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


FOR OFFICIAL USE ONLY


ex-DN, USN
Docket No. ND06-00116

Applicant’s Request

The application for discharge review was received on 20051026. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests 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 20060 90 8 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to drug abuse.

---

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Documentation

Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

---

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR (DEP)     19940131 – 19940420               ELS
         Active: None

Period of Service Under Review :

Date of Enlistment: 19940426             Date of Discharge: 19960916

Length of Service (years, months, days):

         Active: 02 04 21
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 18

Years Contracted: 8

Education Level: 12                                 AFQT: 65

Highest Rate: DN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3. 5 (2)     Behavior: 3. 4 (2)        OTA: 3 .40

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214: National Defense Service Medal

---

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

GENERAL (UNDER HONORABLE CONDITIONS)/ MISCONDUCT, authority: MILPERSMAN, Article 3630620 .

Chronological Listing of Significant Service Events :

940426:  Commenced active duty for a period of 3 years.

960424:  NAVDRUGLAB, Great Lakes, IL, reported Applicant’s urine sample, received 960416, tested positive for cocaine.

960430:  Written counseling: writing c heck for insufficient funds. [extracted from Memorandum in reference to Statement of Performance, dtd May 2, 1996]

960502:  Memorandum from Applicant’s LPO in reference to Statement of
P erformance of Applicant .

960507:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine.
         Specification: In that DN C_ N. M_ (Applicant), USN, while on active duty, did, on or between 13 – 15 April 1996, wrongfully use cocaine.
Award: Forfeiture of $250.00 pay per month for 2 months, extra duty for 15 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

960507:  Counseled for deficiencies in performance and conduct. [Commanding Officer’s Mast on 7 May 1996 and was found guilty of VUCMJ Article 112a: Wrongful use of a controlled substance]. Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

960517:  Applicant notified of intended recommendation for discharge, the characterization of your service may be other than honorable by reason of misconduct due to drug abuse as evidenced by the following Commanding Officer’s Non Judicial Punishment under the Uniform Code of Military Justice (UCMJ) within the current enlistment: 07 May 96-Article 112a: Wrongful use of a controlled substance.

960523:  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.



960616: * Report of Administrative Board ICO DN C _ N. M _ . Administration Board recommended separation with General (Under Honorable Conditions). [note: Date in error, Admin Board convened on 960619].

960617:  Commanding Officer, Naval Dental Center, recommended to Chief of Naval Personnel that the Applicant be discharged general (under honorable conditions) by reason of misconduct due to drug abuse as evidenced by all punishments under the UCMJ in her current enlistment. Commanding Officer’s comments: “I recommend that DN M_ (Applicant) be separated from the Naval Service with a General discharge. DN M _ (Applicant)is not suitable for military duty due to her drug abuse finding at CO’s NJP. Retention of DN M_ (Applicant) would be most detrimental to good order and discipline and to the operation of this command. I do concur with the Board’s recommendation for a general discharge.”

960617:  Separation Authority MPM: 3630600& BUPERS Letter DTD 960617 Extracted from Applicant’s DD Form 214.

960619:  An Administrative Discharge Board, based upon a preponderance of the evidence for each allegation, the Board found that by a vote 3 to 0, the Applicant had committed misconduct due to drug abuse, that such misconduct warranted separation, and recommended discharge with a general (under honorable conditions).

960916:  DD Form 214: Applicant discharged this date with a characterization of General (Under Honorable Conditions) by reason of (Misconduct).

---

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960916 by reason of misconduct due to drug abuse (A and B) with a service characterization of general (under honorable conditions). 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).

The Applicant introduced no decisional issues for consideration by the Board.

There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for Sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by one nonjudicial punishment proceeding on 19960507, for violation of Article 112a of the UCMJ (Wrongful use of a controlled substance). The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general courts-martial for violation of the UCMJ, Article 112a, Wrongful use of a controlled substance.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .

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:

                  Secretary of the Navy Council of Review Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

---

BOARD MEMBERS RECORD OF VOTE

______________________________________________________________________________
NAME                       CHARACTER OF SERVICE     REASON FOR DISCHARGE

A. E. KOLKMEYER, LTCOL, USMC NO CHANGE   NO CHANGE
Presiding Officer

B.A. RUSSELL, CDR, USN NO CHANGE         NO CHANGE
Member

R.B. JAQUES, MAJ, USMC NO CHANGE         NO CHANGE
Member

L. J. LOFTON, LCDR, JAGC, USN NO CHANGE  NO CHANGE
Member

P.A. STARR, LCDR, USN NO CHANGE  NO CHANGE
Recorder

Recorder’s Signature:_____________________________________________


Presiding Officer’s Signature:_______________________________________

---

A. Navy Military Personnel Manual, (NAVPERS 15560C, Change 9/94, effective 940722 - 961002) Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE, states:

1. A member must be mandatorily processed for separation by reason of misconduct due to drug abuse based upon one or more military offenses or civil convictions (including actions that amount to findings of guilt, i.e., admission or entry in pretrial intervention or similar programs with civilian authorities) for the following:

a. Drug Abuse. The illegal or wrongful use or possession of a controlled substance(s).

b. Drug Paraphernalia. All equipment, products, and materials that are used, intended for use, or designed for use in injecting, ingesting, inhaling, or otherwise introducing into the human body controlled substances in violation of the law.

c. Drug Trafficking. The sale, transfer, or possession with intent to sell or transfer, controlled substance(s).

2. Characterization of Service

a. Normally Other Than Honorable.

b. Type warranted by service record (Honorable or General) or Entry Level Separation under guidance in Article 3610300 when:

(1) separation processing is based solely on urinalysis test (fitness for duty, and certain service directed tests) results which, under OPNAVINST 5350.4 ( Appendix A to enclosure (4)) may not be used to characterize service as Other Than Honorable; or

(2) separation processing is based solely on drug abuse divulged through the Voluntary Self-Referral Program which may not be used to characterize service as Other Than Honorable except as outlined in OPNAVINST 5330.4.

3. Procedures

a. The Administrative Board Procedure (Article 3640200) shall be used. However, a commanding officer may process a member under the Notification Procedure (Article 3640200) when separation is based solely on one of the two reasons listed in subparagraph 2b(1) and 2b(2) of this article.

b. The Administrative Board Procedure (Article 3640200) shall be used for inactive duty reservists who test positive for drugs during inactive duty training. Inactive duty reservists recalled to active duty who test positive for drugs at recall sites shall also be processed using the Administrative Board Procedure.

c. Chief of Naval Personnel (CHNAVPERS) is separating authority, except when separation is based solely on one of the two reasons listed in subparagraphs 2b(1) and 2b(2) of this article. In such cases, officers exercising special court-martial convening authority (SPCMCA) are delegated authority (see Article 3610220) to separate members if the member does not object to the separation. In cases where member objects to separation, CHNAVPERS (Pers-83) is Separation Authority.

d. Forward the processed case by letter of transmittal or message to Pers-83. Ensure member's full name, rate and SSN have been indicated on each page of the case. In those cases where the commanding officer effects the separation, indicate date and characterization of service or description of separation awarded. Refer to Article 3640200.11 for message submission option in those cases where member waives an Administrative Board, the commanding officer does not have authority to effect separation or member objects to separation.

Note that if basis for offense of drug abuse is evidenced solely by a court-martial conviction and the SPCMCA has remitted or suspended a punitive discharge, forward case to the same convening authority for endorsement according to Article 3610260.7b.

OPTIONAL FINDING

X. NAVADMIN 140/96 (CNO WASHINGTON DC message 062350Z JUN 96), announced changes to the SECNAVINST 1910.4B (Subj: Enlisted Administrative Separations), effective 06 June 1996, and states in part:

1. REF A HAS BEEN SIGNED, CHANGING THE ADMINISTRATIVE SEPARATION (ADSEP) PROCESS FOR ENLISTED PERSONNEL. I WILL BE ISSUING A CHANGE TO CHAPTER 36 OF THE MILPERSMAN (MPM) TO IMPLEMENT THE NEW AUTHORITY GRANTED, ALONG WITH OTHER CHANGES TO HELP REDUCE OUR TRANSIENT POPULATIONS AND MAKE THE ADSEP PROCESS EASIER. IN THE MEANTIME, THIS MESSAGE ANNOUNCES AND AUTHORIZES IMMEDIATE CHANGES TO CURRENT PROCEDURES AND POLICIES. THIS NAVADMIN IS ORGANIZED AS FOLLOWS:

A.       PROCESSING PROCEDURES (PARA 2)
B.       SEPARATION AUTHORITIES (PARA 3)
C.       POLICY CHANGES (PARA 4)
D.       RECORDS KEEPING (PARA 5)

2.       PROCESSING PROCEDURES.

A. ALL COMMANDING OFFICERS AND THEIR SUPERIORS IN THE CHAIN OF COMMAND, ALONG WITH CERTAIN OFFICERS-IN-CHARGE (SPECIALLY DESIGNATED) ARE SPECIAL COURT-MARTIAL CONVENING AUTHORITIES (SPCMCA). SPCMCA'S ARE NOW AUTHORIZED TO DETERMINE WHICH SEPARATION PROCESSING PROCEDURES ARE APPROPRIATE IN A PARTICULAR CASE. THERE ARE TWO PROCESSING PROCEDURES: NOTIFICATION (NO ADMIN SEPARATION BOARD) AND ADMINISTRATIVE BOARD PROCEDURES. IF THE OFFENSE OR THE CIRCUMSTANCES SURROUNDING THE OFFENSE ARE SUCH THAT AN OTHER-THAN-HONORABLE (OTH) DISCHARGE IS NOT WARRANTED, THE SPCMCA IS AUTHORIZED TO USE NOTIFICATION PROCEDURES (MPM 3640200.5/6). IF AN INDIVIDUAL PROCESSED UNDER NOTIFICATION PROCEDURES IS SEPARATED, THE LEAST FAVORABLE CHARACTERIZATION OF DISCHARGE WILL BE A GENERAL DISCHARGE. THIS AUTHORITY IS LIMITED TO SEPARATION PROCESSING BASED ON MISCONDUCT DUE TO COMMISSION OF A SERIOUS OFFENSE (MPM 3630600.lC/D), A PATTERN OF MISCONDUCT (MPM 3630600.lB), OR CIVIL CONVICTIONS (MPM 3630600.lE/F) BUT NOT INCLUDING THE TYPES OF MISCONDUCT OUTLINED IN PARA 2B BELOW; SECURITY (3630700); OR UNSATISFACTORY PARTICIPATION IN THE INDIVIDUAL READY RESERVE (IRR) (MPM 3630800). THIS PROCEDURAL CHANGE ELIMINATES THE NEED FOR CONDITIONAL WAIVERS PREVIOUSLY ADVERTISED IN NAVADMIN 121/96.

B. ADMIN BOARD PROCEDURES MUST STILL BE USED FOR ALL SEPARATION CASES INVOLVING MANDATORY PROCESSING. THESE ARE:

(1) HOMOSEXUAL CONDUCT - (MPM 3630400),
(2) MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE OR A CIVIL
CONVICTION (MPM 3630600) WHEN:

(A) MISCONDUCT RESULTS IN, OR HAS THE POTENTIAL TO RESULT IN DEATH OR SERIOUS BODILY INJURY;

(B) MISCONDUCT IS THE RESULT OF SEXUAL PERVERSION (LEWD AND LASCIVIOUS ACTS; SODOMY, INCLUDING FORCIBLE HETEROSEXUAL OR CHILD MOLESTATION; AND INDECENT ASSAULT, ACTS, OR EXPOSURE;

(C) ACTS AGAINST THE SECURITY OF THE NAVY OR THE NATION, INCLUDING VIOLATIONS OF UCMJ ART 94 (MUTINY AND SEDITION), 99 (MISBEHAVIOR BEFORE ENEMY), 100 (SUBORDINATE COMPELLING SURRENDER), 101 (IMPROPER USE OF COUNTERSIGN), 102 (FORCING SAFEGUARD), 104 (AIDING THE ENEMY), 106 (SPYING), 106A (ESPIONAGE), AND 113 (MISBEHAVIOR OF SENTINEL OR LOOKOUT IN TIME OF WAR); OR (D) SEXUAL HARASSMENT INVOLVING THREATS OR ATTEMPTS TO INFLUENCE ANOTHER'S CAREER OR JOB FOR SEXUAL FAVORS, REWARDS IN EXCHANGE FOR SEXUAL FAVORS, OR PHYSICAL CONTACT OF A SEXUAL NATURE WHICH COULD RESULT IN A PUNITIVE DISCHARGE IF PUNISHED UNDER THE UCMJ.

(3) MISCONDUCT DUE TO DRUG ABUSE (MPM 3630620).

3. SEPARATION AUTHORITIES (AUTHORITY SENIOR TO THOSE LISTED BELOW MAY ALSO SERVE AS SEPARATION AUTHORITY FOR THE REASONS LISTED):

A. SPCMCA'S ARE THE SEPARATION AUTHORITY WHEN MEMBERS ARE PROCESSED FOR SEPARATION BY REASON OF:

(1) OTHER DESIGNATED PHYSICAL OR MENTAL CONDITIONS (MPM 3620200).
(2) REVIEW ACTION (MPM 3620200).
(3) DEPENDENCY OR HARDSHIP (MPM 3620210).
(4) PARENTHOOD (MPM 3620215).
(5) PREGNANCY OR CHILDBIRTH (MPM 3620220).
(6) PERSONALITY DISORDER (MPM 3620225).
(7) SURVIVING FAMILY MEMBER (MPM 3620240).
(8) RESERVIST BECOMES A MINISTER (NEW REASON FOR ADSEP).
(9) WEIGHT CONTROL FAILURE (MPM 3620260).
(10) ENTRY LEVEL PERFORMANCE AND CONDUCT (MPM 3630200).
(11) DRUG ABUSE REHABILITATION FAILURE (MPM 3630500).
(12) ALCOHOL ABUSE REHABILITATION FAILURE (MPM 3630550).
(13) DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS (MPM
3620280).
(14) DEFECTIVE ENLISTMENTS AND INDUCTIONS - MINORITY (MPM 3620285).
(15) DEFECTIVE ENLISTMENTS AND INDUCTIONS - DEFECTIVE ENLISTMENT AGREEMENTS (MPM 3620283).
(16) DEFECTIVE ENLISTMENTS AND INDUCTIONS - SEPARATION FROM DELAYED ENTRY PROGRAM (3630810).
(17) SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL, ONLY WHEN THE REQUEST IS BASED SOLELY ON AN UNAUTHORIZED ABSENCE OF 30 DAYS OR MORE.

B. SPCMCA'S MAY ALSO SERVE AS SEPARATION AUTHORITY WHEN A MEMBER IS PROCESSED FOR SEPARATION FOR ONE OF THE REASONS LISTED IN PARA 3C BELOW, PROVIDED:

(A) NOTIFICATION PROCEDURES ARE USED, OR

(B) ADMINISTRATIVE BOARD PROCEDURES ARE USED AND THE
ADMINISTRATIVE BOARD RECOMMENDS SEPARATION WITH AN HONORABLE, GENERAL, OR ENTRY LEVEL SEPARATION.

C. GENERAL COURT-MARTIAL CONVENING AUTHORITIES (GCMCA'S) ARE THE SEPARATION AUTHORITY FOR SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL (MPM 3630650) (EXCEPT FOR HOMOSEXUAL CONDUCT CASES, WHICH MUST BE FORWARDED TO CHNAVPERS, AND CASES IN WHICH THE SPCMCA SEPARATES PER PARA 3A(17) ABOVE). GCMCA'S ALSO SERVE AS SEPARATION AUTHORITY WHEN MEMBERS ARE PROCESSED FOR THE REASONS LISTED BELOW IF ADMINISTRATIVE BOARD PROCEDURES ARE USED AND THE BOARD RECOMMENDS AN OTH OR RETENTION, OR THE MEMBER WAIVES THE BOARD:

(1) DEFECTIVE ENLISTMENTS AND INDUCTIONS - FRAUDULENT ENTRY INTO THE NAVAL SERVICE (MPM 3630100).
(2) MISCONDUCT - PATTERN OF MISCONDUCT (MPM 3630600).
(3) MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE (MPM 3630600).
(4) MISCONDUCT - CIVILIAN CONVICTION (MPM 3630600).
(5) MISCONDUCT - DRUG ABUSE (MPM 3630620).
(6) UNSATISFACTORY PARTICIPATION IN THE READY RESERVE (MPM 3630800).

D. CHIEF OF NAVAL PERSONNEL (CHNAVPERS) IS THE SEPARATION
AUTHORITY WHEN MEMBERS ARE PROCESSED FOR SEPARATION BY REASON OF:

(1) EARLY RELEASE TO FURTHER EDUCATION (MPM 3620235).
(2) SELECTED CHANGES IN SERVICE OBLIGATIONS (GENERAL
DEMOBILIZATION OR REDUCTION IN AUTHORIZED STRENGTH) (MPM 3620100).
(3) SELECTED CHANGES IN SERVICE OBLIGATION (ACCEPTANCE OF AN
ACTIVE-DUTY COMMISSION OR APPOINTMENT, OR ACCEPTANCE INTO A PROGRAM LEADING TO SUCH A COMMISSION OR APPOINTMENT IN ANY BRANCH OF THE MILITARY SERVICE) (MPM 3620100).
(4) CONSCIENTIOUS OBJECTION (MPM 1860120).
(5) HOMOSEXUAL CONDUCT (MPM 3630400).
(6) ANY BASIS FOR SEPARATION WHEN THE SERVICEMEMBER HAS 18 YEARS OR MORE OF TOTAL ACTIVE FEDERAL MILITARY SERVICE (TAFMS).
(7) MISCONDUCT CASES WHEN THE SERVICEMEMBER HAS PHYSICAL EVALUATION BOARD (PEB) ACTION COMPLETED OR PENDING.
(8) FRAUDULENT ENLISTMENT WHEN THE PROCESSING COMMAND IS
RECOMMENDING A WAIVER OF PROCESSING AND RETENTION OF THE
SERVICEMEMBER.

E. THE SECRETARY OF THE NAVY IS THE SEPARATION AUTHORITY WHEN MEMBERS ARE PROCESSED BY REASON OF:

(1) BEST INTEREST OF THE SERVICE (BIOTS) (MPM 3630900).
(2) DISABILITY (MPM 3620270).
(3) ALL CASES INVOLVING RESERVISTS WITHIN 2 YEARS OF ELIGIBILITY FOR RETIRED OR RETAINER PAY.
(4) ALL CASES WHEN THE SOLE BASIS FOR PROCESSING IS AN SPCM/GCM CONVICTION THAT DID NOT INCLUDE A PUNITIVE DISCHARGE, AND
THE PROCESSING COMMAND RECOMMENDED AN OTH.
(5) ALL MISCONDUCT CASES BASED SOLELY ON CIVIL CONVICTION(S)
WHEN FINAL ACTION ON THE MEMBER'S APPEAL HAS NOT BEEN TAKEN (UNLESS THE SERVICEMEMBER REQUESTS SEPARATION BEFORE FINAL ACTION ON THE APPEAL).

4. POLICY CHANGES.

(A) THE REQUIREMENT FOR THE SENIOR MEMBER OF AN ADMIN BOARD TO BE AN ACTIVE DUTY LIST OFFICER IS DELETED. TAR AND STAFF CORPS OFFICERS ARE NOW PERMITTED TO SERVE AS SENIOR MEMBERS OF ADMIN BOARDS. THE REQUIREMENT THAT ONE MEMBER BE A LINE OFFICER SERVING IN PAYGRADE 04 OR ABOVE IS DELETED. HOWEVER, THE SENIOR MEMBER MUST STILL BE IN PAYGRADE 04 OR ABOVE.

(B) A PATTERN OF MISCONDUCT IS RECLASSIFIED AS TWO OR MORE NJP'S, COURTS-MARTIAL, OR CIVIL CONVICTIONS (OR COMBINATION THEREOF) WITHIN THE CURRENT ENLISTMENT (MPM 3630600.lB). A NAVPERS 1070/613 COUNSELING/WARNING IS STILL REQUIRED PER MPM 3610260.

(C) THE REQUIREMENT TO HAVE CHNAVPERS APPROVAL FOR TEMDU TRANSFERS IN CONNECTION WITH ADSEP AND/OR DISCIPLINARY ACTION IS DELETED. THE TRANSFERRING COMMAND, WITH ISIC APPROVAL, NEED ONLY OBTAIN THE GAINING COMMAND'S CONCURRENCE FOR THE TEMDU TRANSFER.

5. RECORD-KEEPING. ADSEP CASES WILL CONTINUE TO BE FORWARDED TO BUPERS AFTER THE SEPARATION AUTHORITY'S FINAL ACTION ON THE CASE FOR REVIEW AND FILING IN THE SERVICEMEMBER'S PERMANENT RECORD. A COPY OF THE SERVICEMEMBER'S DD-214 (RECORD OF DISCHARGE) SHOULD ACCOMPANY THE ADSEP PACKAGE IF THE SERVICEMEMBER WAS SEPARATED LOCALLY.