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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF NATIONAL DEFENSE
GENERAL HEADQUARTERS ARMED FORCES OF THE PHILIPPINES
Camp General Emilio Aguinaldo, Quezon City

AFPRB/AGA1 02 October 1987

CIRCULAR
NUMBER 17

ADMINISTRATIVE DISCHARGE PRIOR TO

EXPIRATION OF TERM OF ENLISTMENT

1. PURPOSE. – This Circular prescribes the policies and standards and

establishes procedures and guidance whereby the Chief of Staff, AFP; Commanders
of Major Services and other Commanders acting for and by direction of the Chief of
Staff, AFP, may order the discharge of enlisted personnel prior to the expiration of
their term of enlistment under AW 109.

2. DISCHARGE AUTHORITY. -

a. The following Commanders may order the discharge of

enlisted personnel assigned to their respective commands in accordance with the
specific reasons, standards and procedures set forth in this Circular:

(1) Chief of Staff, AFP

(2) Chief of Constabulary
(3) Commanding General, PA
(4) Commanding General, PAF
(5) Flag Officer-In-Command, PN
(6) Commanders, Regional Unified/Specified Commands
(7) Division, Battalion and Brigade Commanders, PA
(8) Commandant, Philippine Marines
(9) Regional Commanders, PC
(10) Commanders, AFPWSSUs whose T/O rank is BGEN
or higher.
(11) Other Unit Commanders whose staff include a Staff
Judge Advocate

b. Whenever used in this Circular, the term “discharge authority”

refers to the appropriate commanders mentioned above.

3. OBJECTIVES. -

a. To secure efficient utilization of manpower;

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b. To provide for the prompt elimination from the service of

misfits and undesirables, and for the immediate termination of the current term of
enlistment of an enlisted person whose continued stay in the service no longer
warranted.

c. To assure the individual soldier of substantial justice and

fairness in determining the desirability of retention in the service.

d. To secure speedy justice while providing legal safeguards to

spare the innocent from arbitrary action; and

e. To provide an accurate and authentic record of personnel

action leading to administrative discharge prior to ETE.

4. POLICIES. -

a. Selective Enlistment – Effort and extreme concern should be

exerted to select the best suitable individual from the abundant manpower resources
considering the many applicants for enlistment in the AFP. A thorough and rigid
Psychological Evaluation should be conducted on all prospective applicants for
enlistment to fully determine mental capability/fitness and personality. All
borderline cases of applicants, i.e., adequate mental capability but unstable
personality be referred to the Neuro-Psychiatrist for further clinical assessments.

b. Selective Reenlistment – All personnel with confirmed

incurable/or expensive to cure personality disorders and strings of cases shall be
terminated upon ETE. Reenlisting personnel shall pass a thorough and rigid
Psychological Evaluation and usual clearance before recommended for reenlistment.
Borderline cases shall be referred to the Neuro-Psychiatrist for further clinical
evaluation to determine fitness to be reenlisted in the service or rehabilitation. Some
personnel may develop in-service difficulties that may affect their personality. In
which case the AFP must establish Personnel Crises Intervention Program to
help/rehabilitate personnel.

c. Disciplinary Power of Commanding Officer – The retention of

a problem individual in the service is costly. However, it is not the intent of these
regulations to preclude or discourage the trial by Court-Martial of wrongdoers when
such action is for the best interest of the service. Discharge authorities shall take
utmost care that administrative discharge is not resorted to as an easy and
economical substitute for Court-Martial. In cases where punitive action is clearly
called for, the particular circumstance of each case shall be judiciously weighed to
avoid creating the impression that administrative discharge assures one of an easy
escape from punishment for serious offenses and breaches of military discipline.

d. Accountability of Misbehaving Personnel – Discharge is an

appropriate procedure for an enlisted person whose behavior renders him repeatedly

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vulnerable to punitive or other adverse personnel action. The fact that an erring
individual discharged without honor may be denied certain benefits or encounter
difficulty in securing employment should be carefully explained to him for his own
benefit.
5. GROUNDS FOR DISCHARGE. –

a. UNDER HONORABLE CONDITIONS –

(1) Minority –
(a) An enlisted person under 21 years of age but
not below 18 years at the time of his enlistment who being unemancipated by
marriage, enlisted without the consent of either of his parents or legal guardian and
upon presentation of satisfactory is made while the enlisted individual is under 21
years old and unemancipated.

(b) An enlisted person below 18 years of age shall

be discharged upon application of either parent or legal guardian and upon
presentation of satisfactory evidence as to his age, whether or not consent was given
to his enlistment, provided such application is made while the enlisted individual is
below 18 years of age.

(c) A minor shall not be discharged on his own

application. Whenever a minor whose parents or legal guardian have not applied for
his discharge, is discovered to be below 18 years of age, the appropriate discharge
authority may, in the exercise of his discretion, direct either his discharge or
retention in the service.

(d) Notwithstanding the foregoing provisions, a

minor who is under investigation or court-martial trial for a violation of the Articles
of War, or is serving a sentence of confinement as a result thereof, or is under
contractual obligation to serve for a certain period in consideration of his training or
schooling at government expense, shall not be discharged until his case is disposed
of under appropriate military justice procedures.

(2) Dependency or hardship –

(a) Dependency – An enlisted individual may be

discharged upon his written request due to death or disability of a member of his
family and be reason of which his family becomes principally dependent upon him
for care and support. The term “member of his family” or “family” includes only the
wife, children, father, mother, brother, sister and any relative who has parental
authority over the enlisted person prior to his enlistment.

(b) Hardship – An enlisted individual may also be

discharged upon his written request when, under circumstances not involving the

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death or disability of a member of his family, his discharge will alleviate undue
hardship to his family as to care and support.

(c) In no case shall an enlisted individual who

seeks his discharge by reason of dependency or hardship, be discharged if he is under
investigation or court-martial trial or serving a sentence of confinement as a result
thereof, until his case is disposed of under appropriate military justice procedures; or
is under contractual obligation to serve at government expenses; or has served during
his current enlistment less than eighteen (18) months, if it is an original enlistment,
or less than twelve (12) months if it is a succeeding enlistment.

(3) Marriage –

(a) Officers and enlisted women of the Women’s

Auxiliary Corps may contract marriage without being discharged or separated from
the service provided, they have at the time of said marriage, already completed at
least three (3) years of continuous active military service in the AFP. Provided
further, that any female member of the AFP who has previously separated or
discharged honorably by reason of marriage may be called to active duty or
reinstated, subject to the above condition and in consonance with rules and
regulations as the Chief of Staff, AFP may prescribe.

(b) Marriage between Officers and enlisted

personnel shall be authorized with strict adherence to the following guidelines:

(1) Three (3) years of continuous active

military service as prescribed by PD 1910 and Cir Nr 7, s-84.

(2) Seminar on proper decorum which shall

be conducted by TCWAC, AFP or her authorized representative for all prospective
couples wherein a Certificate of Attendance will be issued which is a requirement in
the application for permission to marry.

(3) Separation of military and personal

responsibilities by contracting parties and strict observance of customary standards
of military discipline and behavior should be emphasized during the seminar.
Separation of unit assignment of prospective couples who are assigned with the same
unit/office.

(4) Convenience of the Government – Discharge under

this category is authorized for the following reasons:

(a) To accept appointment as a Regular Officer or

enter an ETAD as a Reserve Officer.

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(b) To accept appointment as cadet of the

Philippine Military Academy/Philippine Air Force Flying School and other foreign
military schools/academies.

(c) To dispose of cases where the immediate

separation of the EP does not run counter with existing policy or regulation and that
his discharge is deemed most expedient on account of:

1. Approved petition for

immigration/residence abroad.

2. Acceptance of a better paying job

outside the service.

3. Filing of optional retirement prior to its

approval.

4. Where the EP concerned has plans to

contract marriage after denial of his request for permission to marry.

5. Physical and mental rehabilitation of the

EP.

6. Any other exceptional circumstances or

conditions that warrant immediate discharge from the service of the AFP in keeping
with a more liberal plan of attraction.

(d) To dispose of cases where immediate

separation due to unfitness, in lieu of discharge after trial by court-martial, is
determined to be more a convenient, practical and expeditious mode of separation,
consistent with the requirements of discipline, morale and welfare and the interest of
the service.

(4) For the Good of the Service –

(a) An enlisted person whose suitability or

desirability for retention in the service has rendered him subject to administrative
separation under paragraph 6b, may be immediately discharged “For the Good of
the Service” with his consent, in lieu of separation proceedings indicated in
paragraph 6, after he shall have executed the certificate of “Consent to Discharge
for the Good of the Service” (Annex A).

(b) In no case may a discharge under this category

be ordered after referral of the respondent enlisted person’s case for investigation as
specified in paragraph 6.

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(c) When discharge for the good of the service or

for unsuitability is ordered, the officer in custody of the enlisted person’s record shall
enter the remark “Not Recommended for further Service” in the “Remarks” section
of the Individual’s Service Record.

(6) Unsuitability – An individual may be discharged by

reason of unsuitability, not due to misconduct, when it has been determined that he is
unsuitable for further military service because of:

(a) Inaptitude or ineptness due to lack of general

adaptability, want of readiness or skill, unhandiness or inability to learn;

(b) Character and behavior and personality

disorders due to psychiatric condition;

(c) Chronic alcoholism or addiction to alcohol

(without overt acts or misconduct or disorder);

(d) Homosexual tendencies, desires or interest

unaccompanied by over homosexual acts. A homosexual is an individual who
demonstrates by behavior, a preference or desire for sexual activity with person’s of
the same sex. Homosexuals are unfit for military service because their presence
impairs the morale and discipline of the organization. Allegations of homosexuality
shall be thoroughly and comprehensively inquired into, with due regard for the
peculiar susceptibility of such cases to malicious charges.

b. DISCHARGE WITHOUT HONOR -

(1) Undesirability due to misconduct or unfitness – An

individual may be discharged under this category for any of the following reasons:

(a) Absence without leave or desertion from any of

the Major Service of the AFP.

(b) Prior separation from the Armed Forces of the

Philippines or from the armed services of any foreign country under conditions other
than honorable and/or conditions barring entry into the Armed Forces of the
Philippines.

(2) Conviction by Civil Court – An individual may be

discharged under this category upon proof of final conviction by a civil court of a
criminal offense during his current term of enlistment.

(a) Involving moral turpitude or the nature of

which clearly indicates the individual’s unsuitability for associating with other
enlisted personnel, including but not limited to crimes against chastity, crimes

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against national security, murder, infanticide, abortion, kidnapping, brigandage,

smuggling, prostitution, or any of the crimes relative to opium and other prohibited
drugs; or
(b) For which the individual has been sentenced to
imprisonment for more than one (1) year;

(3) Trial by Court-Martial – An individual may be

discharged under this category on the basis of his trial by court-martial for an offense
involving moral turpitude, or for an offense punishable by dishonorable or bad
conduct discharge, and such trial has resulted in:

(a) Conviction, but the sentence, as approved, does

not include a punitive discharge;

(b) Acquittal by court-martial notwithstanding

substantial evidence to support a finding of guilty, and the acquittal is based solely
on a successful plea of the statute of limitation or of double jeopardy.

(4) Desertion or Absence Without Leave – Discharge for

desertion or AWOL under this category may be ordered only if; the unauthorized
absence has continued for three (3) months or more and trial by court-martial is
deemed inadvisable. Discharge must be based on substantial evidence to support the
administrative determination of desertion or absence without leave. The term
“substantial evidence” means such relevant evidence as a reasonable mind might
accept as adequate the support a conclusion, and should not be confused with “proof
beyond reasonable doubt” necessary to justify a criminal conviction.

(5) Pregnancy out of wedlock – An enlisted female who

becomes pregnant; has given birth and has any form of miscarriage or abortion out of
wedlock as duly certified by competent authority shall immediately be discharged.

(6) Immorality – Discharge under this category may be

ordered for immoral conduct, including but not limited to:

(a) Maintaining illicit relations with a woman/man

who is not his/her wife/husband, irrespective of whether both are single and free to
marry at the time;

(b) Commission of any of the crimes against

chastity as defined in the Revised Penal Code (adultery, concubinage, seduction,
abduction, rape, acts of lasciviousness, corruption of minors and prostitution);

(c) Established homosexual acts and other acts of

sexual perversion.

(7) Frequent incidents of discreditable nature with civil or

military authorities.

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(8) An established pattern for:

(a) Shrinking from duty or responsibility
(b) Insubordinate conduct, or
(c) Deliberate failure to pay just debts.
(9) Any specific act of misconduct, disorder or neglect not
falling under any other provision of this Circular and for which trial by court-martial
is deemed inadvisable.

6. PROCEDURE. –
a. Discharge Without Honor –

(1) Whenever the appropriate discharge authority has

determined that there exists sufficient grounds for discharge under paragraph 5b
above, of any enlisted person within his command, he shall immediately order that a
summary investigation be conducted and completed within seven (7) days, by an
officer of his command, on the circumstances affecting the respondent enlisted
person’s fitness for retention in the service. Board action is not required.
Nevertheless, the respondent shall be given an opportunity to be heard, to present
evidence in his behalf and to refute the evidence against him. Where the respondent
refuses or fails without justifiable reason to appear; be heard or present his evidence
in the investigation, the investigating officer shall take note of these facts, and shall
complete his investigation with the reception of all pertinent and competent evidence
and make the appropriate findings and recommendations. However, except in cases
of AWOL or desertion or in cases where physical control is not effective, the enlisted
person will not be tried in absentia. If discharge is recommended, the specific
provision for the discharge (under paragraph 5b) shall be indicated under a category
different from that indicated when he first took cognizance of the case if his findings
so warrant.
(2) Where the discharge authority (other than the Chief of
Staff, AFP, and the Major Service Commanders) approves the recommendation for
the discharge of the respondent enlisted person, the former shall immediately order
the discharge from the service of the latter. The orders to be issued shall not,
however, specify the character of the discharge but shall state that the character of
the discharge shall be as determined by the Chief of Staff, AFP or the Major Service
Commander concerned. Thereafter, the records of investigation and/or summary of
the incidents or circumstances leading to discharge must be submitted to the Chief of
Staff, AFP/Major Service Commander (Attn: DCS PER/ACS PER) for
determination of the character of discharge. Thereupon, the Chief of Staff, AFP or
the Major Service Commander concerned shall issue orders indicating therein the
character of the discharge.

(3) When a discharge order has been executed by a

discharge authority other than the Chief of Staff, AFP or a Major Service
Commander, the respondent enlisted person may, within thirty (30) days from the

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date of publication of orders appeal his case to the Chief of Staff, AFP, or the Major
Service Commander concerned, by filling a written notice of appeal with The
Adjutant General, AFP/Adjutant of the Major Service to which he belongs.

(4) Upon receipt of the notice of appeal, The Adjutant

General, AFP/Adjutant of the Major Services shall without delay forward/refer all
records of investigation and all other pertinent papers to The Judge Advocate
General, AFP/Major Service Judge Advocate for his review and advice. Based on
said review and advice, the Chief of Staff, AFP/Major Service Commander
concerned shall make his final disposition of the case.

(5) In the absence of an appeal by the respondent enlisted

person or if an appeal has been filed beyond the period specified in the preceding
paragraph, the case shall be subject to automatic review by the Chief of Staff, AFP,
or the Major Service Commander concerned in this case, the character of the
discharge shall merely be determined.

(6) In cases where the Chief of Staff, AFP or the Major

Service Commander is the discharge authority, he may, act on the recommendation
of the investigating officer and the characterization of the mode of discharge by DCS
PER/ACS PER; order the immediate discharge of the enlisted person concerned.

(7) For acts of misconduct committed by an enlisted

individual within his command, subordinate commanders enumerated in para 2a of
this circular may, upon their own initiative, or as may be ordered by higher
authorities, conduct an investigation of the charge or charges against the erring
enlisted individual following the procedure prescribed in para 6a(1) above, and make
appropriate recommendation on the basis of their own findings and evaluation of the
evidence presented during the proceedings, to the superior commander authorized to
order his discharge under para 5b above. In turn, the appropriate discharge of the
enlisted individual concerned or order a reinvestigation upon which he could base his
own decision of the matter.

b. Discharge for the Good of the Service –

(1) When an enlisted person’s suitability or desirability for

retention in the service has rendered him subject to separation proceedings under
paragraph 5b, his immediate Commanding Officer shall take steps to ascertain
whether the primary interest of the service and of the individual will best be served
by his prompt discharge in lieu of separation proceedings as prescribed in paragraph
6a.

(2) If the immediate command, or any higher command,

determines that a discharge for the good of the service is appropriate, the immediate
commander shall advise the enlisted person:

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(a) of the specific reason or act of misconduct for

which separation proceeding under paragraph 6a is contemplated;

(b) of the nature and substance of the available

evidence against him;

(c) that he shall be afforded legal counsel by the

AFP free of charge in case he cannot secure a counsel at his own expense;

(d) if applicable, that a discharge by reason of

unsuitability is an honorable separation from the service and entitles the discharged
person to all leave and separation benefits;

(e) if applicable, that if he is discharged as a result

of separation proceedings under para 6a by reason of undesirability due to
misconduct or unfitness, such discharge will deprive him of leave and other benefits
incident upon an honorable separation from the service and may cause him
substantial prejudice in securing civilian employment;

(f) that a discharge for the good of the service, in

lieu of separation proceedings in accordance with paragraph 6a above, is an
honorable separation from the service. However, it renders him unacceptable for
reentry into the military service; and;

(g) that he may avail himself of a discharge for the

good of the service only by his written consent made prior to separation proceedings
under paragraph 6a, above.

(3) If the individual consents to his discharge for the good

of the service, the immediate commander shall -

(a) require respondent to sign the statement of

“Consent to Discharge for the Good of the Service” (see Annex A). Such written
consent shall become a part of respondent’s enlisted personnel records.

(b) report such fact in letter form to the proper

discharge authority, stating; respondent’s name, grade, serial number, and age; date
of last enlistment and prior services; brief statement as to the specific reason or act of
misconduct which renders him subject to separation proceedings under paragraph 6a,
and the reason why he does not consider court-martial or separation proceedings
under paragraph 6a, advisable, conduct and efficiency ratings; record of court-
martial and other disciplinary action; and any other pertinent information. The
individual’s statement of “Consent to Discharge for the Good of the Service” will be
appended to the letter.

(4) Intermediate commanders shall take either of the

following actions:

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(a) Disapprove the recommendation of discharge

for the good of the service and direct court-martial or separation proceedings under
paragraph 6a, as he deems appropriate;

(b) Approve the recommendation and forward the

report to the proper discharge authority for final action.

(5) The proper discharge authority shall direct the

individual’s discharge for the good of the service, court-martial action, separation
and proceedings under paragraph 6a, or such other disposition of the case he deems
most appropriate. The enlisted person’s immediate commanding officer shall be
notified of such action.

7. MISCELLANEOUS. –

a. A discharge from the service under honorable conditions

entitles an enlisted person to all furlough and other benefits incidents to an honorable
separation from the service.

b. Discharge without honor under this Circular is a Separation

for cause and deprives the individual of furlough and other benefits incident to an
honorable separation from the service.

c. For the purpose of effecting the prompt separation of an

enlisted person whose discharge under honorable conditions has been approved
pursuant to this Circular, discharge authorities are authorized to approve and grant all
terminal furlough due the discharged enlisted person, regardless of duration, subject
to pertinent laws, rules and regulations on furlough.

d. Where verification of the individual’s length of service and

furlough balances may unduly delay the issuance of terminal furlough and discharge
orders, the discharge authority is authorized to order and execute the discharge,
without prejudice to the discharged individual’s collection of money for all furlough
due him upon approval of the commutation thereof by proper authority;

e. Discharge Orders – Discharge orders by authorities in

paragraph 2 shall be issued “By Command or Order of the Commander” concerned
or “By Direction of the Chief of Staff, AFP”, as applicable.

f. Administrative Action to Effect Separation – Commanders

shall take steps to ensure that clearances and other administrative actions to effect the
separation of an individual from the service are initiated at the earliest practicable
time and completed within a reasonable time after discharge is finally approved.

g. Dissemination – All commanders shall take steps to ensure

that all personnel under them are familiar with the provisions of this Circular.

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Discharge authorities will provide copies of this Circular down to company level.
Instructions on the provisions of this Circular shall be included in the troop
information program of all units.

8. RESCISSION. – Circular Nr 30, dated 3 May 1972 this Headquarters

and other regulations inconsistent herewith are hereby rescinded or modified
accordingly effective 14 September 1987.

BY ORDER OF THE SECRETARY OF NATIONAL DEFENSE:

OFFICIAL: (Sgd) FIDEL V RAMOS

General, AFP
Chief of Staff
JULIAN M MAALA
Colonel PC (GSC)
The Adjutant General

DISTRIBUTION:
“A”

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