PRESCRIBING REGULATIONS GOVERNING THE DISCHARGE OR SEPARATION BY ADMINISTRATIVE ACTION OF OFFICERS

Case Overview and Summary

Summary of Executive Order No. 475

Discharge or Separation from the Service
- Officers of the Regular Force and Reserve Officers on extended active duty for 6 months or more shall be discharged or separated only upon the President's approval. (Section 1)
- Grounds for discharge or separation: (Section 2)
    a. Misconduct warranting discharge or separation
    b. Unsatisfactory qualifications and efficiency
    c. Mandatory elimination under Republic Act No. 291
- Officers discharged or separated for reasons other than misconduct, willful failure, intemperate use of drugs or alcohol, or vicious or immoral habits shall be entitled to gratuity, pension, separation pay, or retirement benefits as authorized by law. (Section 3)

The AFP Efficiency and Separation Board
- Established to expeditiously pass upon the discharge or separation of officers on the specified grounds. (Section 4a)
- Composition: (Section 5)
    a. Six voting members appointed by the Secretary of National Defense, one from each Major Service, one from GHQ or AFP Wide Units, and one from the Judge Advocate General's Service
    b. A counsel designated by the Chief of Staff, AFP to assist the Board
    c. Ineligible members: Chief of Staff, Vice Chief of Staff, Deputy Chiefs of Staff of AFP and Major Services
    d. Members shall serve for 2 years, with a maximum of 2 consecutive terms
    e. The Board shall act with utmost dispatch, adopting summary proceedings consistent with administrative due process
    f. Proceedings and decisions are confidential, requiring a majority vote
    g. An administrative assistant designated by the Chief of Staff, AFP shall serve as Secretary
- Criteria for determining an officer's suitability for retention, considering proficiency, experience, accomplishments, attitude, ability, character, and general value to the service. (Section 6)
- Procedures: (Section 7)
    a. The officer shall be notified and permitted counsel
    b. The officer shall have the right to appear before the Board and present facts, arguments, or witnesses
    c. The officer shall be informed of all evidence, charges, and reports against him and given the opportunity to refute them
- Recommendations and review process: (Section 8)
    a. The Board shall recommend retention or separation
    b. Recommendations for separation or non-concurred retention shall be forwarded to the President through the Secretary of National Defense for final decision
    c. Recommendations for retention concurred by the Chief of Staff, AFP shall be considered closed
    d. The Chief of Staff, AFP may remand a case to the Board for further action or proceedings
    e. The investigation report shall specify the grounds for separation and other pertinent matters
    f. If separation is not due to misconduct, willful failure, intemperate use of drugs or alcohol, or vicious or immoral habits, and the officer is eligible for retirement, the Board shall recommend retirement under Republic Act No. 340

Miscellaneous
- The Secretary of National Defense shall promulgate necessary rules and regulations to carry out the purpose and intent of this Order. (Section 9)
- Executive Order No. 302, s-58, as amended by Executive Order No. 209, s-70, is rescinded. Pending cases shall be transferred to the AFP Efficiency and Separation Board. (Section 10)