are (state specific factual details that constitute the basis for the proposed action). 2. If my recommendation is approved, you will be separated from service and ineligible for future service in the Iraqi Armed Forces, Iraqi Civil Defense Corp, Iraqi Police Service, and the Facilities Protection Service. 3. You have the right to consult with consulting counsel and /or civilian counsel at your own expense and within a reasonable time (allow at least 3 duty days). 4. You have the right to submit statements on your behalf. These statements must be received by (allow at least 3 duty days) and will be included with your separation action. 5. If approved, you will be required to undergo a complete physical examination prior to being released from active duty. Authority Line: Commander’s Name Grade, IAF Title MEMORANDUM FOR Commander, Unit Name SUBJECT: Acknowledgement of Notification of Separation Proceedings 1. This is to certify that I acknowledge the separation action against me and elect the following: ___ (a). I elect not to make a statement on my behalf, and request to be separated from the Iraqi Armed Forces upon approval from the separation authority. ___(b). I elect to provide the enclosed statement on my behalf, and request to be retained in the Iraqi Armed Forces. ___(c). I elect to consult with legal counsel regarding to proposed separation action. I further understand that I will be responsible for any expenses incurred in connection with consulting with civilian counsel. 2. I further understand the following: ____(a). If involuntarily separated from the Iraqi Armed Forces, I will be ineligible for future service with the Iraqi Armed Forces, Iraqi Civil Defense Corp, Iraqi Police Service, or the Facilities Protection Service. ____(b). I must undergo a complete physical examination prior to being released from the Iraqi Armed Forces. ____(c). I must surrender my NIA card, and all assigned equipment to my unit commander. ____(d). Any pay and allowance due to the Iraqi Army Forces must be paid prior to my separation. Soldier’s name Rank, NIA number. COALITION MILITARY ASSISTANCE TRAINING TEAM MINISTRY OF SECURITY AND NATIONAL DEFENSE COALITION PROVISIONAL AUTHORITY BAGHDAD, IRAQ ORDER 67-01 7 MARCH 2004 ALI HUSSEIN KADHUM ABID HQ, 4TH BATTALION PFC, 2112520030369 AL KASIK, IRAQ IRAQI ARMED FORCES YOU ARE RELEASED FROM CUSTODY AND CONTROL OF THE IRAQI ARMED FORCES ON THE EFFECTIVE DATE INDICATED: EFFECTIVE DATE: 7 MARCH 2004 ADDITIONAL INSTRUCTIONS: NA AUTHORITY: COALITION PROVISIONAL ORDER NUMBER 22, 7 AUGUST 2003. FOR THE COMMANDER: JOHN W. WHITE LTC, USAF CHIEF, PERSONNEL DISTRIBUTION: INDIVIDUAL SOLDIER UNIT COMMANDER C1, PERSONNEL DIVISION