orized abser mination is p ith the acti -d, of a fa the Disabilit there is an ther memb applicati es or profe ddition, th gal counse ters unde iction to in imple PRC to recom PEBS may be ONDE w the find the nded $ 725.605 General instructions. (a) If, after consideration of all the evidence in a case before it, the PRC considers that the recommended findings of a PEB are correct, the record of proceedings of the PEB shall be forwarded expeditiously to the Secretary (JAG) for final action. (b) In the event that the PRC con- (c) In any case considered under the (d) If the PRC considers that the proposed findings are acceptable, or if, in further consideration of the case in the light of the statement in rebuttal, the PRC agrees that the recommended findings of the PEB are correct, the PRC shall forward the record of proceedings to the Secretary (JAG) for final action. (e) In any case of a party who has had a formal hearing and, as a result of proceedings in revision or a new hearing by a PEB, recommended findings are made, final approval of which in lieu of prior recommended findings made in the case would change final disposition in a manner substantially detrimental to the party, and a rebuttal has been filed to the last PEB's action, the PRC shall refer the case to the NPDRB for further consideration unless the PRC's final findings do not differ in a material respect, detrimental to the party, from the relief sought in the rebuttal. (f) The PRC may, on its own initiative, take no action on the recommended findings of the PEB and return the case to a medical board for further study; or to the PEB for a hearing in revision for correction of errors, or for further development of the case, or for reconsideration of its recommended findings; or to a PEB comprised of different members for another hearing, or to a PEB in a different area for another hearing. (g) In the event one of the members of the PRC, in opposition to the other two members acting on the case, is of the opinion that a case should be returned to a medical board or a PEB for any reason, a brief of the facts shall be submitted directly to the Secretary (Director, ONDE) with a request for instructions as to disposition of the case. (h) Notwithstanding the foregoing provisions of this paragraph, the PRC or any member thereof may at its (or his) discretion, forward any case of a party, who has had a formal hearing or where same has been waived, to the NPDRB for further consideration. However, a member of the PRC may exercise the individual right to refer a case to the NPDRB only when he questions a matter within his area of responsibility. The PRC shall give the party or his counsel notice of such re ns Administration benefits will be ater, the party is not bound in any e to accept them. All parties should especially urged to initiate a claim h the Veterans Administration, bese the Veterans Administration efits may be substantially greater, ending on the party's grade, severof the disability, and his dependenstatus. The party will be shown disability compensation paid by Veterans Administration relates to red or severance pay. Other poten Title 32-National Defense (8) The DESC shall insure that each party counseled has been furnished with a copy of the pamphlet, "Disability Separation" (NAVPERS 1586E/ NAVMC 1117-PD). (9) Review at Departmental level. Each member will be informed of the review procedures that take place at the Departmental level. He will be told that the PRC, and the NPDRB if a case is referred to them, are authorized to recommend changes or modify PEB findings and recommendations, and he will be advised of the rights and elections available to him in such event. benefits, such as past service life rance, survivors' benefits, medical e, and hospitalization, will be pointout. It will be emphasized in all es that the Veterans AdministraI makes its own determination with pect to entitlements and adminision of rights and benefits arising er laws it administers and that the erans Administration is not bound determinations made by the naval ice. (10) Legal advice. Each party or his legal representative will be informed of his right to seek legal advice from an officer so designated from a Navy Law Center (or other activity). To this end, the DESC will assist him in making arrangements for such consultation. § 725.532 Counseling required by other directives. The counseling required by the preceding paragraphs applies to disability evaluation cases and does not replace further separation counseling required by other directives. § 725.533 Action on cases of parties on the Temporary Disability Retired List. Chapter such ac Central (b) W sentative (a) Upon receipt of a report of a periodic physical examination of a party on the TDRL, or a report of other current medical examinations acceptable to the ONDE, the Central PEB shall evaluate such report and take one of the following actions: O Temporary Disability Retired (TDRL). If it has been recomded that the party's name be ed on the TDRL, he will be adof the effect of such a disposi. He (or his legal representative) be counseled that he must underperiodic reexamination when so died by the Chief of Naval Personor the Commandant of the Marine Os, as appropriate, or his retired may be suspended. He will be add that he must notify the Chief of al Personnel (B84) or the Comdant of the Marine Corps (Code I), as appropriate, of any change esidence. The party must be inned that the maximum time he is led to retirement pay as a result is TDRL status is 5 years and that ■ disposition may be made at an er date, whenever a report of perireexamination discloses that his ition has sufficiently stabilized. will be informed that changes in degree of severity of his disability not affect his retired pay while he the TDRL, but that his final discion may result in permanent renent, with the same, a greater, or r percentage of disability; separawith or without severance pay; or pportunity to reenter the naval ce. (a)(2) of clusive holidays to dema (1) If the party's 5-year period on the TDRL will not soon terminate, and the Central PEB considers that no change in his status is indicated, he will be so informed by the Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate. such per by the p if a forn manded, the Cent the PRC referred considera for in thi 8725.534 for fir (2) If the party's 5-year period on the TDRL will soon terminate, or if the Central PEB considers that a change in the party's status is indicated, the Central PEB will take action in accordance with § 725.523, and, unless the party has already indicated his concurrence in such action, he or his legal representative will be notified of such action by the president of the Central PEB. (b) When a party or his legal representative is notified under paragraph (a)(2) of this section, he shall be further informed that he has 5 days, exclusive of Saturdays, Sundays, and holidays, after receipt of notification to demand a formal hearing. After such period (which may be extended by the president of the Central PEB), if a formal hearing has not been demanded, the record of proceedings of the Central PEB shall be forwarded to the PRC. Otherwise, the case shall be referred to a formal PEB for further consideration and action as provided for in this chapter. $ 725.534 Action when party fails to report for final periodic physical examination. (a) If the party fails to report for his final physical examination, or otherwise fails to arrange for an acceptable current medical examination, the Central PEB, upon request, shall consider all available records pertaining to the physical condition of the party concerned and, on the basis thereof, recommend to the Secretary (JAG) via the Physical Review Council one of the following final determinations: (1) That assuming that the party may have undergone maximum improvement consonant with accepted medical principles, he may be considered as fit for duty at the expiration of 5 years after the date his name was placed on the TDRL; or (2) That, based on the available evidence and accepted medical principles, the party is considered unfit for duty as of the expiration of 5 years after the date his name was placed on the TDRL because of the physical disability for which he was temporarily retired ratable at least at ( ) percent under the standard Schedule for Rating Disabilities in current use by the Veterans Administration. (b) In the case of a party who has failed to report for a final periodic physical examination, upon a final determination by the Secretary (JAG) as set forth in paragraph (a)(1) of this section, his name shall be administratively removed from the TDRL at the termination of 5 years on such list or as soon thereafter as practicable. How ever, if the final determination by the Secretary (JAG) is as set forth in paragraph (a)(2) of this section, the party will be permanently retired or separated under 10 U.S.C. sections 1210(c)-(e), as appropriate. The foregoing does not affect any statutory rights if it is subsequently shown that proper notification was not received or that there was just cause for his failure to report. 10 U.S.C. 1210(a). (c) Action under this paragraph shall be prepared by the Central PEB in such form as its president may prescribe and shall be signed by each member acting on the case and by the Recorder. It shall be transmitted to the Secretary (JAG) via the PRC not earlier than 60 days prior to the end of the 5-year period during which the name of the party is carried on the TDRL. Subpart F-The Physical Review § 725.601 Composition. The Director, ONDE, shall convene a PRC, composed of: One senior Navy officer provided by the One senior Marine Corps officer provided One senior Judge Advocate of the Navy or Marine Corps designated by the Judge Advocate General; as members. In addition to the members enumerated above, an officer shall be assigned by the Director, ONDE, to act as the Recorder for the PRC. The officers assigned to the ONDE for duty on the PRC shall be fully cognizant of the policies in their areas of responsibility or technical specialty. The Commandant of the Marine Corps, the Chief of Naval Personnel, the Chief, Bureau of Medicine and Surgery, and the Judge Advocate General shall furnish the Director, ONDE, with the names of senior Navy and Marine Corps officers (as appropriate to their area of responsibility) to act as alternates on the PRC, in the absence of the permanently assigned members. 90-111 0-82--19 [36 FR 2198, Nov. 18, 1971, as amended at 41 § 725.602 Areas of responsibility. (a) The Navy officer shall provide liaison with the Chief of Naval Personnel for the ONDE and shall implement the personnel rules and policies of the Navy as may relate to disability evaluations. To this end, he shall review each record of proceedings of a PEB forwarded to the PRC in the light of such rules and policies, and his professional knowledge and experience, and, as appropriate, shall advise the other members of the PRC of the proper application of such rules and policies as they apply to cases involving a Navy member. (b) The Marine Corps officer shall provide liaison with the Commandant of the Marine Corps for the ONDE and shall implement the personnel rules and policies of the Marine Corps as may relate to disability evaluations. To this end, he shall review each record of proceedings of a PEB forwarded to the PRC in the light of such rules and policies, and his professional knowledge and experience, and, as appropriate, shall advise the other members of the PRC of the proper application of such rules and policies as they apply to cases involving a Marine Corps member. (c) The Medical Officer shall provide liaison with the Chief, Bureau of Medicine and Surgery, for the ONDE and shall implement the rules and policies of such Bureau as may relate to disability evaluations. To this end, he shall review each record of proceedings of a PEB forwarded to the PRC in the light of such rules and policies, established medical principles, and his professional knowledge and experience, and, as appropriate, shall advise the other members of the PRC of the proper application of such rules, policies, and principles. (d) The judge advocate shall provide liaison with the Office of the Judge Advocate General as may relate to disability evaluations. To this end, he shall review records of proceedings of PEBS forwarded to the PRC when ever: (1) A determination that a member's disability is due to misconduct or was Title 32-National Defense incurred during unauthorized absence is proposed; (2) a determination is proposed which conflicts with the action on findings, as approved, of a factfinding body external to the Disability Evaluation System; or (3) there is a request by the Director or other member of the PRC for the proper application of legal rules and principles or professional legal guidance. In addition, the judge advocate shall be legal counsel to the Director for all matters under his cognizance. [41 FR 29814, July 20, 1976] § 725.603 Jurisdiction. The PRC shall have jurisdiction to act in any particular which is in implementation of its function. $ 725.604 Function. (a) It is the function of the PRC to review the proceedings and recommended findings of all formal PEBS and such informal PEBS that may be referred to it by the Director, ONDE. In addition, the PRC shall review the proceedings and recommended findings of all informal PEBS in which the member has accepted a recommended finding of unfit but has requested retention on active duty in a limited assignment status. (b) The PRC shall make its decisions by vote, with the Navy officer, the Marine Corps officer, and the Medical officer voting in all cases. The judge advocate shall vote in those cases provided for in § 725.602(d). The Navy officer shall be senior member in all cases involving a Navy member, and the Marine Corps officer shall be the senior member in all cases involving a Marine Corps member. In those cases in which the judge advocate has not voted, the concurring action of two or more members shall be considered the action of the PRC. In those cases in which the judge advocate has voted, the concurring action of three or more members shall be considered the action of the PRC. Applications for personal appearance by parties concerned will not be entertained. [41 FR 29814, July 20, 1976] (a) If, after consideration of all the ts with the evidence in a case before it, the PRC roved, of considers that the recommended findto the Distings of a PEB are correct, the record (3) there is of proceedings of the PEB shall be forwarded expeditiously to the Secretary (JAG) for final action. or other men oper applica ciples or pro In addition e legal coun matters und (b) In the event that the PRC considers that the recommended findings of the PEB are not correct, but that substitute findings not substantially detrimental to the party are correct, it shall make such substitute findings, and the record of proceedings shall be forwarded to the Secretary (JAG) for final action. (c) In any case considered under the modified procedure prescribed in § 725.514, wherein the party has accepted the recommended findings of the Central PEB, but the PRC does not agree with the findings and proposes substitute findings substantially detrimental to the party, the PRC shall notify the party of the proposed substitute findings and the reasons for disagreement; the party shall be advised of the courses of action available to him. Thereafter, the party shall be afforded a formal hearing, if he demands it or indicates that the proposed substitute findings are not acceptable to him within 5 days, exclusive of Saturdays, Sundays, and holidays, after the receipt of the notification. However, if the proposed substitute findings of the PRC are acceptable to the party or he does not demand a formal hearing, the record of proceedings (with party's signed statement of acceptance attached) shall be forwarded to the Secretary (JAG) for final action. (d) If the PRC considers that the recommended findings of the PEB arrived at after the party has had a formal hearing, are not correct, and proposes substitute findings that would be substantially detrimental to the party, the PRC shall notify the party of such substitute findings. If the party submits a statement in rebuttal to the proposed findings of the PRC, and, after considering the statement in rebuttal, the PRC adheres to its proposed findings, the case shall be referred to the NPDRB. However, if the party advises the PRC that its proposed findings are acceptable, or if, in further consideration of the case in the light of the statement in rebuttal, the PRC agrees that the recommended findings of the PEB are correct, the PRC shall forward the record of proceedings to the Secretary (JAG) for final action. (e) In any case of a party who has had a formal hearing and, as a result of proceedings in revision or a new hearing by a PEB, recommended findings are made, final approval of which in lieu of prior recommended findings made in the case would change final disposition in a manner substantially detrimental to the party, and a rebuttal has been filed to the last PEB's action, the PRC shall refer the case to the NPDRB for further consideration unless the PRC's final findings do not differ in a material respect, detrimental to the party, from the relief sought in the rebuttal. (f) The PRC may, on its own initiative, take no action on the recommended findings of the PEB and return the case to a medical board for further study; or to the PEB for a hearing in revision for correction of errors, or for further development of the case, or for reconsideration of its recommended findings; or to a PEB comprised of different members for another hearing, or to a PEB in a different area for another hearing. (g) In the event one of the members of the PRC, in opposition to the other two members acting on the case, is of the opinion that a case should be returned to a medical board or a PEB for any reason, a brief of the facts shall be submitted directly to the Secretary (Director, ONDE) with a request for instructions as to disposition of the case. (h) Notwithstanding the foregoing provisions of this paragraph, the PRC or any member thereof may at its (or his) discretion, forward any case of a party, who has had a formal hearing or where same has been waived, to the NPDRB for further consideration. However, a member of the PRC may exercise the individual right to refer a case to the NPDRB only when he questions a matter within his area of responsibility. The PRC shall give the party or his counsel notice of such re |