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NAVY | DRB | 1999_Navy | ND99-00540
Original file (ND99-00540.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-ET3, USN
Docket No. ND99-00540

Applicant’s Request
The application for discharge review, received 990309, requested that the characterization of service on the discharge to be changed to Honorable and the reason for the discharge be changed to non-integration. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character and reason of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 Issue 1
I had tremendous social tensions on the ship I was stationed the USS Yorktown CG-48. It just seems that I got off on the wrong foot with my command. The week I arrived, we where deployed on a LEO-OP, drug enforcement operation, for seven weeks. I was overwhelmed at the time and was very anti-social. The ship environment at sea is very tight and I started having problems with people in my berthing and work center. I felt that I would be picked on by some of the people in my work center and it progressed to my berthing. I began to harbor a deep resentment for some of these people; one of them being my work center supervisor.
I worked in the communications center on board the Yorktown. While learning my gear from my shipmates I had a hard time getting along with some of them socially. I never felt comfortable around my command. Instead, I concentrated on learning the equipment in the communication center. I became an excellent technician and I thought that over time I would integrate into my work center, but it never seemed to happen. I feel that this issue had a primary impact with my decision to leave the navy when offered the choice though a Naval Discharge board, as stated in issue number 4.
Issue 2
I developed a drinking problem while in the Navy. I was young and single and related fun with drinking. It seemed to be the only thing to do when I was not working. I was a good worker, however sometimes I would go out drinking. I was really depressed on my ship over the several years that I served on board. As previously stated I was not getting along with some of the people in my work center and I believe now that I was self medicating myself for depression. I never felt part of my command, due to my incompatibility at the time with my command. It seemed to me at the time that I was always chosen for undesirable jobs on the ship. I would focus on my technical skills to compensate. However, to my perception at the time it seemed that I was singled out to do many undesirable tasks. The times when I would drink and end up in trouble was when I was serving on tiger-teams, which are work details that chip paint and PRC the decks along with other things. I never got into any trouble while I was in my work center as an Electronic Technician. I enjoyed my job very much and would drink less when I was in my work center. My drinking increased when I was on these work details, which resulted in me getting in trouble, by being late for an early morning muster. I realize that these where primarily my personnel defects, but nonetheless it had tremendous impact for my decision to leave the navy as in Issue number 4.
Issue 3
In my military record and included in this request are my non-judicial punishments. I had three minor incidents with in three years. Only two of those where on board the York-Town. I was never dropped in rank or restricted longer than one month. I would just mess up sometimes when I went out drinking; Primarily when I was on work details outside my command.
I had spoken to the master of arms of my ship prior to my last non-judicial punishment. I had spoken to him about some of my problems with my shipmates in my berthing at the time. I told him that I had few friends and was very unhappy on board the York-Town. The next time I got in trouble; I was processed for a discharge. I believe that this solution was excessive for my situation.

Issue 4
 When I was informed that I was being processed for a dishonorable discharge, due to my three incidents; I requested an officer's review board. The Navy conducted an investigation and concluded that 1 was an excellent technician, however I had a drinking problem and problems getting along with some people in my command. I was offered a choice from the discharge board. That choice was to stay in the Navy, but if I got into any more trouble I would be given a dishonorable discharge, or I could get out with my present discharge a General Under Honorable Conditions, due to misconduct and a pattern of misconduct. I felt miserable at the time and decided that I should cut my losses and choose the discharge. I was offered an alcoholic program after this discharge board made its decision. Unfortunately, I declined, because I felt ashamed and wanted to leave the ship as soon as I could.
Issue 5
Dear Honorable United States Naval Discharge Review Board

 I feel very ashamed about my past problems in United States Navy. I have made tremendous effort to correct my personal faults. I believe that I have corrected these defects. I have teamed to be more open around people. In addition, I had to battle the terrible diseases of alcoholism. Virtually every mistake I have made in life thus far is result of alcohol. I discovered while in college Alcoholic Anonymous and through this program I found more constructive uses with my free time than drinking. I live a life now of sobriety and strongly desire a career in Electrical -Engineering. I have included a letter from A_ N_, my personal counselor, regarding this matter.
Please consider my accomplishments after my discharge. I am presently a senior in Electrical Engineering at Arizona State University. I have included my official transcripts along with two letters from the University. I have earned 122 credit hours at A.S.U. and will soon enter the work force in my chosen profession. I will have an emphasis in Electromagnetics and Integrated circuits. I have worked hard for years on my education and I would like to remove my past defects on my resume. I am requesting that my discharge be changed to honorable with a reason of non-integration. I believe that my present discharge would have damaging effect in my effort to start my career as an Electrical Engineer.
I have had problems with employment in the past with the reason for my discharge being a pattern of misconduct. The word misconduct has a profound negative effect on a prospective employer. I realize that these where my personal defects and I feel that I have corrected them. Nonetheless, I bear this negative mark for something many years ago. I am now older and much wiser to the ways of the world and have learned to be a better person. I only hope that this review board will grant me my request, so that I may enter the work force with dignity. Thank you.
Issue 6
Dear Honorable naval Discharge Review Board,

Please accept the enclosed letter of reference from M_ H_ of All Saints Catholic Newman Center. I have had many problems with alcohol in my past. I found a better way through Alcoholics Anonymous. My efforts through this program have taught me to live a life of sobriety. I have completely changed and corrected my personnel defects. I have become active at the church where I attended Alcoholics Anonymous. I volunteer my free time to help this church, which has help me change my self-destructive tendencies through alcohol. I would like a professional life as an Electrical Engineer. I have made great effort in becoming a better person and reaching my goal to become an Electrical Engineer. I can only hope that his review board recognizes my accomplishments and forgive me for my past character flaws.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board dated 6/21/99
Dean's List Certificate from Arizona State University for 1999 Spring semester
ASU transcript dated 5/25/99
Copy of DD Form 214
3 Service Record pages concerning non-judicial punishment
Clinical Social Worker, ASU Student Health-Mental Health letter undated
Academic Advising Coordinator, ASU, letter dated Jan 11, 1999
Applicant's Academic Advisement dated 7/22/98
Applicant's ASU transcript dated 1/13/99
Letter of Reference from All Saints Catholic Newman Center dated 3/24/99

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890614 - 890709  COG

 Period of Service Under Review :
Date of Enlistment: 890710               Date of Discharge: 920710

 Length of Service (years, months, days):

         Active: 03 00 01
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 62

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.1 (2)     Behavior: 3.1 (2)                 OTA: 3.4

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SWASM, JMUA(2)

Days of Unauthorized Absence: 86

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :
900823:  NJP for violation of UCMJ, Article 86: 90AUG04, fail to go at time prescribed to appointed place of duty, to wit: Saturday morning remedial exam at Bldg. 520; violation of UCMJ Article 92: 90AUG09, fail to obey a lawful order by wrongfully smoking outside Galley 535 while in uniform.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.

900823:  Retention Warning from [NTC, Great Lakes, IL]: Advised of deficiency (failure to abide by the rules and regulations of the U.S. Navy and Uniform Code of Military justice, as evidenced by NJP on 23AUG90), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910312:  Retention Warning from [USS YORKTOWN]: Advised of deficiency (unauthorized absence for muster and from your work station on several instances), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910420:  NJP for violation of UCMJ, Article 86: unauthorized absence.
         Award: Restriction and extra duty for 15 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.

910423:  Retention Warning from [USS YORKTOWN]: Advised of deficiency (unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920207:  NJP for violation of UCMJ, Article 134: disorderly conduct, drunkenness.
Award: Forfeiture of $512.85 per month for 1 month, restriction and extra duty for 30 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
920211:  CO, USS YORKTOWN notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to a Pattern of Misconduct as evidenced by non-judicial punishment of 7 Feb 92, 30 Apr 91 and 23 Aug 90.
920214:  Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
920324:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed Misconduct due to a Pattern of Misconduct, that the misconduct warranted separation, but by a vote of 2 to 1, the characterization of discharge recommended is General under Honorable conditions.

920504:  Commanding officer recommended discharge Other Than Honorable by reason of Misconduct due to a Pattern of Misconduct. Commanding officer’s comments (verbatim): "ET3 (Applicant)'s performance has been consistently sub-standard and he has demonstrated that he has no desire to become a productive sailor. Despite numerous formal and informal counseling sessions, he ahs failed to modify his behavior to comply with the most basic rules and regulations. He has developed into an excessive disciplinary and administrative burden and I recommend that he be discharged with an other than honorable discharge."

920708:  BUPERS directed the applicant's discharge under Honorable conditions (General) by reason of misconduct due to a Pattern of Misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920710 under Honorable conditions (General) for Misconduct due to a Pattern of Misconduct (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issues 1 and 2, the Board determined these issues are without merit. The states he was under tremendous social tension on his ship, got off on the wrong foot and developed a drinking problem. The NDRB recognizes that he tried to serve to the best of his ability and that serving in the military is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. Most military personnel serve honorably and therefore earn an Honorable discharge. The applicant’s misconduct includes unauthorized absence, disobeying a lawful order and disorderly conduct/drunkenness. The applicant’s conduct and proficiency markings reflect his misconduct and fall below that required for an Honorable characterization of service. His discharge was equitably characterized as being performed under Honorable conditions (General). Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit. The applicant states he was never reduced in rank or restricted longer than one month. The records show the applicant was reduced in rank twice at NJP, but the reduction was suspended for six months, on both occasions. The length of his restriction and whether he was actually reduced in rank has no bearing on the characterization of his discharge. His violations of the UCMJ and misconduct convictions are the reasons for his discharge and the under Honorable conditions (General) characterization. Relief denied.

In the applicant’s issue 4, the Board determined this issue is without merit. The applicant made the decision to leave the Navy with a General discharge vice taking the chance of violating the UCMJ again and receiving a dishonorable discharge. His service was not honorable and his discharge was proper and equitable. Relief denied.

In the applicant’s issues 5 and 6, the Board determined these issues are without merit. The applicant states he is a senior in electrical engineering at Arizona State, has worked hard on his education and is living a life of sobriety. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Among those factors, continuing education and remaining substance free are two of the requirements. However, there is no law or regulation which requires that an unfavorable discharge be upgraded based solely on the passage of time, or good conduct in civilian life. Normally, an error or injustice must have occurred during the period of enlistment in question to permit relief. No such error or injustice has occurred. Although it is commendatory that the applicant has been able to achieve a college education and remain sober, it is not enough to warrant an upgrade to his discharge. The applicant is encouraged to continue his pursuit of establishing a reputation of good conduct and character. He remains eligible to schedule a personal appearance hearing, provided an application is received at the NDRB within fifteen years of the date of his discharge. Legal representation is encouraged. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until
04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


RECORD OF VOTE

 BOARD MEMBER                       CHARACTER                 BASIS/REASON






D.L. STOVER-KENDRICK              Relief not warranted              Relief not warranted
COL, USMCR, Presiding officer






C.F. BUCHHEISTER,        Relief not warranted              Relief not warranted LCDR, USN, Member






P.A. CRONIN, LT, USN             Relief not warranted              Relief not warranted
 Member






J.L. HILTON, LT, USN              Relief not warranted              Relief not warranted
Member





W. BURKE, JR., CDR, USN  Relief not warranted              Relief not warranted
 Recorder

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until 04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT , states:

1. Basis. A member may be separated for misconduct when it is determined, under MILPERSMAN 3610200, that the member is unqualified for further military service by reason of one or more of the following circumstances:

a. Minor Disciplinary Infractions. A series of at least three but not more than eight minor violations (e.g. specifications) of the Uniform Code of Military Justice (UCMJ) (none that could warrant a punitive discharge and not drug related) documented in the service record, within the current enlistment, which have been disciplined by not more than two (2) punishments under the UCMJ. The member must have violated counseling (3630600.2) prior to initiating processing. If the presented case exceeds these limits, including three or more periods of unauthorized absence of more than 3 days duration each, then process for pattern of misconduct or commission of a serious offense. Process drug abuse cases according to MILPERSMAN 3630620. If separation of a member in entry level status is warranted solely by reason of minor violations of the UCMJ, and the member's misconduct does not meet the eligibility requirements for processing due to a pattern of misconduct or commission of a serious offense, the processing should be under Entry Level Performance and Conduct (MILPERSMAN 3630200).

b. Pattern of Misconduct

(1) A pattern of misconduct is defined in part as discreditable involvement with civil and naval authorities as evidenced by one or more of the following:

 (a) Two or more minor civilian convictions within the current enlistment, the latest civilian conviction and counseling to have occurred while assigned to the parent command. (Separation activities defined in MILPERSMAN 3640476, and other commands to which temporary duty (TEMDU) is authorized by Chief of Naval Personnel, are exempt from this requirement). Members should be dual processed for misconduct due to commission of a serious offense and misconduct due to civilian conviction where appropriate.

(b) Three or more punishments under the UCMJ within the current enlistment, the latest offense and counseling to have occurred while assigned to the parent command. (Separation activities defined in MILPERSMAN 3640476, and other commands to which TEMDU is authorized by Chief of Naval Personnel, are exempt from this requirement). Members should be dual processed for misconduct due to commission of a serious offense and misconduct due to civilian conviction where appropriate.

(c) Any combination of three minor civilian convictions (misdemeanor(s) and or punishment(s)) under the UCMJ within the current enlistment, the latest offense and counseling to have occurred while assigned to the parent command. (Separation activities defined in MILPERSMAN 3640476, and other commands to which TEMDU is authorized by Chief of Naval Personnel, are exempt from this requirement). Members should be dual processed for misconduct due to commission of a serious offense and misconduct due to civilian conviction where appropriate.

(d) Three or more periods of unauthorized absence of more than 3 days duration each within the current enlistment, the latest offense and counseling to have occurred while assigned to the parent command. (Separation activities defined in MILPERSMAN 3640476, and other commands to which TEMDU is authorized by Chief of Naval Personnel, are exempt from this requirement). Members should be dual processed for misconduct due to commission of a serious offense and misconduct due to civilian conviction where appropriate.

(e) Nine or more violations (e.g., specifications) of the UCMJ within the current enlistment which have been disciplined by punishment under the UCMJ. The latest offense and counseling to have occurred while assigned to the parent command. (Separation activities defined in MILPERSMAN 3640476, and other commands to which TEMDU is authorized by Chief of Naval Personnel, are exempt from this requirement). Members should be dual processed for misconduct due to commission of a serious offense and misconduct due to civilian conviction where appropriate.

(2) A member may also be separated for misconduct due to a pattern of misconduct as evidenced by:

(a) A set pattern of failure to pay just debts. (Include financial statement prepared as specified in MILPERSMAN 6210140.14 when case is forwarded.)

(b) A set pattern of failure to contribute adequate support to dependents or failure to follow orders, decrees or judgments of a civil court concerning the support of dependents. Include copies of court order(s), judgments, etc.

c. Commission of a serious military or civilian offense, if:

(1) the specific circumstances of the offense warrant separation; and,

(2) a punitive discharge would be authorized by the Manual for Courts-Martial for the same or a closely related offense. Note that:

(a) If basis for offense is evidenced by a court-martial conviction--the findings of which have been approved by the convening authority--the findings of the court-martial as they relate to the administrative discharge process (basis and reason) are binding on the administrative discharge board. See Article 3610200.5a.

(b) If basis for offense is evidenced solely by a court-martial conviction and the court-martial convening authority has remitted or suspended a punitive discharge, forward case to the same convening authority for endorsement according to MILPERSMAN 3610200.5b.

d. Civilian Conviction

(1) Conviction by civilian authorities, or action taken which is equivalent to a finding of guilty, including similar adjudications in juvenile proceedings, when the specific circumstances of the offense warrant separation and, (1) a punitive discharge would be authorized for the same or closely related offense under the Manual for Courts-Martial, or (2) the sentence includes confinement for 6 months or more without regard to suspension or probation. In all cases, advise whether the member has appealed the conviction or not and, if not, the time limit within which member has to file an appeal. In addition, if the member has appealed, advise of its outcome or anticipated decision date.

(2) Separation processing may be initiated whether or not a member has filed an appeal of a civilian conviction or has stated an intention to do so. However, execution of an approved separation shall be withheld pending outcome of the appeal or until the time for appeal has passed, unless the Chief of Naval Operations, the Commandant of the Marine Corps, or the member has requested separation and such requests have been approved by the Secretary of the Navy, who may direct that the member be separated before final action in the appeal.

(3) Misconduct due to civilian conviction. If member is convicted of a felony which includes a sentence to confinement for more than 1 year (whether suspended or not) or an offense involving sexual perversion, processing is mandatory.

2. Counseling and Rehabilitation

a. Separation processing for a series of minor disciplinary infractions or a pattern of misconduct may not be initiated until the member has been counseled by their parent command concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. Only one counseling entry during the current enlistment by the parent command is required. Such efforts shall include the following and be documented in the member's service record by Page 13 entry (see NAVMILPERSCOMINST 1910.1).

(1) Written notification concerning deficiencies or impairments.

(2) Specific recommendations for corrective action indicating any assistance available.

(3) Comprehensive explanation of the consequences of failure to undertake successfully the recommended corrective action.

(4) Reasonable opportunity for the member to undertake the recommended corrective action.
b. Counseling and rehabilitation are not required if the reason for misconduct separation is commission of a serious offense, civilian felony, conviction or a similar juvenile adjudication.

3. Characterization or Description. Normally under Other Than Honorable Conditions, but characterization as General may be assigned when warranted. For respondents who have completed entry level status, characterization of service as Honorable is not authorized unless the respondent's record is otherwise so meritorious that any other characterization would be clearly inappropriate, and the separation is approved by Chief of Naval Personnel or higher authority. When characterization of service under Other Than Honorable Conditions is not warranted for a member in entry level status, the separation shall be described as Entry Level Separation.

4. Reduction in Rate. When a servicemember serving in pay grade E-4 or above is administratively separated with an Other Than Honorable characterization of service, the member shall be administratively reduced to pay grade E-3, such reduction to become effective upon separation.

5. Procedures

a. The Administrative Board Procedure (MILPERSMAN 3640300) shall be used; however, use of the Notification Procedure (MILPERSMAN 3640200) is authorized for use when processing members for misconduct due to minor disciplinary infractions.

b. When a member is processed for separation for a commission of a serious offense or civilian conviction, the Administrative Board Procedure (MILPERSMAN 3640300) shall be used.

c. Request that the member execute a signed Statement of Awareness and Request for or Waiver of Rights after his or her receipt of the Notice of Administrative Board Procedure Proposed Action. Use the Notification Procedure (MILPERSMAN 3640200) for members processed for misconduct due to minor disciplinary infractions.

d. Forward the processed case by letter of transmittal to Chief of Naval Personnel (Pers-83). Ensure the member's full name, rate and SSN have been indicated on each page of the case. Refer to NAVMILPERSCOMINST 1910.1 for the message submission option.

Note that if basis for misconduct is evidenced solely by a court-martial conviction and the court-martial convening authority has remitted or suspended a punitive discharge, forward case to the same convening authority for endorsement in accordance with MILPERSMAN 3610200.5.

e. Misconduct involving homosexuality shall be processed under MILPERSMAN 3630400. Misconduct involving a fraudulent entry shall be processed under MILPERSMAN 3630100. Misconduct involving drug abuse shall be processed under MILPERSMAN 3630620.

f. A member who is absent without authority may be processed under this article without returning to military control in the following circumstances:

(1) Absent without authority after receiving notice of initiation of separation processing.

(2) When prosecution of the member appears to be barred by the Statute of Limitations, Article 43 UCMJ, and the statute has not been tolled by any of the conditions set out in Article 43(d).

(3) When the member is an alien and appears to have gone to a foreign country where the United States has no authority to apprehend the member under treaty or other agreement.

g. A member of a reserve component who is on active duty and is within 2 years of becoming eligible for retired pay or retainer pay under a purely military retirement system, may not be involuntarily released from that duty before they become eligible for that pay, unless their release is approved by the Secretary of the Navy.

h. In such cases as described in subparagraphs f(2) and f(3) of paragraph 5, the Notice required in either MILPERSMAN 3640200 or 3640300 shall:

(1) Specify date (not less than 30 days from the date of delivery of the notice) in order to give the member the opportunity to return to military control and, if the member does not return to military control by such a date, that the separation process shall continue.

 (2) Be sent to the member by registered mail or certified mail, return receipt requested (or by an equivalent form of notice if such service by U.S. Mail is not available for delivery at an address outside of the United States) to the member's last known address or the next of kin.

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  • NAVY | DRB | 1997_Navy | ND97-01399

    Original file (ND97-01399.rtf) Auto-classification: Denied

    ND97-01399 Applicant’s Request The application for discharge review, received 970918, requested that the characterization of service on the discharge be changed to honorable, and the reason for the discharge be changed to “Medical condition”. If separation of a member in entry level status is warranted solely by reason of minor violations of the UCMJ, and the member's misconduct does not meet the eligibility requirements for processing due to a pattern of misconduct, or commission of a...

  • NAVY | DRB | 1997_Navy | ND97-01387

    Original file (ND97-01387.rtf) Auto-classification: Denied

    ND97-01387 Applicant’s Request The application for discharge review, received 970917, requested that the characterization of service on the discharge be changed to honorable. 910624: Discharged UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - Pattern of misconduct, authority: Naval Military Personnel Manual, Article 3630600. When a member is processed for separation for a commission of a serious offense or civilian conviction, the Administrative Board Procedure (MILPERSMAN 3640300)...