I am being separated in 30 days for commission of serious offense. I have 19.2 years of service in the Navy. I am a E-8. I have been fighting this for 8 months. I am getting an honorable discharge with a RE-4 code. How do I get the SECNAV to review my case?
State/Country relating to question: Florida
Article 138 against CO. Letter of deficiency.
Hello,Did you appeal the results of the administrative discharge board?
Yes. A letter of deficiency. My case was expedited for some reason. I am trying to get the SECNAV to review the case. The CO who recommended the separation is under investigation for bias, differential treatment, collusion. I asked the Navy to suspend the separation until the investigation is done but it fell on deaf ears. The Chief of Naval Personnel was the Commander of 7th Fleet at the time and I believe this is process of the Navy protecting the system so to speak. The case is bigger but trying to tie the ends together in relation to my case is the challenge. The Navy even brushed off my Senatorial inquiry into my case.
Hello again,If you have appealed the results of your admin sep board, with a Letter of Deficiency, then you should have had a review by SECNAV, or more precisely his designee, if your LOD has gone through the review process and your separation has been affirmed. I don't know whether or not that has occurred, but if you did receive separation orders, then your LOD was apparently already reviewed. You should have received a response to it from SECNAV's designee. That is as far as you can take this, outside of sending a Congressional or filing an IG complaint for other issues not directly related to your admin sep. After you are separated, you can file a petition with the Naval Discharge Review Board and can find more about that process at: http://www.donhq.navy.mil/corb/ndrb/ndrbmainpage1.htmIf you do decide to do that, you really will want to consider hiring a local civilian attorney who handles post-service admin issues to assist you in preparing your package for the Board and also representing you should you decide to have an in person hearing.
Let me know if you need any clarification. I would be glad to assist you further if I can.
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I have not received a letter from the SECNAV. It only went to the Chief of Naval Personnel (Separating Authority). I received nothing but saw the message sent to my command telling them to separate me upon receipt of this message. That was a week ago. I have an attorney but he says we can't do anything. After I am separated go to the BCNR for review. I do know SECNAV is the final authority for all Navy matters but I am sure he has not seen my case. PERS-832 will not even reply when I send an e-mail to them. Not surprised. I can send in another congressional tomorrow. But there is no way to get the SECNAV to review my case if he hasn't already? A more direct route?
Hello again,Thank you for that information. I might not have made myself clear when I discussed the review of your LOD. SECNAV does not personally review any separations, only his designees do. As you can imagine because of the scope of his responsibilities, the Secretary is allowed by statute to delegate to certain persons to take action on his behalf. For example, the Judge Advocate General takes final actions in his area of expertise on behalf of the Secretary as do the Assistance Secretaries and the CNO and CNP. In this case the Separation Authority and the final word would be the Chief of Naval Personnel, which is what has occurred. I am not exactly sure why you might be under the impression that SECNAV reviews these discharges. However, you might take a look at the MILPERSMAN guidance on this issue (in particular section 1910-704) which you can find at: http://www.public.navy.mil/bupers-npc/reference/milpersman/1000/1900Separation/Pages/default.aspxYour judge advocate that has assisted you with your case is in the best position to know exactly what is going on in your particular case. However, there is one more point I want to underscore. Your post-separation petition would be to the Naval Discharge Review Board and not BCNR, if you are doing this immediately after you separate. Please go to the link I provided you in my prior response and read the information. It will explain in detail.
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
USC Title 10 subtitle A Part 2 chapter 59 1169 and 1176. Why does this not apply to me?
Hello again David,Both sections apply to you, however, as you can see by reading them they both refer to "under any other provision of law." So, in other words, you cannot read one statute without reading all statutes that are applicable to a situation. In your case, the Service's ability to separate for misconduct under law falls within the references in both of those sections to "other law." In any event, I can't address your specific situation, only your attorney can since they are the ones who have access to all of your records and know your situation. If you don't believe that they are representing you properly, then you might consider hiring a local civilian attorney who practices Military Law.
ok I got it. I e-mailed him already and he is not responding. Well I am taking your advice and will start another congressional but will involve the media this time. Yes, I don't believe my current attorney is respresenting me well because I don't think we see eye to eye in the matter. I hired him because of a reference given to me by a LT friend. Well at least your are talking to me. Thanks for the ear and the advice.
You're welcome and best of luck to you.
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