ARMY OFFICER RESIGNATIONS

I Resignations for Officers who are not facing adverse action or investigation.

(1) Any officer on active duty (for more than 90 calendar days) may tender
resignation under AR 600-8-24 except when action is pending that could result
in resignation for the good of the Service; officer is under a suspension of
favorable actions, pending investigation, under charges; or any other
unfavorable or derogatory action is pending.
(2) Normally, resignations will not be accepted unless on the requested
date of
separation the officer has fulfilled his or her service current obligation.

II Officer Resignation for the Good of the Service in Lieu of General Court-
Martial (AR 600-8- 24, chapter ___).
(1) An officer may submit a Resignation for the Good of the Service
(RFGOS) in Lieu of General Court-Martial (GCM) under the following
circumstances:
(a) Court-marital charges have been preferred against the officer with a view
toward trial by GCM; or
(b) The officer is under a suspended sentence of dismissal.
(2) The tender of a RFGOS does not preclude or suspend procedures. A
convening
authority will not, however, take action on the findings and sentence in such
cases
until the Secretary of the Army or his or her delegee has acted on the RFGOS.

(3) An officer under court-martial charges or under investigation with a view

toward court-martial will be retained on active duty until final disposition of the
charges or
investigation or until the officer's RFGOS is approved.

(4) RFGOS must be voluntarily submitted and commanders will ensure that
any RFGOS which is submitted is done so voluntarily. The command must also
ensure that the officer is allowed a reasonable period of time to consider
requesting a RFGOS.

(5) The commander exercising general court-martial jurisdiction will

expeditiously forward a RFGOS to the CDR, PERSCOM. Court-martial
proceedings may be continued until action by the convening authority on the
findings and sentence of the court. A convening authority will not take action in
a case until the Secretary of the Army or his or her delegate acts on the
RFGOS. In the event trial is held prior to the time notification of action is taken
on the RFGOS, the convening authority will immediately transmit to CDR,
PERSCOM the result of trial, including sentence adjudged.
(6) The RFGOS along with the officer's OMPF and ORB without
recommendation will be forwarded by PERSCOM to the Office of the Assistant
Secretary of the Army.

(7) An officer separated under an RFGOS normally receives a characterization

of service of Under Other Than Honorable Conditions.

(8) An Officer who resigns for the good of the Service (regardless of the
character of service received) is barred from rights under laws administrated by
the Veterans Affairs. This is based on the period of service from which the
officer resigned.

If you have any questions about court martials, then you should contact an experienced
court martial attorney and military criminal martial lawyer.