Replies

Here's 10 U.S.C.S. 1162 and 1163.. Both have since been repealed in 1994. Note 1163.

§ 1162. Reserves; discharge

(a) Subject to other provisions of this title [10 USCS §§ 101 et seq.], reserve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned.

(b) Under regulations to be prescribed by the Secretary of Defense, a Reserve who becomes a regular or ordained minister of religion is entitled upon his request to a discharge from his reserve enlistment or appointment.

10 USCS § 1163 (1992)

§ 1163. Reserve components: members; limitations on separation

(a) An officer of a reserve component who has at least three years of service as a commissioned officer may not be separated from that component without his consent except under an approved recommendation of a board of officers convened by an authority designated by the Secretary concerned, or by the approved sentence of a court-martial. This subsection does not apply to a separation under subsection (b) of this section or under section 1003 of this title [10 USCS § 1003], to a dismissal under section 1161 (a) of this title [10 USCS § 1161(a)], or to a transfer under section 3352 or 8352 of this title [10 USCS § 3352 or 8352].

(b) The President or the Secretary concerned may drop from the rolls of the armed force concerned any Reserve (1) who has been absent without authority for at least three months, or (2) who is 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.

(c) A member of a reserve component who is separated therefrom for cause, except under subsection (b), is entitled to a discharge under honorable conditions unless--

(1) he is discharged under conditions other than honorable under an approved sentence of a court-martial or under the approved findings of a board of officers convened by an authority designated by the Secretary concerned; or

(2) he consents to a discharge under conditions other than honorable with a waiver of proceedings of a court-martial or a board.

(d) Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a reserve component who is on active duty (other than for training) and is within two 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 he becomes eligible for that pay, unless his release is approved by the Secretary.

interesting from another thread bupers refers to letters of resignation..

BUPERSMAN 3830300
Section 38303xx is the section dealing with procedures for letters of resignation. Don't bother getting to excited over the U.S. codes and BUPERSMAN. Every action that the Navy takes (i.e. every document) will cite an authority, and these will generally be pretty .."general".

Example

More "interesting" history. BUPERS used to be "The Bureau of Personnel, or maybe B. of Naval P., can't recall. So "BUPERS" regs were simply directives from the DoN Personnel department. Then they changed it to NMPC (Naval Manpower & Personnel Command) and kept the BUPERS instructions as BUPERSMAN (because the old salts hated NMPC so much they declined to change the title of the documents).

SFS

67 posted on 10/13/2004 2:09:50 AM PDT by Steel and Fire and Stone

Board Review of discharges 1984-long read..there also was a Clemency discharge brought about by Pres Ford 1974 (deserters)..pertinent part(bottom of post) deals with reserve civilian misconduct..also mentions separation and discharge for officers..Board decisions are available in the Pentagon Reading room but names and other identifying info are redacted so I don't know how one could find it..

http://usmilitary.about.com/gi/dynamic/offsite.htm?site=http://neds.nebt.daps.mil/Directives/5420174c.pdf

9.2 Propriety of the Discharge

a. A discharge shall be deemed to be proper unless, in the course of

discharge review, it is determined that:

(1) There exists an error of fact, law, procedure, or discretion

associated with the discharge at the time of issuance; and that the rights of

the applicant were prejudiced thereby (such error shall constitute prejudicial

error if there is substantial doubt that the discharge would have remained the

same if the error had not been made); or

(2) A change in policy by the military service of which the

applicant was a member, made expressly retroactive to the type of discharge

under consideration, requires a change in the discharge.

b. When a record associated with the discharge at the time of issuance

involves a matter in which the primary responsibility for corrective action

rests with another organization (for example, another Board, agency, or

court), the NDRB will recognize an error only to the extent that the error has

been corrected by the organization with primary responsibility for correcting

the record.

L

c. The primary function of the NDRB is to exercise its discretion on

issues of equity by reviewing the individual merits of each application on a

case-by-case basis. Prior decisions in which the NDRB exercised its

discretion to change a discharge based on issues of equity (including the

Enclosure (1)

9-1

factors cited in such decisions or the weight given to factors in such

decisions) do not bind the NDRB in its review of subsequent cases because no

two cases present the same issues of equity.

d. The following applies to applicants who received less than fully

honorable administrative discharges because of their civilian misconduct while

in an inactive duty status in a reserve component and who were discharged or

had their discharge reviewed on or after April 20, 1971: the NDRB shall

either re characterize the discharge to Honorable without any additional

proceedings or additional proceedings shall be conducted in accordance with

the Court’s Order of December 3, 1981, in Wood v. Secretary of Defense to

determine whether proper grounds exist for the issuance of a less than

honorable discharge, taking into account that:

(1) An other than honorable (formerly undesirable) discharge for an

inactive duty reservist can only be based upon civilian misconduct found to

have affected directly the performance of military duties;

(2) A general discharge for an inactive duty reservist can only be

based upon civilian misconduct found to have had an adverse impact on the

overall effectiveness of the military, including military morale and efficiency