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TITLE: DoD Instruction 1332.40, "Separation Procedures for Regular and Reserve Commissioned Officers", 09/16/1997

SUMMARY: This Instruction implements DoD Directive 1332.30, March 14, 1997. Implements Chapter 60 of  Title 10, United States Code to implement policy, assign responsibilities, and prescribe procedures governing the administrative separation of Regular commissioned officers for substandard performance of duty, for an act or acts of misconduct or moral or professional dereliction, or in the interest of national security. Implements Section 630 of reference Title 10, Untied States Code to implement policy, assign responsibilities and prescribe procedures governing the administrative discharge of regular commissioned officers with less than 5 years of active commissioned service in certain circumstances. Implements Chapter 1411 of reference Title 10, United States Code to implement policy, assign responsibilities and prescribe procedures governing the administrative separation or Reserve commissioned officers for substandard performance of duty; for an act or acts of misconduct or moral or professional dereliction; or in the interest of national security. Implements Section 14503 of   Title 10, United States Code to implements policy, assign responsibilities and prescribe procedures governing the administrative discharge of commissioned officers with less than 5 years service in an active status in certain circumstance. Implements Sections 1167 and 12687 of 10 U.S.C. to separate military officers under confinement by sentence of court-martial after the sentence to confinement has become final under Chapter 47 of reference Title 10, United States Code and the officers has served in confinement for a period of six months.

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