essing for administrative separation of any member 
of the Armed Forces described in subsection 
(a)(2)(A) in response to the first substantiated viola-
tion by the member of the policy established pursu-
ant to subsection (a), when the member is not other-
wise punitively discharged or dismissed from the 
Armed Forces for that violation. 
(B) The Secretary of each military department 
shall revise regulations applicable to the Armed 
Forces under the jurisdiction of the Secretary as 
necessary to ensure compliance with the requirement 
under subparagraph (A). 
(2) REQUIRED
ELEMENTS.—(A) In imposing 
the requirement under paragraph (1), the Secre-
taries shall ensure that any separation decision re-
garding a member of the Armed Forces is based on 
the full facts of the case and that due process proce-
dures are provided under existing law or regulations 
or additionally prescribed, as considered necessary 
by the Secretaries, pursuant to subsection (f). 
(B) The requirement imposed by paragraph (1) 
shall not be interpreted to limit or alter the author-
ity of the Secretary of a military department and the 
Secretary of the Department in which the Coast 
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Guard is operating to process members of the 
Armed Forces for administrative separation— 
(i) for reasons other than a substantiated 
violation of the policy established pursuant to 
subsection (a); or 
(ii) under other provisions of law or regula-
tion. 
(3) SUBSTANTIATED VIOLATION.—For purposes 
of paragraph (1), a violation by a member of the 
Armed Forces described in subsection (a)(2)(A) of 
the policy established pursuant to subsection (a) 
shall be treated as substantiated if— 
(A) there has been a court-martial convic-
tion for violation of the policy, but the adjudged 
sentence does not include discharge or dis-
missal; or 
(B) a nonjudicial punishment authority 
under section 815 of title 10, United States 
Code (article 15 of the Uniform Code of Mili-
tary Justice) has determined that a member 
has committed an offense in violation of the 
policy and imposed nonjudicial punishment 
upon the member. 
(d) PROPOSED UNIFORM CODE OF MILITARY JUS-
TICE PUNITIVE ARTICLE.—Not later than one year after 
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the date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives— 
(1) a proposed amendment to chapter 47 of 
title 10, United States Code (the Uniform Code of 
Military Justice) to create an additional article 
under subchapter X of such chapter regarding viola-
tions of the policy required by subsection (a); and 
(2) the conforming changes to part IV, punitive 
articles, in the Manual for Courts-Martial that will 
be necessary upon adoption of such article. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘entry-level processing or train-
ing’’, with respect to a member of the Armed forces, 
means the period beginning on the date on which the 
member became a member of the Armed Forces and 
ending on the date on which the member physically 
arrives at that member’s first duty assignment fol-
lowing completion of initial entry training (or its 
equivalent), as defined by the Secretary of the mili-
tary department concerned or the Secretary of the 
Department in which the Coast Guard is operating. 
(2) The term ‘‘prospective member of the 
Armed Forces’’ means a person who has had a face- 
to-face meeting with a member of the Armed Forces 
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assigned or attached to duty described in subsection 
(a)(3)(A) regarding becoming a member of the 
Armed Forces, regardless of whether the person 
eventually becomes a member of the Armed Forces. 
(f) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense and the Secretary of the Department in which 
the Coast Guard is operating shall issue such regulations 
as may be necessary to carry out this section. The Sec-
retary of Defense shall ensure that, to the extent prac-
ticable, the regulations are uniform for each armed force 
under the jurisdiction of that Secretary. 
Æ 
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