Wisconsin Administrative Code › Department of Veterans Affairs › Chapter VA 6 - Wisconsin Veterans Homes › Section VA 6.05 - Discipline, discharges, and leaves of absence

Current through June 24, 2024
(1) DISCIPLINARY
			 PROCEDURE FOR SERIOUS OFFENSES. Each home shall maintain a complete record of
			 each offense by a member of the home for which the member could be given a
			 dishonorable discharge under sub. (7), showing the name of the offender, date
			 and place of the offense, and the nature of the offense. Each member charged
			 with such an offense shall be furnished with a copy of the charge or charges
			 placed against the member. No member may be given a dishonorable discharge or
			 disciplined in any way for the offense without a hearing before the commandant
			 of the home at a time and place to be fixed by the commandant. Each member
			 charged with an offense shall be furnished with a copy of the charge or charges
			 placed against the member. A summary of evidence introduced and the findings
			 and the decision of the commandant shall be filed in each case.
(2) DISCIPLINARY ORDERS, REVIEW, AND APPEAL.
			 A member found guilty by a commandant under sub. (1) of an offense may be
			 dishonorably discharged, given an enforced leave of absence for a period not
			 exceeding 60 days, restricted to the grounds of the home or designated parts of
			 the grounds, or disciplined in any other manner as the commandant determines to
			 be just and proper. Upon written application by the member involved within 10
			 days of issuance of a disciplinary order by the commandant, the secretary shall
			 review any discharge, enforced leave of absence, restriction, or other
			 disciplinary action ordered by the commandant and shall confirm, modify, or
			 reverse the order. The member involved may, within 10 days of action by the
			 secretary, file a request for a hearing under s.
			 227.42, Stats.
			 If a request for hearing is filed, the disciplinary order involved shall be
			 stayed pending the final decision by the department.
(3) OFF-LIMITS. The commandant of a home may
			 prohibit any member of the home from entering any tavern or establishment in
			 the vicinity of the home and may declare any such establishment off-limits to
			 any member if such action is necessary for the maintenance of discipline and
			 control.
(4) GRIEVANCE PROCEDURE.
			 Any member of a home who has a grievance or complaint of any kind against the
			 home or its management may present the grievance or complaint in writing to the
			 commandant of the home. If the member is not satisfied with action by the
			 commandant on the grievance or complaint, the member may refer the matter to
			 the secretary, and the commandant shall promptly transmit the grievance or
			 complaint together with a written report of investigation and action on the
			 grievance or complaint to the secretary.
(5) HONORABLE DISCHARGE. A member of a home
			 may receive an honorable discharge from membership at the home upon
			 application, provided that he or she has paid all money due the home and has
			 accounted for all property issued that is not suitable for reissue, that no
			 disciplinary action has been currently imposed or is pending against the
			 member, and that he or she is able to exercise sound judgment in planning and
			 providing for his or her own physical welfare. When a member requires special
			 living or travel facilities or is unable to exercise sound judgment in planning
			 for his or her own physical welfare, the commandant of the home may refer the
			 request for discharge to the county veterans service officer in the member's
			 home county for assistance and may delay granting an honorable discharge until
			 proper facilities for his or her care and travel are assured.
(6) UNDESIRABLE DISCHARGE. A member of a home
			 may be given an undesirable discharge if an obligation to the home is not paid
			 within 60 days of the date of the member's or personal representative's receipt
			 of a billing statement from the home or if the member leaves the home without
			 satisfying the conditions for an honorable discharge.
(7) DISHONORABLE DISCHARGE. A member of a
			 home may be given a dishonorable discharge for frequent or habitual
			 intoxication; for willful disobedience of proper orders; for failure to
			 maintain restrictions imposed as a disciplinary measure; for habitual use of
			 profane, obscene, or abusive language; for the defacement of, damage to, or
			 destruction of any structures, buildings, improvements, shrubs, trees, or
			 plants on the grounds of the home; for unauthorized discharge of firearms
			 within the limits of the home; for assault on another person; for theft; for
			 committing any other crime; or for immoral or indecent conduct.
(8) LEAVES OF ABSENCE. Leaves of absence may
			 be granted by the commandant of a home for a period of not to exceed 60 days
			 during a calendar year, but may be extended by the secretary if circumstances
			 warrant. Payments to the state, as required by s.
			 45.51(7),
			 Stats., shall continue during the period of absence. The home will not be
			 responsible for any expense incurred by a member while absent from the home
			 except for emergency medical expenses authorized by a home's physician,
			 provided notice is given to the home within 24 hours of the onset of the
			 emergency. Quarters will not be reserved during any absence unless the absence
			 is authorized by the commandant.
(9) LEAVES OF ABSENCE, MEDICAL. Leaves of
			 absence from a home will be granted to veteran members while undergoing
			 treatment in a veterans administration hospital or in another authorized
			 hospital and to non-veteran members while in any hospital or sanatorium away
			 from the home. This leave shall not be charged to the 60-day annual
			 allowance.