AFP Officer Discharge Regs EO No. 475

Officers of the Regular Force of the AFP and Reserve officers on extended tour of active duty for six months or more may be administratively discharged or separated only under the Order’s framework and after the required approvals.
Discharge or separation may proceed only upon the approval of the President, unless a law provides otherwise.
Where an officer commits misconduct of such nature and gravity as to warrant discharge or separation, his name and record must be referred to the AFP Efficiency and Separation Board.
The Order also requires referral to the Board where elimination is made mandatory by operation of Republic Act No. 291, as amended, or other pertinent laws.
The Board is tasked to determine, in mandatory-elimination cases, whether separation is due to misconduct, willful failure, intemperate use of drugs or alcoholic liquor, or vicious or immoral habits.

The Board’s determination covers fitness/suitability for retention when an officer is referred due to the grounds in the Order.
Any officer discharged or separated for reasons other than:
- his own misconduct,
- willful failure to perform duties,
- intemperate use of drugs or alcoholic liquor, or
- vicious or immoral habits
  is entitled to gratuity, pension, separation pay, or retirement benefits authorized by law.

The President must approve the discharge or separation of covered officers by administrative action.
Unless otherwise specifically provided by law, the discharge or separation must follow the Order’s regulations and the implementing regulations that are not inconsistent with the Order.
Referral to the Board is performed through the chain specified in the Order, including action by the Chief of Staff, AFP and the Commander of the Major Service to which the officer belongs.
The Order authorizes the AFP chain to review records and efficiency when unsatisfactory qualifications and efficiency arise, with referrals to the Board.

The AFP Efficiency and Separation Board is established to expeditiously pass upon discharge or separation of officers referred on the grounds covered by the Order.
Board members are appointed by the Secretary of National Defense, who also designates the Chairman.
Board members serve two years unless sooner relieved by the Secretary of National Defense and must take an oath of office before entering duty.
The Board must act with utmost dispatch and use summary proceedings consistent with minimum administrative due process, avoiding technicalities that unreasonably delay disposition.
Hearings and deliberations require the presence of the Judge Advocate General’s Service member (the JAGs Service member referred to in the composition rules).

The Board consists of six voting members:
- one appointed from each of the four Major Services,
- one from General Headquarters, AFP or from any AFP Wide Separate and Support Units, and
- one officer of the Judge Advocate General’s Service.
Members should not be below the permanent grade of Colonel or Captain in the Navy, insofar as practicable.
A counsel member:
- is designated by the Chief of Staff, AFP,
- must be an officer member of the Philippine bar,
- serves without vote as counsel for the Board,
- assists in the examination of witnesses and evidence, and
- may issue subpoena and subpoena duces tecum when directed by the Board’s Chairman.
Certain high-ranking personnel are ineligible for appointment as Board members, including the Chief of Staff, AFP, the Vice Chief of Staff, the Deputy Chiefs of Staff (including the Deputy Chief of Staff for Personnel), and equivalent personnel in Major Services for personnel functions.
No member serves for more than two consecutive terms, and only officers with competence, prudence, impartiality, and judicial temperament are appointed.
Proceedings and decisions are confidential.
A majority of all members constitutes a quorum.
Decisions require a majority vote of the members present.

An officer under consideration must be notified that his discharge or separation is under consideration.
The officer must be allowed counsel of his own selection.
The officer has the right to:
- appear personally or through counsel before the Board,
- present facts, argument, witnesses, and matters pertinent to his case.
The officer must be informed of all evidences, charges, and reports against him and must be given full opportunity to refute them.
In determining suitability for retention, the Board weighs:
- proficiency,
- experience,
- accomplishments,
- attitude,
- ability,
- character, and
- general value to the service.
The Board must give due weight to findings and recommendations of a Selection Board, pursuant to Republic Act No. 291, as amended, bearing on present fitness for retention.
The Board must attach no weight to political, social, financial, or other non-military factors.

For each case, the Board must recommend specifically that the officer be retained or separated from active service, subject to the limitation in the Order governing mandatory-elimination grounds.
The Board must submit a complete report of the case and the record of investigation to the Chief of Staff, AFP for review of findings and recommendations.
Board recommendations forwarded to the President through the Secretary of National Defense for final decision are limited to:
- Separation concurred in by the Chief of Staff, AFP, and
- Retention/Separation not concurred in by the Chief of Staff, AFP.
If a retention recommendation is concurred in by the Chief of Staff, AFP, the case is considered closed and the officer must be notified in writing.
The Chief of Staff, AFP may remand a case to the Board for further action or proceedings necessary for a full, fair, and impartial investigation.
The investigation report must specify:
- the particular provisions of paragraph 2 on which the Board took cognizance,
- whether the separation recommendation is based on misconduct, willful failure, intemperate use of drugs or alcoholic liquor, or vicious or immoral habits, and
- other matters the Board deems pertinent.
If the Board determines separation is not due to the enumerated causes and the officer is eligible for retirement, it must recommend his retirement under Republic Act No. 340, as amended.

The Secretary of National Defense must promulgate necessary rules and regulations to carry out the purpose and intent of the Order, provided they are not inconsistent with its provisions.
Executive Order No. 302, series of 1958, as amended by Executive Order No. 209, series of 1970, is rescinded.
Pending cases are transferred as follows:
- Cases pending before the Efficiency and Separation Boards established under Executive Order No. 302, as amended, must be transferred to the AFP Efficiency and Separation Board for completion of investigation.
- Cases pending before the Board of Review under Title III of Executive Order No. 302, as amended, must be transmitted to the Chief of Staff, AFP for review under paragraph 8 of Executive Order No. 475.