RECORD OF PROCEEDINGS

A record of proceedings is a summary of the facts and circumstances, accompanied by supporting documents, on which the recommendation of the administrative board is based, including a summary of the testimony of all witnesses heard at the board. In addition, it must contain the following:

l The identity of the members of the board

l The identity of the legal advisor, if assigned, and his or her qualifications

l The identity of the respondent's counsel and his or her qualifications

l The identity of the recorder

l A verbatim record of the board's findings and recommendation(s)

The findings and recommendations of the board must be verbatim and the entire record must be authenticated by the president of the board, or another member if the president is not available.

The respondent's counsel must be furnished with a copy of the record of proceeding. The counsel will indicate that he or she has examined the summary of the testimony heard and has examined all supporting documents in the record. If counsel is not in agreement, the counsel may send a statement of deficiencies to the CA for inclusion in the report of the administrative board. A sample format of the record of proceedings of an administrative board is contained in the MILPERSMAN, Article 3640350(7).

ACTION BY THE CONVENING AUTHORITY

If the CA determines that the respondent should be retained, the case may be closed. However, any case in which processing is mandatory according to the MILPERSMAN, the matter must be referred to the Chief of Naval Personnel for disposition.

If the CA decides that separation is warranted or separation processing is mandatory, the case is sent directly to the Chief of Naval Personnel for action. Any discharge recommendation must be signed by the CO personally; no By direction signature is authorized.

The CA will make and send to the Chief of Naval Personnel a recommendation with respect to (1) the specific reason(s) for separation, (2) the final action of retention, separation, or suspension of separation, (3) the characterization of service for those eligible for transfer to Fleet Reserve or Retired List and (4) the paygrade in which they should be transferred. The CA should not make a less favorable discharge characterization recommendation than what was made by the board.

Once all these requirements are met, the proceedings and all documents attached are sent by the CA via a letter of transmittal, as shown in the MILPERSMAN, Article 3640200(9).

PROCESSING GOALS

To make sure efficient administration of enlisted separations is maintained, SECNAV has established processing time goals. The following is the established processing goals for administrative separation cases: l By the date of expiration of current enlistment or fulfillment of service obligation for separations. . A total of 15 working days from the date a command notifies a member of the commencement of a separation proceeding to the date of separation when the notification procedure is used and the CO has authority to effect the separation. Commands will send the case by letter of transmittal to the Chief of Naval Personnel indicating the date of separation.

. A total of 30 working days from the date a command notifies a member of the commencement of a separation proceeding to the date of separation, when the notification procedure or administrative board procedure (no board convened) is used and the case is sent to the Chief of Naval Personnel for final action. Commands should send the letter of transmittal or message request within 10 days from the date the member is notified.

. A total of 50 working days from the date a command notifies a member of the commencement of a separation proceeding to the date of separation when 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 board's 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 Servicemen's 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 Navy's as well, A case that is processed properly makes for a smooth transition of events from the command to BUPERS. . .l a. ---