38Reasons for discharge

38 Reasons for discharge (1) A sailor (including a sailor in the Naval Reserve) may, at any time, be discharged by the Chief of Navy for any of the following reason: (a) that the sailor has requested his discharge; (b) that the sailor will, upon being discharged, be appointed an officer of the Navy; (c) that the sailor cannot be usefully employed in the Navy because of retrenchment in the Navy; (d) that the sailor is medically unfit; (e) that the Chief of Navy is satisfied that the retention of the sailor in the Navy is not in the interest of the Navy; (f) that the sailor made a false or misleading statement in connexion with his enlistment in the Navy; (g) that the member has not attained the age of 18 years and his parent or guardian has requested his discharge; (h) that the member has been absent without leave for a period exceeding 3 months; (i) that, in the case of a member of the Naval Emergency Reserve Forces, the member’s attendance for obligatory annual service has been unsatisfactory; (j) that, in the case of a member of the Naval Emergency Reserve Forces, the member resides overseas and is not available for call out; (k) that the sailor has not been granted, or has not accepted, Australian citizenship. > Note A sailor may also be discharged as a result of the operation of regulation 34A. (2) In addition to subregulation (1), a sailor in the Naval Reserve may, at any time, be discharged by the Chief of Navy for any of the following reasons: (a) that the sailor’s attendance for naval service has been unsatisfactory; and (b) that the sailor resides outside the area approved by the Chief of Navy for the purposes of this regulation in relation to the Naval establishment to which the sailor is attached. (3) Subregulations (1) and (2) apply whether or not the sailor: (a) has completed the period for which the sailor is enlisted; or (b) has attained the age prescribed for compulsory retirement. (4) If: (a) a sailor has been discharged for a reason in subregulation (1) or (2); and (b) the Chief of Navy, or a delegate of the Chief of Navy, is satisfied that the sailor could properly have been discharged for a reason other than that for which he was discharged; the Chief of Navy or the delegate may, at the request of the sailor, take such steps as are necessary to ensure that the sailor is treated as having been discharged for that other reason, including the taking of steps to amend any relevant order of discharge and any other relevant documents. (5) In this regulation: > medically unfit, in relation to a sailor, means physically or mentally incapacitated for the performance of the sailor’s duties.