http://buperscd.technology.navy.mil/bup_updt/508/milpers/conversionCharts/milpersConvChart.htm
I found a chart which gave the NEW MILPERSMAN number for the OLD BUPERSMAN Articles.
The NEW number for 3830300 is SSIC #1920-160:
[Here, in its entirety]
1920-160
22 Aug 2002
Page 1 of 1
MILPERSMAN 1920-160
SEPARATION OF NAVAL RESERVE OFFICERS ON INACTIVE
DUTY
Responsible
Office
NAVPERSCOM
(PERS-91)
Phone: DSN 882-4482
COM (901) 874-4482
FAX 882-2753
Governing Directive SECNAVINST 1920.6A
1. Policy and Procedures. Policy and procedures pertaining to
this subject are contained in detail in the governing directive.
Here, we have found the correct document, but it contains NO information, other than telling us we should be looking at Secretary of the Navy Instruction. Below is a link to that document. Please note that this Instruction was promulgated in 1983, roughly five years after Kerry's 1978 DD214. Thus, it IS NOT the document under which the "Board of Officers" was convened. It is an 82 page PDF file.
http://dont.stanford.edu/regulations/secnav.pdf
Notwithstanding the fact that SECNAVINST 1920.6A is NOT the actual governing Instruction, I have included the following passages regarding Characterization of service:
GUIDELINES ON CHARACTERIZATION OF SERVICE
2. Characterization of Service
c. Other than Honorable. This characterization is
appropriate when the officer's conduct or performance of duty,
particularly the acts or omissions that give rise to reasons for
separation, constitute a significant departure from that
required of an officer of the naval service.
Examples of such
conduct or performance include acts or omissions which under
military law are punishable by confinement for six months or
more; abuse of a special position of trust; an act or acts which
bring discredit upon the armed services; disregard by a superior
of customary superior-subordinate relationships; acts or
omissions that adversely affect the ability of the military unit
or the organization to maintain discipline, good order and
morale or endanger the security of the United States or the
health and welfare of other members of the Armed Forces; and
deliberate acts or omissions that seriously endanger the
capability, security, or safety of the military unit or health
and safety of other persons.
[ Emphasis mine. I believe that Kerry's KNOWN actions with VVAW meet the above two criteria.]
d. Limitations
(1) Service will be characterized as Honorable when the
grounds for separation are based solely on preservice activities.
(2) Service will be characterized as Honorable when the
sole reason for discharge is personal abuse of drugs, as defined
in reference (f), and the evidence of the unlawful drug
involvement is developed as a result of the officer's
volunteering for treatment under a self-referral program for
treatment of drug abuse in accordance with reference (f).
(3) Conduct in the civilian community of a member of a
Reserve component who is not on active duty or on active duty
for training and was not wearing the military uniform at the
time of such conduct giving rise to separation may form the
basis for characterization of service as Other Than Honorable
only if the conduct directly affects the performance of military
duties and the conduct has an adverse impact on the overall
effectiveness of the service, including military morale and
efficiency.
[Kerry WAS a "member of a Reserve component," AND he WAS "not on active duty, but he WAS "wearing the military uniform at the time of such conduct." You will recall that Kerry was wearing castoff fatigues during the protests, medal toss, and his [perjured] sworn testimony to congress.]
At first blush, this case seems to be a certainty. Unfortunately, Kerry obtained an Ivy League LAW degree. Thus, it is not impossible that Kerry successfully argued that he had NOT been "in uniform."
I do not know whether Army type fatigues were a legitimate Navy uniform, at that time. Further, Kerry was not wearing any apparent symbols of rank or unit. He WAS, however wearing a set of "ribbons" (in lieu of medals) on his fatigues. Any of these could be used to claim that Kerry was "not in uniform," and therefore, was entitled to an "Honorable" discharge.
But, this is merely fact based speculation.
DG
From BUPERSINST 1001.39D dated 20 FEB 2001 (Enclosure (1) 1-5)(This instruction replaced the cited BUPERSMAN).
"Officers with fewer than 20 years of qualifying service may normally remain in the USNR-S2 for 1 to 3 years. After that time members will be screened and considered for discharge unless they:
(1) execute a Ready Reserve Service Agreement, if eligible.
(2) request transfer to the Retired Reserve, if eligible.
(3) are offered the option to remain on the Inactive Status List for an additional period of time.
(and a couple other unrelated reasons that I've edited out).
So what happened to Kerry was that he was in an inactive status and he didn't do anything (such as request resignation of his commission or to stay in the Reserves), so he was routinely processed out. It is a standard procedure that happens unless the officer in question request otherwise. (my background: Executive Officer of a Naval Reserve Center, Commanding Officer of 2 Reserve Centers and Personnel Director at a reserve regional command (covered all 17 reserve centers in 4 states)).