at the time of transfer, the name of the activity to which the individual is transferred, and the estimated date of reporting to the new activity. Upon the arrival of such personnel at the new activity, the commander of that activity will immediately advise the Judge Advocate General of the Navy by message, airmail letter, or speedletter, with copy to the Commandant of the Marine Corps (Code DK). When a different activity or Naval Disciplinary Command is redesignated as the place of temporary custody or confinement, this fact will be set forth in the report, and the date of transfer to that activity or command will be stated. (5) No punitive discharge is to be effected outside the continental limits of the United States, except in accordance with instructions of the Secretary of the Navy or the Commandant of the Marine Corps. (h) Disposition of dischargee serving in continental United States. When an enlisted person serving at a station within the continental limits of the United States has been sentenced to discharge, and the discharge has not been suspended for a stated number of months to permit the person to continue in the service after satisfactorily serving during a probationary period, the individual will be retained at the place of trial or transferred to another activity, or a Naval Disciplinary Command, in accordance with periodic directives of the Commandant of the Marine Corps and the Bureau of Naval Personnel governing designation of places of confinement. When an individual is transferred to another station or to a Naval Disciplinary Command, report of the transfer will be made to the Judge Advocate General of the Navy, with copy to the Commandant of the Marine Corps (Code DK). (See Manual for Courts-Martial, United States, 1951, paragraph 96.) probationary period, he shall be transferred to a Naval Disciplinary Command if he meets the established criteria for transfer to such a command; otherwise he shall be transferred to the Marine Corps activity nearest to the port of departure prior to sailing. In such cases, a report of transfer will be made as set forth in paragraph (h) of this section. (i) Transfer to Naval Disciplinary Command. When an enlisted person serving within the United States, attached to a vessel or organization destined for transfer to foreign duty, has been sentenced to discharge and the discharge has not been suspended for a stated number of months to permit the person to continue in the service after serving satisfactorily during a (j) Transfer of enlisted woman. An enlisted woman who has been sentenced to discharge will be transferred to the nearest post, station, or barracks where women are serving. (k) Suspension and vacation of suspension. Where execution of a portion of a sentence which adjudges a discharge is suspended, subject to a probationary period, the suspension may be vacated pursuant to the procedure set forth in paragraph 97b, Manual for Courts-Martial, United States, 1951. Commanders are directed to give careful consideration to reports of offenses committed by personnel serving in such status, and to undertake proceedings for the vacation of suspension of the sentence only where it is established by the record that such action is appropriate and in the best interest of the Marine Corps. For a new offense the commander may: (1) Award nonjudicial punishment, or recommend or direct trial by courtmartial, (2) initiate procedure for vacation of suspension, or (3) both. (1) Warrant officer cases. A chief warrant officer may be dismissed from the service and a warrant officer may be dishonorably discharged from the service, pursuant to the sentence of a general court-martial. In time of war, the President may order the dismissal of such officers. 8 730.69 Discharge by reason of security. Only the Commandant of the Marine Corps or the Secretary of the Navy, may direct the discharge of a member with an honorable, general, or undesirable discharge, for reason of security. See $730.51(b)(11) and Part 729 of this chapter. 8 730.70 Request for discharge for the good of the service. the (a) Processing of requests. All requests for discharge for the good of the service in cases involving security matters; or sexual perversion; or procurement of a fraudulent enlistment, induction, or period of active service through any deliberate material misrepresentation, omission, or concealment of preservice homosexual act(s) or tendencies; will be referred to the Commandant of the Marine Corps (Code DK) for disposition. In other cases, the Commandant of the Marine Corps, or any Marine commander exercising general court-martial jurisdiction, may, without administrative discharge board action, authorize or direct the discharge, with an undesirable discharge, of any member who submits a request for discharge for the good of service (see § 730.51(b)(10)). Such requests may be submitted and processed where the member's conduct renders him triable by court-martial for an offense punishable by a punitive discharge (see Manual for Courts-Martial, 1951, paragraph 127c, sections A and B; and Uniform Code of Military Justice, articles 77-134); provided that the member has been afforded the opportunity to consult with counsel, and the member certifies in writing his understanding that he will receive a discharge under other than honorable conditions, that he understands the adverse nature of such a discharge, and that he understands the possible consequences thereof. Notwithstanding a member's submission of a request for discharge for the good of the service, the appropriate Discharge Authority may take any of the different courses of action indicated in § 730.51(k), e.g., refer the member concerned to an administrative discharge board. (b) Advice. For the advice to be given a member who requests discharge for the good of the service, and for the recording of such advice, see § 730.72(a) (1) and (3). (c) Suspension. A discharge approved as a result of a member's request for discharge for the good of the service may be suspended. See § 730.75. (d) Withdrawal of request. Where a member submits a request for discharge for the good of the service and subsequently withdraws his request before its approval by the Discharge Authority, the provisions of § 730.51(k) and (o)(2) apply. In such cases, the member may be processed for appropriate punitive or administrative action based upon the acts or omissions upon which his original request for discharge was based, or for other appropriate reasons, as if he had never submitted a request for discharge for the good of the service. (e) Types of discharge. Notwithstanding a member's written acknowl. edgement that he will receive an undesirable discharge as a result of his submission of a request for discharge for the good of the service, the Discharge Authority, or higher authority, may direct the member's separation with either an honorable or general discharge, as warranted by the member's military record. (f) Contents of request. A member who submits a request for discharge for the good of the service will complete such request by signed statement in tenor as follows, witnessed by at least one witness: Article 31, UCMJ, having been read and explained to me, and with full understanding of my rights, I hereby request discharge for the good of the service. This request is based on having been informed that my conduct rendered me triable by court-martial for the following offense(s) in violation of the Uniform Code of Military Justice, the maximum permissible punishment for which, upon conviction, includes a (dishonorable) (bad-conduct) discharge: Prior to submitting this request I have been afforded the opportunity to consult with counsel. (and I have consulted with the following counsel and I am entirely satisfied with his advice: I understand that my discharge from the naval service, effected by acceptance of this request, will be with an undesirable discharge, which will be issued without referral to or consideration of my case by an administrative discharge board. I understand that an undesirable discharge is a discharge under other than honorable conditions and that as a result of such discharge I may be deprived of virtually all rights as a veteran under both Federal and State legislation, and that I may expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered in any branch of the Armed Forces or the character of the discharge received therefrom may have a bearing. The signatures of the witnesses should follow the signature of the member. Military witnesses should be identified by name, grade, service number, organization, and Armed Force. Civilian witnesses should be identified by name and address. Where one of the witnesses is the member's counsel, he should be identified as such. (g) Forwarding of papers. For the forwarding of all papers pertaining to the case when final action has been taken thereon by a Discharge Authority other than the Commandant of the Marine Corps or the Secretary of the Navy, see § 730.54(h). (h) Overseas cases. For the action to be taken in cases involving members serving outside the continental United States, see § 730.66(j). § 730.71 Discharges of Security Forces personnel, Pacific Ocean Area. The Commanding General, Fleet Marine Force, Pacific, shall exercise such administrative control over matters relating to administrative discharges involving enlisted members of the Marine Corps Security Forces, Pacific Ocean Area, as is otherwise delegated to all Marine Commanders exercising general court-martial jurisdiction in accordance with §§ 730.100 to 730.126. § 730.72 Giving and recording of advice to a respondent, both when the respondent is and when he is not under military control. ministrative discharge by reason of unsuitability, will be effected unless the respondent is tendered the advice prescribed below: (a) Requirements. Whether or not a respondent is under military control, no administrative discharge under conditions other than honorable, and, in the case of a member with 8 or more years of continuous active duty no ad (1) Advice to respondent under military control. In each case where a member on active duty and under military control is recommended for an undesirable discharge, or has 8 or more years of continuous active military service and is recommended for a discharge by reason of unsuitability, or requests a discharge for the good of the service within the purview of § 730.70, the officer empowered to convene an administrative discharge board having jurisdiction over the member will take or cause to be taken the following action: (i) Notify the member, in writing, of the proposed discharge action and the general and specific bases therefor. (ii) Advise the member of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2). (iii) Advise the member that he has the following rights, which will, unless he waives such rights in writing, be afforded him: To present to and have his case considered by an administrative discharge board of not less than three officers, at least one of whom will be a field grade officer, and composed in accordance with § 730.73(b); to appear in person before such board, subject to his availability; and to be represented by military counsel, who will be a lawyer within the meaning of article 27(b)(1) of the Uniform Code of Military Justice unless appropriate authority certifies in the permanent record the nonavailability of a lawyer so qualified and sets forth the qualifications of the substituted nonlawyer counsel. Advise the member that if he does not waive a hearing before an administrative discharge board, and upon the hearing of his case before such board, he will be entitled to those rights set forth in § 730.73(c) through (5), (12), (14), (15), (18); (f), and (g). The advice as to the respondent's rights contained in the cited paragraphs of § 730.73 may be given in a summarized form. Further advise the member that before waiving any of these rights, in writing, it would be (2) to his advantage to consult with counsel and that he will be given the opportunity to do so. (iv) Advise the member who indicates that he wishes to submit a request for discharge for the good of the service, pursuant to § 730.70, that, if such request is accepted, he may receive a discharge under other than honorable conditions without administrative discharge board action, and further advise him of the adverse nature of such discharge and the possible consequences thereof. Before a member is permitted to actually submit a request for discharge for the good of the service, he will be advised that it would be to his advantage to consult with counsel and he will be given the opportunity to do so. (2) Advice to respondent not under military control. In each case where a member on active duty is recommended for an undesirable discharge, or has 8 or more years of continuous active military service and is recommended for a discharge by reason of unsuitability, and the member is not under military control because of either his continuous established unauthorized absence of more than 1 year, or because of his confinement by civil authorities, the officer empowered to convene an administrative discharge board having jurisdiction over the member will take or cause to be taken the following action: (Where the member is not under military control because of the continuous established unauthorized absence of more than 1 year, the action prescribed by paragraph (a)(2)(ii) of this section will ordinarily be taken or caused to be taken by the Commandant of the Marine Corps. See § 730.54(c)(1).) (i) Where the member is not under military control and is unable to appear before an administrative discharge board because of his confinement by civil authorities, advise the member, in writing and by registered mail sent to the civil institution where the member is confined: (a) of the proposed discharge action and the general and specific bases therefor. (b) of the type of discharge certificate that may be issued. (c) of the purpose and scope of the h Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2). (d) of the fact that administrative discharge action has been suspended to give him the opportunity to exercise the following rights: To request the appointment of a military counsel, who will be a lawyer within the meaning of article 27(b)(1) of the Uniform Code of Military Justice unless appropriate authority certifies in the permanent record the nonavailability of a lawyer so qualified and sets forth the qualifications of the substituted nonlawyer counsel, and to have such counsel represent him, and in his absence, present his case before an administrative discharge board; to submit statements in his own behalf; and to waive the foregoing rights, either in writing, or by the failure to reply to the letter of notification within the prescribed time limit specified therein. (ii) Subject to the provisions of Title 10, U.S. Code 1163, where the member is not under military control by reason of a continuous established unauthorized absence of more than 1 year, advise the member, in writing and by registered mail sent to the current home of record address of the member, or the current address of his next of kin as reflected in the member's service records, as appropriate: (a) of the proposed discharge action and the general and specific bases therefor. (b) of the effective date of the proposed discharge action. (c) of the type of discharge certificate that may be issued. (d) of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2). (3) Recording advice given respondent under military control. In each case where a member on active duty and under military control is recommended for an undesirable discharge, or has 8 or more years of continuous active military service and is recommended for discharge by reason of unsuitability, or requests discharge for the good of the service within the purview of 730.70, and after the advice prescribed in paragraph (a)(1) of this affo conta ather taki gra act JAC the n i ba section has been given and the opportunity to consult with counsel has been afforded, the permanent record will contain either the following, or in lieu thereof, a certification by the officer taking the action prescribed by paragraph (a)(1) of this section that such action has been accomplished: (i) A copy of the written notification to the member of the general and specific bases for the proposed discharge action. (ii) The member's written acknowledgement of the advice given him of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. (iii) The member's written acknowledgement that he was given and understands the advice prescribed in paragraph (a)(1) (iii) and/or (iv) of this section. (iv) The member's written waiver of any or all of the rights prescribed in paragraph (a)(1)(iii) of this section, and/or the member's written request for discharge for the good of the service, together with the member's written acknowledgement that he was afforded the opportunity to consult with counsel prior to effecting such waivers and/or request for discharge. The member's written acknowledgement will include the fact that he either chose not to consult with counsel prior to effecting such waivers and/or request for discharge, or, if he did so consult with counsel, the specific identity of the counsel and his legal qualifications. (4) Recording advice given respondent not under military control. In each case where a member on active duty is recommended for an undesirable discharge, or has 8 or more years of continuous active military duty and is recommended for a discharge by reason of unsuitability, and the member is not under military control because of his continuous established unauthorized absence of more than 1 year, or because of his confinement by civil authorities, and after the advice prescribed in paragraph (a)(2) of this section has been given, the permanent record will contain the following: (i) A certified copy of the registered letter or letters sent to the member pursuant to paragraph (a)(2) (i) or (ii) of this section, including a certification as to the date any letter was mailed and the address to which it was sent. (ii) The complete reply or replies of the member and/or his next of kin to the registered letter or letters sent pursuant to paragraph (a)(2) (i) or (ii) of this section, or a certification that no reply from the member and/or his next of kin was received by a specified date. (iii) Evidence that the registered letter or letters sent pursuant to paragraph (a)(2) (i) or (ii) of this section was delivered, or was not delivered, or was undeliverable. (iv) The member's written waiver, if any, of any or all of his rights prescribed by paragraph (a)(2) (i)(d) of this section. (5) Advice to a respondent who is a member of the Marine Corps Reserve on inactive duty. (i) In each case where a Reservist on inactive duty is recommended for an undesirable discharge, or where such Reservist has 8 or more years of continuous active duty and is recommended for discharge by reason of unsuitability, the officer empowered to convene an administrative discharge board having jurisdiction over the member will take or cause to be taken the following action, in the form prescribed in paragraph (a)(5)(ii) of this section: (a) Notify the member, in writing, of the proposed discharge action, the general and specific bases therefor, and the type of discharge certificate that may be issued. (b) Advise the member of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2). (c) Advise the member that if he is reasonably available to appear before an administrative discharge board, he has the following rights, which will, unless he waives such rights in writing, be afforded him: To present to and have his case considered by an administrative discharge board of not less than three officers, at least one of whom will be a field grade officer, and composed in accordance with § 730.73(b); to appear in person before |