B-212192, JUL 27, 1983, OFFICE OF GENERAL COUNSEL.

B-212192: Jul 27, 1983

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USAF: THIS LETTER IS IN RESPONSE TO YOURS DATED JUNE 10. IN WHICH THE AIR FORCE'S ADMINISTRATIVE DISCHARGE REGULATIONS WERE HELD TO BE VALID. THE COURT OF APPEALS' DECISION HAS SINCE BEEN APPLIED BY THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TO SET THESE GUIDELINES IN MILITARY ADMINISTRATIVE DISCHARGE PROCEEDINGS: "(1) AN UNDESIRABLE DISCHARGE NOW CALLED 'DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS' CAN ONLY BE BASED ON CONDUCT FOUND TO HAVE AFFECTED DIRECTLY THE PERFORMANCE OF MILITARY DUTIES. "(2) A GENERAL DISCHARGE CAN ONLY BE BASED UPON CONDUCT FOUND TO HAVE HAD AN ADVERSE IMPACT ON THE OVERALL EFFECTIVENESS OF THE MILITARY. BETWEEN 1973 AND 1980 THE FOLLOWING REPORTS WERE ISSUED IN THE COURSE OF A GENERAL EVALUATION OF THE MILITARY JUSTICE AND THE MILITARY ADMINISTRATIVE DISCHARGE SYSTEM: ADDRESSEE REPORT TITLE.

B-212192, JUL 27, 1983, OFFICE OF GENERAL COUNSEL.

PRECIS-UNAVAILABLE

SECOND LIEUTENANT ANTHONY F. MAY, USAF:

THIS LETTER IS IN RESPONSE TO YOURS DATED JUNE 10, 1983, CONCERNING THE MILITARY JUSTICE AND THE MILITARY ADMINISTRATIVE DISCHARGE SYSTEMS.

IN YOUR LETTER, YOU REQUEST INFORMATION ABOUT ROELOFS V. SECRETARY OF THE AIR FORCE, 628 F.2D 594 (D.C. CIR., 1980), AND OTHER COURT CASES INVOLVING THE AUTHORITY OF THE ARMED FORCES TO DISCHARGE SERVICE MEMBERS UNDER LESS THAN HONORABLE CONDITIONS IN NONJUDICIAL ADMINISTRATIVE PROCEEDINGS. THE ROELOFS CASE THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ISSUED A RULING ON FEBRUARY 6, 1980, COPY ENCLOSED, IN WHICH THE AIR FORCE'S ADMINISTRATIVE DISCHARGE REGULATIONS WERE HELD TO BE VALID, BUT WHICH REQUIRED THE AIR FORCE TO PROVIDE A STATEMENT OF PROPER REASONS FOR ANY DENIAL OF AN HONORABLE DISCHARGE IN THE ADMINISTRATIVE PROCESS. THE COURT OF APPEALS' DECISION HAS SINCE BEEN APPLIED BY THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TO SET THESE GUIDELINES IN MILITARY ADMINISTRATIVE DISCHARGE PROCEEDINGS:

"(1) AN UNDESIRABLE DISCHARGE NOW CALLED 'DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS' CAN ONLY BE BASED ON CONDUCT FOUND TO HAVE AFFECTED DIRECTLY THE PERFORMANCE OF MILITARY DUTIES;

"(2) A GENERAL DISCHARGE CAN ONLY BE BASED UPON CONDUCT FOUND TO HAVE HAD AN ADVERSE IMPACT ON THE OVERALL EFFECTIVENESS OF THE MILITARY, INCLUDING MILITARY MORALE AND EFFICIENCY."

WOOD V. SECRETARY OF DEFENSE, 496 F.SUPP. 192, 198 (D.D.C. 1980); SEE ALSO WALTERS V. SECRETARY OF DEFENSE, 533 F.SUPP. 1068 (D. D.C. 1982); COPIES ENCLOSED.

YOU ALSO REQUEST A COMPREHENSIVE LISTING OF ALL GENERAL ACCOUNTING OFFICE PUBLICATIONS CONCERNING MILITARY PERSONNEL. BETWEEN 1973 AND 1980 THE FOLLOWING REPORTS WERE ISSUED IN THE COURSE OF A GENERAL EVALUATION OF THE MILITARY JUSTICE AND THE MILITARY ADMINISTRATIVE DISCHARGE SYSTEM:

ADDRESSEE REPORT TITLE, NUMBER, AND ISSUE DATE

(FPCD-80-19, SEPTEMBER 2, 1980)

THE SECRETARY OF "FASTER PROCESSING OF DISCHARGES

DEFENSE FOR ADVERSE REASONS COULD SAVE MILLIONS OF DOLLARS" (FPCD-80-57, JULY 3, 1980)

THE CONGRESS "MILITARY DISCHARGE POLICIES AND PRACTICES RESULT IN WIDE DISPARITIES: CONGRESSIONAL REVIEW IS NEEDED" (FPCD-80-13, JAN. 15, 1980)

THE SECRETARY OF "MILITARY CONFINEMENT AND DEFENSE CORRECTIONAL FACILITIES, POLICIES, AND PRACTICES" (FPCD-80-28, JAN. 10, 1980)

THE CONGRESS "SOME CRIMINAL OFFENSES COMMITTED OVERSEAS BY DOD CIVILIANS ARE NOT BEING PROSECUTED: LEGISLATION IS NEEDED" (FPCD-79-45, SEPT. 11, 1979)

THE CONGRESS "AWOL IN THE MILITARY: A SERIOUS AND COSTLY PROBLEM" (FPCD-78-52, MAR. 30, 1979)

THE CONGRESS "FUNDAMENTAL CHANGES NEEDED TO IMPROVE THE INDEPENDENCE AND EFFICIENCY OF THE MILITARY JUSTICE SYSTEM" (FPCD-78-16, OCT. 31, 1978)

THE CONGRESS "ELIMINATE ADMINISTRATIVE DISCHARGES IN LIEU OF COURT-MARTIAL: GUIDANCE FOR PLEA AGREEMENTS IN MILITARY COURTS IS NEEDED" (FPCD-77-47, APR. 18, 1978)

THE CONGRESS "MILITARY JURY SYSTEM NEEDS SAFEGUARDS FOUND IN CIVILIAN FEDERAL COURTS" (FPCD-76-48, JUNE 6, 1977)

THE SECRETARY OF "MILLIONS BEING SPENT TO APPREHEND DEFENSE MILITARY DESERTERS MOST OF WHOM ARE DISCHARGED AS UNQUALIFIED FOR RETENTION" (FPCD-77-16, JAN. 31, 1977)

THE CONGRESS "THE CLEMENCY PROGRAM OF 1974" (FPCD-76-64, JAN. 7, 1977)

THE SECRETARY OF "PEOPLE GET DIFFERENT DISCHARGES DEFENSE IN APPARENTLY SIMILAR CIRCUMSTANCES" (FPCD-76-46, APR. 1, 1976)

THE SECRETARY OF "MORE EFFECTIVE CRITERIA AND DEFENSE PROCEDURES NEEDED FOR PRETRIAL CONFINEMENT" (FPCD-76-3, JULY 30, 1975)

THE CONGRESS "UNIFORM TREATMENT OF PRISONERS UNDER THE MILITARY CORRECTIONAL FACILITIES ACT CURRENTLY NOT BEING ACHIEVED" (FPCD-75-125, MAY 30, 1975)

THE SECRETARY OF "URGENT NEED FOR A DEPARTMENT OF DEFENSE DEFENSE MARGINAL PERFORMER DISCHARGE PROGRAM" (FPCD-75-152, APR. 23, 1975)

SENATE COMMITTEE ON "NEED FOR AND USES OF DATA ARMED SERVICES RECORDED ON DD FORM 214 REPORT OF SEPARATION FROM ACTIVE DUTY" (FPCD-75-126, JAN. 23, 1975)

THE CONGRESS "IMPROVING OUTREACH AND EFFECTIVENESS OF DOD REVIEWS OF DISCHARGES GIVEN SERVICE MEMBERS BECAUSE OF DRUG INVOLVEMENT" (B-173688, NOV. 30, 1973)

SINGLE COPIES OF THESE REPORTS MAY BE OBTAINED WITHOUT CHARGE BY SENDING A REQUEST TO: UNITED STATES GENERAL ACCOUNTING OFFICE DOCUMENT HANDLING AND INFORMATION SERVICES FACILITY P. O. BOX 6015 GAITHERSBURG, MARYLAND 20760.

IN ADDITION TO THE PUBLICATIONS LISTED ABOVE, THE GENERAL ACCOUNTING OFFICE HAS ISSUED MANY REPORTS EVALUATING MILITARY RECRUITING, TRAINING, READINESS, ETC., AND THE COMPTROLLER GENERAL HAS RENDERED MANY DECISIONS ON ISSUES RELATED TO MILITARY PAY AND ALLOWANCES, TRAVEL AND TRANSPORTATION ENTITLEMENTS, LEAVE BENEFITS, SURVIVOR'S ANNUITIES, ETC. THESE ARE TOO NUMEROUS TO LIST HERE AND DO NOT APPEAR TO BE WITHIN THE AREA OF YOUR IMMEDIATE INTEREST.

IN YOUR LETTER YOU ALSO MENTION CERTAIN ACTIVITIES WITHIN THE OFFICE OF THE STAFF JUDGE ADVOCATE AT GRAND FORKS AIR FORCE BASE, AND YOU DESCRIBE SOME COURT-MARTIAL PROCEEDINGS AT THE BASE. THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE IS ESSENTIALLY LIMITED TO THE SETTLEMENT OF MONETARY CLAIMS MADE BY OR AGAINST THE FEDERAL GOVERNMENT, AND TO THE GENERAL AUDIT AND EVALUATION OF GOVERNMENTAL OPERATIONS. AS INDICATED, BETWEEN 1973 AND 1980 ONE OF THE AUDIT PROGRAMS OF THE GENERAL ACCOUNTING OFFICE INVOLVED AN OVERALL EXAMINATION OF THE MILITARY JUSTICE SYSTEM, AND THE REPORTS LISTED ABOVE WERE ISSUED RECOMMENDING THAT THE CONGRESS AND THE SECRETARY OF DEFENSE MAKE CERTAIN CHANGES TO THE LAWS AND REGULATIONS GOVERNING MILITARY JUSTICE. HOWEVER, THE GENERAL ACCOUNTING OFFICE HAS NO AUTHORITY TO INTERVENE DIRECTLY IN COURT-MARTIAL OR ADMINISTRATIVE DISCHARGE PROCEEDINGS.

WE TRUST THIS WILL SERVE THE PURPOSE OF YOUR INQUIRY.