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.
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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