Rules for AFP Officers Discharge/Separation

Officers committing serious misconduct warranting discharge/separation are to be referred to an Efficiency and Separation Board
Periodic review of officers' records by AFP Chief of Staff or Major Service Commanders to identify unsatisfactory officers
Mandatory separations under Republic Act No. 291 or other laws are reviewed by the Board to determine if discharge is due to misconduct, failure in duties, intemperate substance use, or immoral habits
Officers discharged/separated for reasons other than their misconduct are entitled to gratuity, pension, separation pay, or retirement benefits as authorized by law

Established for AFP General Headquarters and each Major Service
Members appointed by Secretary of National Defense on Chief of Staff's recommendation
Comprised of 5-7 officers including a Judge Advocate General service member
Members should be senior in permanent grade to officers considered and hold minimum rank of Colonel or Navy Captain
Members serve two-year terms and must take oath before service
Certain AFP high-ranking officials are ineligible to serve as Board members

Commanders designate a Secretary (non-voting) who can issue subpoenas upon Chairman's order
Prosecuting Officer and Military Defense Counsel also designated to handle case presentation and defense
Provision of necessary logistical and clerical support by command

Boards have jurisdiction over officers assigned to their respective commands; General Headquarters Board includes general/flag officers and AFP General Headquarters assigned officers
Proceedings emphasize prompt action with summary procedures consistent with administrative due process
Confidential proceedings requiring presence of Judge Advocate General service member
Quorum and majority vote requirements

Evaluation based on proficiency, experience, accomplishments, attitude, ability, character, and value to the service
Selection Board findings pursuant to Republic Act No. 291 considered
Political, social, financial, or other nonmilitary factors are excluded from consideration

Notification of discharge/separation consideration
Right to counsel of their choice
Right to appear personally or via counsel, present evidence, witnesses, and refute evidence against them
Full disclosure of evidence, charges, and reports

Board submits recommendation to the commander, suggesting retention or separation
If retention recommended and concurred, case closed with written notice to officer
Recommendations for separation or nonconcurrence forwarded to President through Secretary of National Defense for final decision
Commander may remand case for further proceedings if necessary
Investigation report to detail basis of separation and relevant findings
Board to recommend retirement under AFP Retirement Law if separation is not due to misconduct and officer is eligible

Secretary of National Defense authorized to promulgate necessary rules implementing this Order
Executive Order No. 475, s-76, is rescinded
Pending cases under the previous order are transferred to appropriate Major Service Efficiency and Separation Boards except those already substantively commenced