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required to complete the package within 15 working
days after submission of the message.
Supporting
documentation includes the command's notice of
administrative separation processing, the members
statement of awareness, and other supporting
correspondence as required by the specific case.
Include a cover memorandum indicating that the
documentation supports a message case and include a
copy of the message.
Make sure the members full
name, rate, SSN, and UIC have been indicated on each
page of the case.
Letter of Transmittal
When a case is not submitted by message, the CO
or acting CO must sign a letter of transmittal to the Chief
of Naval Personnel submitting the case for final action.
Letters of transmittal are required in each case when the
CO is the separation authority. The letter of transmittal
must indicate the date the member was discharged and
a copy of the DD 214 must be provided. Make sure the
members full name, rate, and social security number
(SSN) have been indicated on each page of the case.
The MILPERSMAN, Article 3640200(9) illustrates a
sample letter of transmittal.
ADMINISTRATIVE BOARD PROCEDURE
Use the administrative board procedure to process
administration separations in the following
circumstances:
l
l
l
When a member with 6 or more years of total
active and/or Reserve military service being
processed under the notification procedure
requests a board
When the proposed reasons for separation
processing require a board
When the proposed characterization of service is
under OTH conditions
If a member being processed for administrative
separation is entitled, and elects to present his or her case
before a board, strict compliance with the
MILPERSMAN is required.
If the CO or OIC of the members command does
not have SPCM CA and the member desires a board, the
following procedures will be used. The CO or OIC will
give the member the letter of notification and the
statement of awareness. The next reporting senior with
SPCM CA will convene the administrative discharge
board. The members command will send the case to
the Chief of Naval Personnel via the convening
authority (CA), using a standard letter of transmittal.
Notice
When a respondent is going to appear at an
administrative discharge board, the respondent will be
notified in writing by the CO or OIC who proposed the
action by a letter. This letter is referred to as a notice of an
administrative board procedure proposed action and is
illustrated in the MILPERSMAN, Article 3640200(7).
The notice will include the following matters:
The notice is delivered personally to the respondent
and, if required, mailed by certified mail, return receipt
requested (for a respondent who is in civil confinement).
If the respondent should refuse to acknowledge
receipt of the notice, a sworn affidavit of service by mail,
as shown in the MILPERSMAN, Article 3640200(10),
is prepared and placed in the respondents service
record.
If everything goes normally, and the respondent
acknowledges the notice, the respondent will sign and
submit a statement of awareness.
Counsel
A respondent has the same right to consult with
counsel before electing or waiving any of his or her
rights as that prescribed for the notification procedure.
If an administrative board is requested, the
respondent will be represented by qualified counsel
appointed by the CA or by individual counsel of the
respondents own choice, if that counsel is determined
to be reasonably available.
The respondent has the right to consult with civilian
counsel of his or her own choice and maybe represented
at the hearing by that or any other civilian counsel, all
at the respondents own expense.
Exercise by the
respondent of this right will not waive any of the
respondents other counsel rights. Consultation with
civilian counsel will not unduly delay administrative
board procedures. If undue delay appears likely, the CA
may direct the board to proceed without the desired
civilian counsel after properly documenting the facts.
Nonlawyer counsel may represent a respondent
before an administrative board if the respondent
expressly declines appointment of qualified counsel and
requests a specific nonlawyer counsel or the separation
authority assigns nonlawyer counsel as assistant
Counsel.
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