SBD
Admiral
Joined: 19 Aug 2004
Posts: 1022
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 Posted: Thu Oct 14, 2004 1:44 am Post subject: Does anyone have info for SECNAVINST 1920.6A in 1978 |
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Here's what I have found regarding BUPERSMAN 3830300
According to the document below BUPERSMAN 3830300 which is listed on Kerry's Discharge was converted to MILPERSMAN 1920-160
http://66.135.39.97/conver.pdf
MILPERSMAN 1920-160
SEPARATION OF NAVAL RESERVE OFFICERS ON INACTIVE DUTY
Responsible Office NAVPERSCOM (PERS-91)
Governing Directive SECNAVINST 1920.6A
1. Policy and Procedures. Policy and procedures pertaining to this subject are contained in detail in the governing directive.
http://66.135.39.97/1920-1.pdf
Now I am looking for SECNAVINST 1920.6A that was in effect in 1978.
I have found a Directive from 1983 but not 1978.
http://66.135.39.97/secnav.pdf
Here is what the 1983 section says in regards to 1163
Dropping from the Rolls
a. Under sections 1161, 1163 and 6408 of reference (a), the President or the Secretary bf the Navy, depending upon the applicable statute, may drop from the rolls of an Armed Force a Regular or Reserve officer who:
(1) has been absent without authority for at least three months, or
(2) has been sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
b. Action to initiate dropping an officer from the rolls shall normally be undertaken by the Chief of Naval Personnel or the Commandant of the Marine Corps, on a case-by-case basis, after a finding that one or both of the above conditions exist, and that the return of the officer to military control for processing for separation for cause under this instruction will serve no useful purpose.
(1) Dropping from the rolls of officers of Regular components or Reserve officers of flag or general rank will be accomplished by action of the President.
(2) Dropping from the rolls of officers of Reserve components, other than officers of flag grade, will be accomplished by action of the Secretary.
c. Neither a hearing nor a Board is required in order to drop an officer from the rolls. However, the officer so considered shall be notified of such prospective adverse action
(or reasonable efforts shall be made to provide such notification if actual notification cannot be made) and provided the opportunity to respond within 30 days of receipt of
notification. Upon completion of the dropping from the rolls action, notification will be addressed to the officer concerned. No certificate of discharge is issued upon separation by dropping from the rolls since such service is not characterized. For purpose of any Federal benefit based upon characterization of service, dropping from the rolls shall be considered as a discharge under Other Than Honorable conditions. Except for members who are absent without authority, members who are entitled to retired pay may not be dropped from the rolls unless they are ineligible to receive their retired pay under authority of subchapter II, chapter 83, Title 5, United States Code.
9. Special Provisions
a. No officer shall be discharged under Other Than Honorable conditions, pursuant to this instruction, without first being afforded the opportunity to have his or her case heard before a Board of Inquiry.
b. If proceedings by a Board of Inquiry are mandatory in order to release an officer from active duty or discharge, such action will not be taken except upon the approved recommendation of such a board.10.
Limitations
Subject to subparagraph 10c, for a separation because of Substandard an officer who is processed Performance of Duty
(subparagraph 1a of enclosure (3)) or Parenthood (paragraph 6 of enclosure (3)) and who is determined to have established that he or she should be retained on active duty may not again be processed for separation for the same reasons within the one year period beginning on the date of that determination.
b. Subject to subparagraph 10c, an officer who is processed for separation for Misconduct, Moral, or Professional Dereliction (subparagraph 1b of enclosure (3)) or in the
Interest of National Security (subparagraph 1c of enclosure (3)) and who is determined to have established that he or she should be retained on active duty may again be required to show cause for retention at any time.
c. An officer may not again be processed for separation under subparagraphs 10a or b solely because of performance or conduct which was the subject of previous proceedings, unless the findings and recommendations of the board that considered the case are determined to have been obtained by fraud or collusion.
d. Whenever evidence of preservice misconduct is presented to a board, the board may consider it only for the purpose of deciding whether to recommend separation or retention of the respondent. Such evidence shall not be used in determining the recommendation for characterization of service. The board shall affirmatively state in its report that such evidence was considered only for purposes of determining whether it should recommend retention or separation of the officer.
e. Performance or conduct identified more than five years prior to the initiation of processing for separation under paragraph 2 of this enclosure shall not form the basis for processing under this enclosure.
If anyone has information, please post it here. In the meantime, I will keep looking.
SBD |
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