| |
an administrative board is convened. Commands
should send the processed case to the Chief of Naval
Personnel within 30 working days from the date the
member is notified.
. A total of 55 working days from the date a
command notifies a member of the commencement of
a separation processing to the date of separation when
final action on the case is required by SECNAV.
Commands should send the letter of transmittal or
message within 10 working days from the date the
member is notified or submit a letter of transmittal
within 30 working days from the date the member is
notified and an administrative board has recommended
retention, or the offense(s) being considered is
evidenced by an SPCM or a GCM conviction that did
not award a punitive discharge.
ACTION BY THE SEPARATION
AUTHORITY
Upon receipt of the administrative board
proceedings, the Chief of Naval Personnel, as the
separation authority, takes action regarding the
recommended discharge and recommended
characterization of service.
The MILPERSMAN
outlines all the possible choices of action that are
available to the Chief of Naval Personnel.
If the Chief of Naval Personnel approves the boards
findings and recommendations, in whole or in part, with
respect to more than one reason for separation, he or she
will designate the most appropriate basis as the primary
reason for reporting purposes.
THE NAVAL DISCHARGE REVIEW BOARD
AND THE BOARD FOR CORRECTION OF
NAVAL RECORDS
The purpose, jurisdiction, and scope of the NDRB
and the BCNR will be explained during the separation
processing of any member being discharged under OTH
conditions, including members authorized to proceed
home in a leave status to await final action on a punitive
discharge. An entry will be made on the Administrative
Remarks, NAVPERS 1070/613, page 13 of the service
record, and signed by the member, to signify
compliance.
The NDRB was established pursuant to the
Servicemens Readjustment Act of 1944 to review, as
provided in 10 U.S.C. $ 1553, upon the petition of
whether under reasonable standards of naval
administration and discipline, the type and nature of the
discharge should be changed, corrected, or modified;
and if so, to decide what change, correction, or
modification should be made.
The NDRB has no authority to revoke any
discharge; reinstate any person in the military service or
recall any person to active duty; waive discharges to
permit enlistment in the naval service; cancel enlistment
contracts, change, correct, or modify any document
other than the discharge document; change the reason
for discharge from or to physical disability; or determine
eligibility for veterans benefits.
The BCNR was established under the Legislative
Reorganization Act of 1946 to relieve the Congress of
the burden of considering private bills for the correction
of naval records.
When a no-change decision has been rendered by
the NDRB, a petition may then be filed with the BCNR
within 3 years of the date of discovery of the error or
injustice.
In connection with review of executed discharges
by both the NDRB and the BCNR, there is no law or
regulation that provides that an unfavorable discharge
may be upgraded based solely on the passage of time or
good conduct in civilian life subsequent to leaving the
service.
Applications for review should be submitted on the
Application for Correction of Military Records, DD
Form 149, in the case of BCNR, and the Application for
the Review of Discharge or Dismissal from the Armed
Services, DD Form 293, in the case of NDRB. These
forms may be obtained by writing to the Board for
Correction of Naval Records, Washington, DC 20370 or
the Naval Discharge Review Board Suite 905, 81 N.
Randolph Street, Arlington, Virginia 22203.
SUMMARY
As an LN the serious nature of administrative
separations cannot be taken lightly. Although you may
not encounter administrative separation processing on a
daily basis, you should appreciate the detail that goes
into the overall process. For example, as you saw during
the Administrative Board section, if the CA is not careful
when selecting board members the CA could jeopardize
the entire case. Your familiarization with applicable
regulations regarding specific administrative separation
cases will enhance both your job performance and the
Navys as well, A case that is processed properly makes
for a smooth transition of events from the command to
BUPERS.
9-24
.
.
l
a. -
|