Page images
PDF
EPUB

pabilities. The command effecting such discharge should summarize on page 13 of the service record the considerations which support the general discharge, such as concealment or misrepresentation of defects or deficiencies in making application for enlistment which were not considered sufficiently serious to warrant processing under § 730.13, a record of disciplinary infractions in training, culpable failure to conform to minimum standards for recruit or reserve training, or poor attitude.

(c) Undesirable discharge. An undesirable discharge is an administrative separation from the service under conditions other than honorable. It is issued for unfitness, misconduct, or security reasons.

(d) Bad conduct discharge. A bad conduct discharge is a separation from the service under conditions other than honorable. A bad conduct discharge may be given only by approved sentence of general or special courtsmartial.

(e) Dishonorable discharge. A dishonorable discharge by its own connotation is a separation from the service under dishonorable conditions. Dishonorable discharges may be given

only by approved sentences of general courts-martial and are appropriate for serious offenses warranting dishonorable separation as included punish ment.

[24 FR 7441, Sept. 16, 1959, as amended at 26 FR 9529, Oct. 10, 1961; 31 FR 10186, July 28, 1966]

§ 730.3 Summary of matters relating to discharges of enlisted and inducted personnel.

(a) The following tables of matters relating to discharges are furnished as a handy summary. More detailed instructions are contained in referenced sections of this part and articles of the Bureau of Naval Personnel Manual. The entries in the columns "Mileage," "Transportation in kind” and "Cash allowance" are shown for convenience but shall not be consid ered as authoritative. The Joint Travel Regulations, U.S. Navy Travel Instructions, and the Navy Comptroller Manual, as appropriate, should be consulted in such matters.

(1) Table of matters relating to hon. orable and general discharges. (Arti- | cles referred to are articles of the Bureau of Naval Personnel Manual.)

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[blocks in formation]

1 Unless discharged to accept direct commission or appointment as an officer or warrant officer, persons who have served ss than six months on active duty subsequent to last authorization to an initial clothing allowance may retain only one omplete uniform. (See § 730.16(d).)

2 Reenlistment bonus is to be recouped in the case of separation by reason of disability resulting from misconduct, willful eglect, or incurred during a period of unauthorized absence.

Reenlistment bonus is to be recouped in the case of women members whose marriage constitutes the sole basis for such ischarge, and in other cases when specifically directed by the Chief of Naval Personnel under the special and unusual ircumstances discussed in article A-4204.

"When directed by Chief of Naval Personnel.

(2) Table of matters relating to undesirable, bad conduct, and dishonorable discharges. (Articles referred to are articles of the Bureau of Naval Personnel Manual.)

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

[24 FR 7442, Sept. 16, 1959, as amended at 28 FR 590, Jan. 23, 1963]

§ 730.4 Separation of enlisted personnel by reason of expiration of enlistment, fulfillment of service obligation, or expiration of tour of active service.

(a) Unless voluntarily or involuntarily retained beyond normal expiration of term of service as provided in this section or in applicable directives promulgated by the Secretary of the Navy or the Chief of Naval Personnel, enlisted and inducted personnel of the Regular Navy and enlisted personnel of the Naval Reserve serving on active duty shall be separated as follows:

(1) Expiration of enlistment. Discharge upon normal date of expiration of enlistment, extension of enlistment, or period of induction, provided that the individual does not have an additional service obligation as set forth in article C-1402 of the Bureau of Naval Personnel Manual. See paragraph (b) of this section for action to be taken if

the individual has such an additional service obligation.

(2) Fulfillment of service obligation. Discharge upon fulfillment of service obligation acquired under the provisions of section 4(d) of the Universal Military Training and Service Act as amended (50 U.S.C. App. 454(d), 10 U.S.C. 651), provided no portion of the contractual enlistment or extension thereof remains to be served. Article C-10320 of the Bureau of Naval Personnel Manual contains information as to the requirements for fulfillment of service obligation.

(3) Expiration of tour of active service. Release to inactive duty upon completion of period of active obligated service or period of such service as voluntarily or involuntarily extended. (Applicable to Naval Reservists who have time remaining in their enlistment contract and/or who have an additional service obligation as set forth

in article C-1402 of the Bureau of Naval Personnel Manual).

(b) Regular Navy personnel, including inductees, having an additional service obligation remaining upon completion of their enlistment, extension of enlistment, or period of induction shall, if otherwise eligible therefor, be transferred to the Naval Reserve and released to inactive duty in accordance with the provisions of article C-10319 of the Bureau of Naval Personnel Manual. Exceptions to the foregoing are those cases in which the individual desires, and is accepted for, immediate reenlistment in the Regular Navy in which event discharge will be effected in accordance with applicable instructions. See also article C1407 of the Bureau of Naval Personnel Manual and implementing directives regarding extensions of enlistment. Such discharge and reenlistment or extension of enlistment do not relieve the individual of his service obligation. Time served in the reenlistment or extension of enlistment will be counted toward fulfillment of the service obligation. Members of the Naval Reserve having an additional service obligation remaining upon completion of enlistment or extension of enlistment shall, if eligible therefor, be retained in the Naval Reserve to complete the service obligation.

(c) Conditions allowing early separation within 3 months of normal expiration of term of service are set forth in article C-10317 of the Bureau of Naval Personnel Manual.

(d) The normal date of expiration of a two, three, four, or six-year enlistment is respectively, the day preceding the second, third, fourth, or sixth anniversary of the date of enlistment, as adjusted for the purpose of making up any time lost from the enlistment. (10 U.S.C. 972; see § 730.4a.) The normal date of expiration of a minority enlistment is the day preceding the individual's twenty first birthday as adjusted for the purpose of making up any time lost from the enlistment.

(e) Retention beyond normal expiration of enlistment or term of service: Under certain conditions personnel may legally be retained beyond date of expiration of enlistment or other period of obligated service, either vol

untarily or involuntarily, until dis charge, release to inactive duty, or transfer to the Naval Reserve and release to inactive duty is accomplished. Whenever a person is retained in serv ice beyond expiration of enlistment, or other period of obligated service, entry as to the reason and authority for the retention shall be made on appropri ate page of the person's service record and signed in accordance with article B-2305 of the Bureau of Naval Personnel Manual. Enlisted personnel may be held beyond expiration of their enlistment or other period of obligated serv ices for any of the following reasons as applicable:

(1) Voluntary extension of enlist ment. Enlisted personnel may execute a voluntary agreement to extend enlistment in accordance with the provisions of article C-1407 of the Bureau of Naval Personnel Manual and imple menting instructions.

(2) Ship outside continental limits. The normal date of expiration of enlistment or extension of enlistment of a person serving aboard a ship in foreign waters may be extended until return of the ship to a continental port of the United States, or until transfer of the person concerned to the separation activity nearest the port of debarkation. Retention for return to the United States may be ef fected upon voluntary request of the individual concerned or it may be effected by the senior officer present afloat if, in his opinion, the retention is essential to the public interests. Persons so retained shall be separated not later than 30 days after arrival in the United States. In order to be entitled to the increase of 25 percent in basic pay for the period of retention (10 U.S.C. 5540), the member must have been retained after the expiration of enlistment or extension of enlistment because his services were considered essential to the public interests as differentiated from desirability of the continuance of his services or some measure of benefit to be derived therefrom. (Specifically excluded from this provision are enlisted persons who are retained beyond the terms of their enlistments at shore stations, on ships on duty in waters in or around possessions and territories of the United

otherwise provided in this subparagraph, an enlisted member sentenced to punitive discharge must be retained in the service to await completion of appellate review of his court-martial case even though the period of confinement, if any, adjudged under the sentence has been served, and his enlistment or other period of obligated active service has expired. Unless the member is confined, the service record entry prepared to reflect such retention beyond expiration of enlistment or other obligated active service should state the nature of duties performed by the member and the average number of hours daily his services are utilized while he is so retained. Nothing stated in this subparagraph is to be construed as precluding the members' administrative separation when directed by the Chief of Naval Personnel, or the granting of leave to the member in accordance with current instructions (see SecNav Instruction 1050.3 (§ 719.206 of this chapter) or revision thereof) to await completion of appellate review of his case.

(10) Retention as party to a court of inquiry. When an enlisted member has been named a party to a court of inquiry, and the proceedings have been entered upon prior to the expiration of enlistment or term of obligated service, the individual may be retained in the service as a party to the said court of inquiry, and for resultant trial if such is indicated.

(11) Voluntarily making up lost time. Enlisted personnel who before 24 July 1956 lost time in excess of 24 consecutive hours from their enlistments or enlistments as extended due to unauthorized absence, confinement, or nonperformance of duty (civil arrest) as defined in paragraph 044019-1 of the Navy Comptroller Manual (§ 719.203 of this chapter) may be permitted to make up such lost time in order to complete the term for which they enlisted or extended their enlistments. In order to be valid, application to make up lost time must be submitted by the individual and approved by or on behalf of the commanding officer prior to expiration of the enlistment or extension of enlistment during which the time was lost. Appropriate entry shall be made on the ad

ministrative remarks page of the service record which shall reflect the date on which the application was approved.

(12) Mandatorily making up lost time. Instructions concerning mandatorily making up lost time due to sickness misconduct occurring before, on, or after July 24, 1956, and unauthorized absence, confinement, and nonperformance of duty (civil arrest) occurring on or after July 24, 1956, are contained in § 730.4a.

(f) Indebtedness: An individual who is otherwise eligible for separation will not be retained beyond his normal expiration of obligated service date to satisfy an indebtedness to the Government (or to an individual), or for the purpose of obtaining remission of indebtedness.

[24 FR 7442, Sept. 16, 1959, as amended at 29 FR 3141, Mar. 7, 1964; 29 FR 18280, Dec. 24, 1964]

§ 730.4a Time lost which must be made up.

(a) Persons required to make up lost time. Pursuant to Title 10, United States Code, section 972, enlisted members of the Regular Navy and Naval Reserve who are otherwise eligible to be separated from active duty upon:

(1) Expiration of enlistment, including a minority enlistment or an enlistment as extended;

(2) Completion of the period for which inducted;

(3) Completion of an additional service obligation (Bureau of Naval Personnel Manual, article C-1402(3));

(4) Completion of extended active duty or active duty for training in excess of thirty days;

who have lost time from their current enlistment or other current period of obligated service due to unauthorized absence, confinement, nonperformance of duty (civil arrest), or sickness misconduct as defined in paragraph (b) of this section, shall be required to make up such lost time dayfor-day before being separated. As used herein, the term "separated from active duty" includes discharges and releases to inactive duty. Members who are in confinement at the time

90-111 0-82--23

their enlistment or other period of obligated service would otherwise expire shall be required, upon their release from confinement, to make up the time they lost unless appellate review and any applicable clemency action by the Secretary of the Navy (see SecNav Instruction 5815.3 (§ 719.205 of this chapter) or revision thereof) have been completed and a punitive discharge is to be executed. Members awaiting execution of a punitive discharge who are not in confinement when their enlistment or other obligated service expires shall also be required to make good lost time pending completion of appellate review and clemency action unless they are granted leave in accordance with current instructions (See SecNav Instruction 1050.3 (§ 719.206 of this chapter or revision thereof) to await completion of appellate review. The requirement to make up lost time does not apply to Fleet Reservists, retired personnel, or to members who are to be separated for reasons other than those set forth in paragraphs (a) (1), (2), (3), and (4) of this section.

(b) Definitions. In computing lost time which must be made good, the following definitions apply:

(1) Unauthorized absence is a period of absence in excess of 24 consecutive hours without leave or liberty, over leave or liberty, or in desertion occurring on or after July 24, 1956, unless excused by competent authority as unavoidable. Such periods of unauthorized absence which are clearly reflected in the service record or other official Navy records kept for administrative purposes must be made up regardless of whether the member is tried and convicted of being absent for any or all of the periods involved. When these records do not clearly reflect the duration of the unauthorized absence, the findings of the court-martial in the premises shall be considered in determining the period of absence which must be made up: Article C-7802(4) of the Bureau of Naval Personnel Manual sets forth instructions concerning termination of periods of unauthorized absence. Periods of unauthorized absence over annual, reenlistment, or emergency leave, including leave granted in connection with

transfer orders, which are excused as unavoidable, shall be charged day-forday against leave, and leave rations shall be paid in accordance with article A-4404(7), Bureau of Naval Personnel Manual.

(i) In the case of a member who while on unauthorized absence is apprehended by civil authority but not convicted, the entire period of absence from duty shall be counted as unauthorized absence.

(ii) If a member while on leave or liberty is taken into custody and held by the civil authority beyond expiration of leave or liberty and is later released without trial the absence from duty will be considered as unavoidable and not as time lost, unless the member was released upon his agreement to make reparation for the offense for which he was arrested or unless he was subsequently convicted by a court-martial on the same facts and/or of unauthorized absence for the period involved. However, a member released without trial upon his agreement to make reparation shall not be considered as having lost time if his absence is excused as unavoidable in accordance with the provision of paragraph 044253-1, Navy Comptroller Manual.

(2) Confinement is a period in excess of 24 consecutive hours spent in confinement on or after July 24, 1956, either under sentence adjudged by any court-martial or while awaiting and during trial by any court-martial which results in conviction. Since time spent in confinement before July 24, 1956 is not within the scope of this definition, members placed in confinement before such date will be required to make up only the time spent in confinement on or after July 24, 1956. No period of confinement while awaiting trial shall be counted as lost time if the individual is acquitted of the charges involved or if no finding of guilty is upheld upon completion of appellate review. Time spent in confinement under sentence is counted as lost time only to the extent the sentence to confinement is upheld upon completion of appellate review and clemency action if any. Thus, if a member served nine months in confinement under a sentence which upon

« PreviousContinue »