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tained in paragraph (e) of § 723.6, the Board shall communicate the decision to the applicant and counsel.

(1) If the recommendation of the Board was to deny relief or if the final decision of the Secretary or the Board was to deny relief, the following material will be made available to the applicant and counsel:

(i) A statement of the findings conclusions, and recommendations made by the Board;

(ii) Any advisory staff opinions considered by the Board or the reviewing authority;

(iii) Any minority reports; and

(iv) Any material prepared by the Secretary of the Navy as required in § 723.7. Moreover, applicant and counsel shall also be informed that the name and final vote of each Board member will be furnished or made available upon request. To the extent that any of the above material consists of classified or otherwise privileged matters, delections may be made only if a written statement of the basis therefor is provided the applicant and counsel.

(2) If the final decision was other than to deny relief, the applicant and counsel are entitled, upon request, to receive a copy of the Board's findings, conclusions and recommendations. [17 FR 10243, Nov. 11, 1952, as amended at 26 FR 12122, Dec. 19, 1961; 42 FR 18278, Apr. 6, 1977)

to pay any amount as compensation for any benefit to which the claimant might subsequently become entitled under the laws and regulations administered by the Administrator of Veterans' Affairs.

(b) Application for settlement. (1) Settlement and payment of claims shall be made only upon a claim of the person whose record has been corrected or of his legal representative, his heirs at law, or his beneficiaries. Such claim for settlement and payment may be filed as a separate part of the application for correction of the record.

(2) In case the person whose record has been corrected is deceased, and where no demand is presented by a duly appointed legal representative of the estate, payments otherwise due shall be made to the surviving spouse, heir or beneficiaries, in the order prescribed by the law applicable to that kind of payment; or if there is no such law covering order of payment, in the order set forth in 10 U.S. Code 2771; or as otherwise prescribed by the law applicable to that kind of payment.

(3) Upon request, the applicant or applicants shall be required to furnish requisite information to determine their status as proper parties to the claim for purposes of payment under applicable provisions of law.

(c) Settlement. (1) Settlement of claims shall be upon the basis of the decision and recommendations of the Board, as approved by the Secretary of the Navy. Computation of the amounts due shall be made by the appropriate disbursing activity. In no case will the amount found due exceed the amount which would otherwise have been paid or have become due under applicable laws had no error or injustice occurred. Earnings received from civilian employment during any period for which active duty pay and allowances are payable will be deducted from the settlement. To the extent authorized by law and regulations, amounts found due may be reduced by the amount of any existing indebtedness to the Government arising from military service.

(2) Prior to or at the time of pay. ment, the person, or persons to whom payments are to be made shall be advised by the disbursing activity as to

8 723.9 Reconsideration.

After final adjudication further consideration will be granted only upon presentation by the applicant of newly discovered relevant evidence not previously considered by the Board and then only upon recommendation of the Board and approval by the Secretary of the Navy. (34 FR 19196, Dec. 4, 1969)

8 723.10 Settlement of claims.

(a) Authority. (1) The Department of the Navy is authorized to pay claims in accordance with 10 U.S. Code 1552, which is quoted in § 723.1(b).

(2) The Department of the Navy is not authorized to pay any claim heretofore compensated by Congress through enactment of a private law, or

the nature and amount of the various benefits represented by the total settlement, and shall be advised further that acceptance of such settlement shall constitute a complete release by the claimants involved of any claim against the United States on account of the correction of the record.

(d) Report of settlement. In every case where payment is made, the amount of such payment and the names of the payee or payees, shall be reported to the Chairman of the Board. [17 FR 10243, Nov. 11, 1952, as amended at 26 FR 12122, Dec. 19, 1961; 34 FR 19196, Dec. 4, 1969; 42 FR 18278, Apr. 6, 1977)

8 723.11 Miscellaneous.

(a) Staff assistance. The facilities of all bureaus, offices, and boards of the Navy Department shall be made available to the Board to assist it in the performance of its function.

(b) Expenses. No expenses of any nature whatsoever voluntarily

incurred by the applicant, his counsel, his witnesses, or by any other person in his behalf, will be paid by the Government.

(c) Changes in procedures. The Board may initiate recommendations for such changes in procedures as established herein as may be considered necessary for the proper functioning of the Board. Such changes will be subject to the approval of the Secretary of the Navy and of the Secretary of Defense.

(d) Publication in the Federal Reg. ister.These regulations and any amendments thereto will be published in the FEDERAL REGISTER.

(e) Indexing of decisions. (1) Documents sent to each applicant and counsel in accordance with § 723.3(e)(6) and $ 723.8(d), together with the record of the votes of board members and all other statements of findings, conclusions and recommendations made on final determination of an application by the Board or the Secretary of the Navy will be indexed and promptly made available for public inspection and copying at the Armed Forces Discharge Review/Correction Boards Reading Room located on the Concourse of The Pentagon Building, Washington, D.C.

(2) All documents made available for public inspection and copying shall be indexed in a usable and concise form so as to enable the public to identify those cases similar in issue together with the circumstances under and/or reasons for which the Board and/or Secretary of the Navy have granted or denied relief. The index shall be published quarterly and shall be available for public inspection and distribution by sale at the reading room located on the Concourse of The Pentagon Building, Washington, D.C. Inquiries concerning the index or the reading room may be addressed to the Armed Forces Discharge Review/Correction Boards Reading Room, The Pentagon Concourse, Washington, D.C. 20301.

(3) To the extent necessary to prevent a clearly unwarranted invasion of personal privacy, identifying details of the applicant and other persons will be deleted from the documents made available for public inspection and copying. Names, addresses, social security numbers and military service numbers must be deleted. Deletions of other information which may result in a clearly unwarranted invasion of personal privacy or which is privileged or classified may be made only if a written statement of the basis for such deletion is made available for public inspection [17 FR 10243, Nov. 11, 1952, as amended at 26 FR 12122, Dec. 19, 1961; 42 FR 18278, Apr. 6, 1977; 43 FR 2170, Jan. 16, 1978)

PART 724—NAVAL DISCHARGE

REVIEW BOARD

Subpart A-Definitions

Sec. 724.101 Naval service. 724.102 Naval Discharge Review Board. 724.103 Naval Discharge Review Board

Panel. 724.104 Naval Discharge Review Board

Traveling Panel. 724.105 President, Naval Discharge Review

Board. 724.106 Presiding Officer, Naval Discharge

Review Board Panel. 724.107 Discharge. 724.108 Administrative discharge. 724.109 Characterization of service for ad

ministrative discharge.

Sec. 724.321 Personal appearance discharge

review sites. 724.322 Naval Discharge Review Board

support and augmentation by Regular

and Reserve activities. 724.323 Court-martial specifications, pre

sumption concerning.

Subpart D-Principal Elements of the Navy

Department Discharge Review System

Sec. 724.110 Reasons/bases for administrative

discharges. 724.111 Punitive discharge. 724.112 Clemency discharge. 724.113 Application. 724.114 Applicant. 724.115 Next-of-kin. 724.116 Legal representative. 724.117 Counsel/representative. 724.118 Discharge review. 724.119 Documentary discharge review. 724.120 Personal appearance discharge

review. 724.121 Findings upon contentions/issues. 724.122 Conclusions upon

contentions/ issues. 724.123 Reasons for findings/conclusions. 724.124 Findings upon which decision is

based. 724.125 Conclusions upon which decision/

recommendation is based. 724.126 Reason upon which decision/rec

ommendation is based. 724.127 Decision/recommendation.

724.401 Applicants. 724.402 Naval Discharge Review Board. 724.403 President, Naval Discharge Review

Board. 724.404 Director, Naval Council of Person

nel Boards. 724.405 Commandant of the Marine Corps

(Code M) and the Chief of Naval Per

sonnel. 724.406 Chief, Bureau of Medicine and

Surgery. 724.407 Chief of Naval Reserve. 724.408 Secretary of the Navy.

Subpart B-Authority for Departmental

Discharge Review

724.201 Authority. 724.202 Statutory/directive authority.

Subpart E-Procedural Rights of the Applicant

and Administrative Actions Preliminary To

Discharge Review 724.501 Procedural rights of the applicant. 724.502 Actions to be taken by the appli

cant preliminary to discharge review. 724.503 Naval Discharge Review Board re

sponse to application for discharge

review. 724.504 Naval Discharge Review Board ac

tions preliminary to discharge review.

Subpart F-Naval Discharge Review Board

Mission and Functions

724.601 General. 724.602 Mission. 724.603 Functions.

Subpart C—Policy Pertaining To Review of

Naval Discharges 724.301 Broad objectives of naval discharge

review. 724.302 Eligibility for naval discharge

review. 724.303 Authority for review of naval dis

charges; jurisdictional limitations. 724.304 Jurisdictional determinations. 724.305 Disposition of applications for dis

charge review. 724.306 Implementation of Naval Dis

charge Review Board decisions. 724.307 Evidence supporting applications. 724.308 Review action in instances of un

available records. 724.309 Regularity of government affairs. 724.310 Availability of records. 724.311 Attendance of witnesses. 724.312 Applicant's expenses. 724.313 Military representation. 724.314 Limitation-failure to appear for

hearing. 724.315 Limitation-reconsideration. 724.316 Limitation-continuances and post

ponements. 724.317 Withdrawal of application. 724.318 Review on motion of the Naval

Discharge Review Board. 724.319 Secretarial review of naval dis

charge review decisions. 724.320 Scheduling of discharge reviews.

Subpart 6-Organization of the Naval

Discharge Review Board 724.701 Composition. 724.702 Executive management. 724.703 Recorders. 724,704 Counsel.

Subpart H-Procedures of the Naval Discharge

Review Board

724.801 Material to be considered in dis

charge review. 724.802 Contentions/issues. 724.803 Summary of evidence to be dis

played in records of review proceedings. 724.804 Findings, conclusions, and reasons

upon contentions/issues. 724.805 Findings, conclusions, and reasons

upon which decision is based.

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§ 724.104 Naval Discharge Review Board

Traveling Panel. A Naval Discharge Review Board Panel that travels for the purpose of conducting personal appearance discharge review hearings in locations outside the Washington, D.C. area.

724.1101 Responsibility. 724.1102 Functions of the Commandant of

the Marine Corps and the Chief of

Naval Personnel. 724.1103 Functions of the Chief, Bureau of

Medicine and Surgery. 724.1104 Functions of the Commandant of

the Marine Corps and Chief of Naval

Reserve (refer to § 724.322). 724.1105 Functions of the Commandants of

Naval Districts and Directors of Marine

Corps Districts (refer to $ 724.322). APPENDIX A-METHODS BY WHICH INDIVID

UALS MAY BE INVOLUNTARILY SEPARATED
FROM THE NAVAL SERVICE (OTHER THAN

BY REASON OF BEING PHYSICALLY UNFIT) APPENDIX B-POLICY STATEMENTS BY THE

SECRETARY OF DEFENSE-ADDRESSING CER

TAIN CATEGORIES OF DISCHARGES APPENDIX C-OATH OF AFFIRMATION TO BE

ADMINISTERED TO DISCHARGE REVIEW

BOARD MEMBERS APPENDIX D-PRINCIPAL FORMS EMPLOYED BY

THE NAVAL DISCHARGE REVIEW BOARD APPENDIX E-VETERANS' BENEFITS.

AUTHORITY: 10 U.S.C. 1553, unless otherwise noted.

$ 724.105 President, Naval Discharge

Review Board. A senior officer of the naval service designated by the Secretary of the Navy who is responsible for the direct supervision of the discharge review function within the naval service. (See Subpart J of this part.)

$ 724.106 Presiding Officer, Naval Dis.

charge Review Board Panel. The senior member of Naval Discharge Review Board Panel shall be the Presiding Officer. He shall convene, recess, and adjourn the Naval Discharge Review Board Panels as appropriate.

ciently meritorious to warrant an Honorable Discharge.

(3) Under Other Than Honorable Conditions (formerly termed Undesirable Discharge). A separation from the naval service under conditions other than honorable. It is issued to terminate the service of a member of the naval service for one or more of the reasons/bases listed in the current editions of the Bureau of Naval Personnel Manual, Marine Corps Separation and Retirement Manual and their predecessor publications.

8 724.110 Reasons/bases for administra

tive discharges. The terms "reason for discharge" and “basis for discharge" have the same meaning. The first is a Navy term and the second is a Marine Corps term. These terms identify why an administrative discharge was issued, e.g., Convenience of the Government, Misconduct. Reasons/bases for discharge are found in the Bureau of Naval Personnel Manual and Marine Corps Separation and Retirement Manual as well as their predecessor publications.

8 724.111 Punitive discharge.

A discharge awarded by sentence of a court-martial. There are two types of punitive discharges:

(a) Bad conduct. A separation from the naval service under conditions other than honorable. It may be effected only as a result of the approved sentence of a general or special courtmartial.

(b) Dishonorable. A separation from the naval service under dishonorable conditions. It may be effected only as a result of the approved sentence of a general court-martial.

8 724.107 Discharge.

(a) In the context of the review function prescribed by 10 U.S.C. 1553, a discharge or dismissal is a complete separation from the naval service, other than one pursuant to the sentence of a general court-martial.

(b) By reason of usage, the term "discharge” is predominantly applicable to the separation of enlisted personnel for any reason, and the term “dismissal" to the separation of officers as a result of Secretarial or general court-martial action; however, Appendix A to this part sets forth other applicable separations.

(c) In the context of the mission of the Naval Discharge Review Board, the term "discharge" used in this part shall, for purpose of ease of expression, include any complete separation from the naval service other than that pursuant to the sentence of general court-martial.

(d) The term “discharge” also includes the type of discharge and the reason/basis for that discharge, e.g. Undesirable/Misconduct (Civil Conviction).

8 724.108 Administrative discharge.

A discharge upon expiration of enlistment or required period of service, or prior thereto, in a manner prescribed by the Commandant of the Marine Corps or the Chief of Naval Personnel, but specifically excluding separation by sentence of a court-martial.

8 724.109 Characterization of service for

administrative discharge. (a) A determination reflecting a member's military behavior and performance of duty during a specific period of service. The three characterizations are:

(1) Honorable. A separation from the naval service with honor. The issuance of an Honorable Discharge is contingent upon proper military behavior and performance of duty. (2)

Under Honorable Conditions (also termed General Discharge). A separation from the naval service under honorable conditions is contingent upon military behavior and performance of duty which is not suffi

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