Subpart K-Responsibilities in Support of the Naval Discharge Review Board 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 SECRETARY OF DEFENSE-ADDRESSING CER- ADMINISTERED 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. § 724.107 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 Convic tion). § 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. § 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 quirements of the President's program, and has fully earned his return to the mainstream of American society in accordance with that program. (b) The clemency discharge is a neutral discharge, neither honorable nor less than honorable. It does not effect a change in the characterization of the individual's military service as having been under other than honorable conditions, nor does it serve to change, seal, erase or in any way modify the individual's past military record. Therefore, if the underlying discharge was issued as a result of a general court-martial, the issuance of a Clemency Discharge does not subject the underlying characterization to review under 10 U.S.C. 1553. Clemency Discharges are issued by the Chief of Naval Personnel or the Commandant of the Marine Corps when an individual has met the requirements. § 724.113 Application. In the context of this part, a written application to the Naval Discharge Review Board for review of discharge submitted by a former member of the naval service or, where a former member is deceased or incompetent, by spouse, next of kin or legal representative. Department of Defense Form 293 is used for application. (Appendix D of this part.) § 724.114 Applicant. A former member of the naval service who has been discharged administratively in accordance with the directives of the naval service or by sentence of a special court-martial under Title 10 U.S.C. 801 et seq. (Uniform Code of Military Justice) and, in accordance with statutory and regulatory provisions: (a) Whose case is considered by Naval Discharge Review Board at the request of the former member, or, if authorized under § 724. 113, the surviving spouse, next-of-kin or legal representative, or (b) Whose case is considered on the Naval Discharge Review Board's own motion (see § 724.318). the following list (categories appear in descending order of priority): Surviving legal spouse; children (whether current or prior marriage) age 18 years or older in descending precedence by age; father or mother, unless by court order custody has been vested in another (adoptive parent takes precedence over natural parent); siblings (whole of half) age 18 years or older in descending precedence by age; grandfather or grandmother; any other relative (precedence to be determined in accordance with the civil law of descent of the deceased former member's state of domicile at time of death). (Reference Bureau of Naval Personnel Instruction 1770.2 series). § 724.116 Legal representative. The person(s) representing the interests of the member or former member. Proof of proper interest shall be submitted as may be required by the Naval Discharge Review Board. § 724.117 Counsel/representative. An individual or agency designated by the applicant who agrees to represent the applicant in a case before the Naval Discharge Review Board. It inIcludes but is not limited to: a lawyer who is a member of the bar of a Federal court or of the highest court of a state; an accredited representative designated by an organization recognized by the Administrator of Veterans' affairs; a representative from a state agency concerned with veterans' affairs; and representatives from private organizations or local government agencies. § 724.118 Discharge review. Reappraisal at the level of the Navy Department of discharges from the naval service. The object of the reappraisal is to determine whether the discharge should be changed, and if so, the nature of the change. This reappraisal includes the type and reason/ basis for separation, the procedures followed in accomplishing separation, and the characterization of service. This term includes determinations made under the provisions of Title 38, United States Code, section 3103(e). The Naval Discharge Review Board, established pursuant to 10 U.S.C. 1553, is a component of the Naval Council of Personnel Boards. By Secretary of the Navy Instruction 5430.7 series, Subject: Assignment of Responsibilities to and among the Civilian Executive Assistants to the Secretary of the Navy, the Assistant Secretary of the Navy (Manpower, Reserve Affairs, and Logistics) is authorized and directed to act for the Secretary of the Navy within his assigned area of responsibility and exercises direct supervision over the Naval Council of Personnel Boards. Secretary of the Navy Instruction 5420.135 series, Subject: Naval Council of Personnel Boards, states the organization, mission, duties, and responsibilities of the Naval Council of Personnel Boards to include the Naval Discharge Review Board. By Chief of Naval Operations Notices 5420 of September 9, 1976, and January 24, 1977, the Chief of Naval Operations approved the Naval Council of Personnel Boards as a shore activity with the following mission statement: To administer and supervise assigned boards and councils. § 724.202 Statutory/directive authority. The Naval Discharge Review Board, in its conduct of discharge reviews, shall be guided by the applicable statutes, regulations, bureau manuals, directives of the Department of the Navy, and other written public expres |