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The information furnished in a detailed report includes: 1. The date and character of discharge. 2. The offense(s) upon which the discharge was based. 3. A statement as to whether the discharge was accepted to escape trail by court-martial and for the good of the service, if applicable. 4. A statement that the discharge is considered to be under other than honorable conditions. 5. A summary of all offenses for which the member was tried by court-martial and convicted subsequent to the date of enlistment or reenlistment. 6. A summary of all offenses, with dates, committed subsequent to the date of enlistment or reenlistment for which the member was not tried by court-martial. 7. A statement that a change was
or was not made in the character of discharge, if the discharge was reviewed
by the Navy Discharge Review Board or the Board for Correction of Naval
Records.
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1. Background.
a. Entitlement. Entitlement to certain benefits administered under Title 38, United States Code, Veterans' Benefits, are established by the Veterans Administration on the basis of the veteran's status upon separation from active duty. The VA will request clarification if there is a question as to whether the separation was "conditional" or "unconditional." A statement that the veteran was or was not eligible for complete separation will be furnished, when requested, regardless of date of separation.
b. Date of separation. Members of the naval service are normally discharged or released from active duty upon expiration of the period for which contracted. However, separations may be effected at anytime within three months of the expiration date of the enlistment. During a war or national emergency, members may be required to serve for the duration of the war or emergency and for six months thereafter.
2. General information.
a. Definitions.
(1) Unconditional discharge or release. An "unconditional" discharge or release from active duty is a discharge or release which relieves the member from any obligation for continued active service. He/she is eligible for complete separation.b. Statement concerning eligibility for complete separation. A statement that a veteran is or is not eligible for complete separation from a specified enlistment is required when requested by the VA. This statement must be furnished regardless of the date of the veteran's discharge and the fact that he/she may have served prior to World War II or during peace time.(2) Conditional discharge. A "conditional" discharge is a discharge which does not relieve the member from an obligation for continued active service. He/she is not eligible for complete separation.
c. Rules for determining eligibility for complete separation. The rules outlined below will be followed in determining whether or not a veteran was eligible for complete separation.
(1) Eligible for complete separation. Veterans separated under the following conditions are eligible for complete separation or "unconditional" separation.3. Instructions.(a) Separated within three months of expiration of enlistment. Veterans separated within three months of the date of expiration of enlistment, or the enlistment as voluntarily extended, are considered to have been eligible for complete separation from naval service, EXCEPT when discharge was effected for sole purpose of immediate reenlistment on board their duty stations. Service personnel who were transferred to a separation activity for discharge and were discharged early for the purpose of immediate reenlistment are considered to have been eligible for complete separation.
(b) Separated on or after date of expiration of enlistment. Veterans separated on or after the date of expiration of enlistment, or the enlistment as extended, are eligible for complete separation from naval service, EXCEPT when discharge was effected during an involuntary extension during the periods listed under subpar. (2)(d) below.
(2) Not eligible for complete separation. Veterans separated under the following conditions are not eligible for complete separation. They are considered to have received a "conditional" discharge.
(a) Voluntary agreement to extend enlistment canceled. Veterans whose voluntary agreement to extend enlistment was canceled prior to its effective date for the specific purpose of immediate re-enlistment are considered not eligible for complete separation.
(b) Separated within three months of expiration of enlistment. Veterans separated within three months of the date of expiration of enlistment, or the enlistment as voluntarily extended are considered not eligible for complete separation when discharge was effected for the sole purpose of immediate reenlistment. Discharges of veterans under authority of ALNAV 2-55, BUPERSINST 1133.4 or BUPERSINST 1133.4A will be determined to be "conditional" since the veterans were obligated to reenlist and would not otherwise have been discharged early. These authorities will appear printed as such on the DD Form 214, Report of Separation from Active Duty. However, there may be instances when a member was discharged within months of the date of expiration of enlistment for the sole purpose of immediate reenlistment and an authority other than those specified above is used. Consider such a discharge as
(c) Separation more than three months prior to date of expiration of enlistment. Veterans separated more than three months prior to the date of expiration of enlistment, or the enlistment as voluntarily extended, are considered not eligible for complete separation. This category includes any person who between July 1, 1946, and July 27, 1950, was discharged in excess of three months prior to expiration of enlistment, and any person discharged within the fourth, fifth, and sixth month of expiration date as authorized by certain Bureau policies in effect during this period.
(d) Separation during periods of involuntary extension. Veterans discharged and immediately reenlisted during the following periods are considered not eligible for complete separation.
(i) December 15, 1941 through July 23, 1945. All enlistments expiring on or after December 15, 1941 and through July 23, 1945, were involuntarily extended until six months after the termination of World War II.(ii) July 24, 1945 through June 30, 1946. All United States Naval Reserve (USNR) and United States Navy personnel serving in an expired contract on or after July 24, 1945, through June 30, 1946, were separated only upon attaining sufficient points for demobilization. Unless sufficient points had been attained for demobilization at the time of discharge, the veteran is considered not eligible for complete separation. To determine the date for eligibility for complete separation under the point system, send the inquiry with the record to Naval Military Personnel Command, ATTENTION: 312, Washington, DC 20370-5036, using NA Form 13008, Loan or Transfer of Records. Notify the VA of the referral by using NA Form 13053, NPRC Acknowledgment/Referral.
(iii) July 28, 1950 through June 30, 1953. Any person whose discharge was effected prior to the expiration of the involuntary extension invoked by Executive Order on all enlistments expiring on or after July 28, 1950, through June 30, 1953, is considered not eligible for complete separation. The authorities for involuntary extensions during this period were ALNAV 72-50, ALNAV 66-51, and ALNAV 11-52.
a. Determination. Determine the eligibility for complete separation from information in the service record in conjunction with rules for determining eligibility for complete separation as described in subpar. 2c of this figure (Rules for determining eligibility for complete separation).
b. Disposition. When determination has been made as to eligibility for complete separation, the following action is taken:
(1) Initial requests. Enter in the response block on VA Form 3101 either:(a) the veteran was eligible for complete separation on (date).
(b) the veteran was not eligible for complete separation on (date). Include the reason or authority for separation. See figures 9 and 10.
(2) Requests for redetermination. Whenever the VA has previously been informed that a discharge which was effected for the sole purpose of immediate reenlistment usually under authority of ALNAV 2-55, BUPERSINST 1133.4 or 1133.4A was "unconditional," and a request is received for a redetermination from the VA, reply is made to the effect that the discharge was "conditional." Write in the response block the following statement:
Although discharge was by reason of expiration of(3) Controversial cases. Those cases that cannot be resolved after consulting the Correspondence Section Chief are to be forwarded to the Naval Military Personnel Command, ATTENTION: 312, Washington, DC 20370-5036. Complete NA Form 13008, Loan or Transfer of Records, and notify the VA of the referral by use of NA Form 13053, NPRC Acknowledgment/Referral.enlistment, the discharge was effected contingent upon
reenlistment, therefore, the Chief of Naval Personnel
has determined that it was "conditional." This cancels
and supersedes the determination furnished on VA Form
3101 of (date).
1. Veteran was separated from active service under conditions that were not honorable. (Undesirable, Other Than Honorable, Bad Conduct, Dishonorable, etc.) If the separation document reflects a character of service that is not honorable, the VA Form 3101 request must be IBR'd to a C-4 archives technician for additional information. If two or more periods of continuous active service are involved and the last period was not honorable, the VA 3101 request must be IBR'd to the C-6 level for determination of eligibility for complete separation.
NOTE: If request is an education claim, eligibility for complete separation is not determined unless it is specifically requested. See fig. 2 for other types of claims for which a determination of eligibility for complete separation is not furnished unless specifically requested.
2. Separation document attached to manually-generated VA Form 3101. If the VA submits a request for verification of service with a separation document already attached, compare the separation document in the record with the document submitted with the VA Form 3101. Verify name, service number, date entered active duty, date separated from active duty, and the character of separation or discharge (items 8, 9, 13-15). Then if:
a. Two documents are identical. Write on the VA Form 3101 (or VA Form 3101a) in the endorsement block:
b. Two documents are not identical. If changes have been made on the separation document submitted by the VA, the C-4 technician should write in the endorsement block of the VA Form 3101:"Separation document verified correct."
The C-4 technician attaches a copy of the correct separation document; indicates in the endorsement block the item(s) in error; returns the copy of the separation document submitted by the VA; and prints "CORRECT COPY" in the top margin of the photocopy submitted by NPRC."Separation document submitted is in error. A correct copy of the separation document is attached."
3. Veteran's discharge has been changed by a Review or Correction Board (including Special Programs). If the separation document or DD Form 215, Correction to DD Form 214, Report of Separation From Active Duty, on file or submitted by the VA does not reflect the upgrade, the VA Form 3101 request must be IBR'd to a C-5 archives technician for a thorough records examination. If the separation document or DD Form 215 does reflect the upgrade, the case should be IBR'd to the C-4 level for processing.
a. If the separation document or DD Form 215 in the record reflects the upgrade, the C-4 technician should enter in the response/endorsement block of the VA Form 3101:
b. If the most recent separation document (or DD Form 215) is not in the record, or if it does not reflect the upgrade, the C-5 technician enters in the response/endorsement block of the VA Form 3101:"Veteran's discharge upgraded. Additional information regarding
upgrade appears on the separation document (or DD Form 215)
furnished by this Center."
"Veteran's discharge upgraded." Enters also the following information:
(1) The board, special program/project, or authority for changing the character of discharge. INDICATE THE TYPE OF DISCHARGE GRANTED. Examples: "Upgrade under DoD Discharge Review Program (Special) to ___________ discharge."
"Upgrade under Presidential Proclamation 4313 to ___________ discharge."
(2) Date applied for upgrade (shown on application).See also the footnote in fig. 3, rule 12, column C.(3) Date discharge was upgraded.
(4) Character of discharge BEFORE upgrade.
4. A copy of the separation document is not on file, or a legible copy cannot be made. If the service portion of the record is complete, except for the separation document, or if a legible copy of the separation document cannot be obtained, the case is to be IBR'd to the C-4 level. If the separation document and the secondary source documents for active duty and character are missing (see NPRC 1865.3, Reference service source document guides), the case must be IBR'd to the C-6 level.
The C-4 or C-6 verifies these items if a copy of the separation document is not on file:
(1) Namea. VA Form 3101. When the above items have been verified, check the block on the manually-generated VA Form 3101 which verifies that items # 8, 9, 13-15 are correct. Write on the VA Form 3101 "Separation document not on file."(2) Service number
(3) Date of entry
(4) Date of discharge
(5) Character
b. VA Form 3101a. When the five items of information have been verified, write on the VA Form 3101a:
If the items of information cannot be verified as correct, write on the VA Form 3101a:"Name, service number, date of entry, date of discharge,
and character of service are correct as shown."
"Separation document submitted is in error. The following
information is correct: (List correct items)."