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permanently held by the member at the time his name was placed on the TDRL, and may be in the rank, grade, or rating immediately above the rank, grade, or rating permanently held. For the purpose of being placed on a lineal list, promotion list, etc., the member will be given such seniority in rank, grade, or rating, or will be credited with such years of service as the Secretary of the Navy may authorize. In this connection, consideration will be given to the probable opportunities for advancement and promotion to which the member might reasonably have been entitled had it not been for the placement of his name on the TDRL.

$ 725.1005 Regular officer.

An officer in a Regular component shall have his disability retired pay terminated on the date of his recall to active duty and his status on the TDRL terminated on the date of his reappointment on the active list.

§ 725.1006 Regular enlisted member.

An enlisted person of a Regular component shall have both his status on the TDRL and his disability retired pay terminated on the date of his reenlistment in the Regular component of which he was a member before being placed on the TDRL.

§ 725.1007 Reserve officer or enlisted member.

A member of a Reserve component, whether officer or enlisted person, shall have his status on the TDRL and his disability retired pay terminated on the date of his reappointment or reenlistment in a Reserve component, as the case may be.

§ 725.1008 Fleet Reserve or Fleet Marine Corps Reserve members.

(a) A member of the Fleet Reserve or Fleet Marine Corps Reserve on the TDRL who is found fit for duty shall, with his consent, resume his status in the Fleet Reserve or Fleet Marine Corps Reserve in the grade held by him when he was placed on the TDRL, or the next higher grade if considered qualified therefor in view of 10 U.S.C. 1211(f).

(b) A member of the Fleet Reserve or Fleet Marine Corps Reserve on the

TDRL who has less than 20 years' service computed under 10 U.S.C. 1208 and who, as a result of a periodic physical examination, will become entitled to severance pay under 10 U.S.C. chapter 61, shall be given an opportunity to request that his name be removed from the TDRL and that his status in the Fleet Reserve or Fleet Marine Corps Reserve be resumed.

$ 725.1009 Member with less than 20 years' active duty eligible for Fleet Reserve or Fleet Marine Corps Reserve.

A member on the TDRL who has less than 20 years' service computed under 10 U.S.C. 1208 and who, as a result of a periodic physical examination, will become entitled to severance pay under 10 U.S.C. ch. 61, shall be given the opportunity to request transfer to the Fleet Reserve or Fleet Marine Corps Reserve if he has completed 20 years or more of active service under 10 U.S.C. 6330.

$ 725.1010 Reserve officer or enlisted member who has completed 20 years' service under 10 U.S.C. 1332.

A member on the TDRL who has at least 20 years of service computed under 10 U.S.C. 1332 and who, as a result of a periodic physical examination, is determined to be entitled to severance pay under 10 U.S.C. ch. 61, shall be given an election, instead of being separated, to request transfer to the inactive status list under 10 U.S.C. 1209 and 1335.

§ 725.1011 Disposition when member does not consent to reappointment or reenlistment.

If a member does not consent to his reappointment or reenlistment, his status on the TDRL and his disability retired pay shall be terminated as soon as is practicable.

APPENDIX-LIST OF FORMS

NAVSO 6100/9 Cover and Processing Time Sheet.

NAVSO 6100/9a Cover and Processing Time Sheet-Revaluation.

NAVSO 6100/16 Proceedings and Findings of Physical Evaluation Board.

NAVSO 6100/17 Recommended Findings of Physical Evaluation Board.

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than for training) or who are on a retired list, and

(b) Members of the Fleet Reserve or Fleet Marine Corps Reserve who are found by competent medical authority to be mentally incapable of managing their affairs. In this part they shall be referred to as "member" or "members."

§ 726.3 Authority to designate trustees to receive Federal monies.

(a) The Judge Advocate General; the Deputy Judge Advocate General; and any Assistant Judge Advocate General of the Navy; are delegated authority by the Secretary of the Navy to designate the person or persons who may receive active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, otherwise payable to a member of the naval service who, in the opinion of competent medical authority, is mentally incapable of managing his affairs, and for whom no committee, guardian, or other legal representative has been appointed by a court of competent jurisdiction.

(b) The Judge Advocate General has granted to the Assistant Judge Advocate General (Civil Law) [hereafter referred to in this part as the AJAG(CL)] authority to fully administer the Fiduciary Affairs Branch of the Administrative Law Division of the Office. This Branch provides for the designation, supervision, and discharge of trustees for members of the naval service found to be incapable of managing their affairs. All questions and other matters pertaining to trustees for incompetent members should be forwarded to the AJAG(CL); the Director, Administrative Law Division; or the Head, Fiduciary Affairs Branch. [41 FR 26862, June 30, 1976]

§ 726.4 Procedure for medical examinations.

(a) Convening of medical board upon notification by AJAG(CL). When a request for trustee designation has been received by the AJAG(CL), he shall examine the sufficiency of the request or recommendation for the designation of a trustee. If it is sufficient he shall request:

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(1) The commanding officer of the naval hospital to which the alleged mental incompetent may most conveniently be referred for examination; or (2) In case of members receiving medical treatment by a hospital or other activity of the Department of the Army, the Department of the Air Force, the Department of Health and Human Services, or the Veterans' Administration, the Commanding officer or head of the hospital or activity or the appropriate commandant of the naval district; or

(3) In cases of members receiving medical treatment by a non-Federal hospital or other institution, the appropriate commandant of the naval district to convene a board of medical officers or physicians as required by 37 U.S.C. 602 to examine the member in order to determine whether he is capable of handling his affairs.

(b) Members in naval hospitals or ordered before medical boards—(1) Members in naval hospitals presenting mental disorders and who are not immediately due for disposition under 10 U.S.C. 1201-1221. Whenever it appears to the commanding officer of a naval hospital that a member undergoing treatment therein may be mentally incapable of managing his affairs, he shall, unless the member is to be immediately presented to a medical board preliminary to his appearance before a physical evaluation board, convene a medical board of not less than three medical officers or physicians under the jurisdiction of the Secretary of the Navy, one of whom shall be specially qualified in the treatment of mental disorders, to inquire into the mental competency of such member. The board shall be appropriately conducted in accordance with 37 U.S.C. 602 and shall render a definite opinion as to whether or not the member is capable of managing his own affairs.

(2) Members presenting mental disorders and who are ordered before medical boards preliminary to their appearance before a physical evaluation board. Whenever the case of any member presenting, or alleged to present, a mental disorder is referred to a medical board preliminary to appearance before a physical evaluation board, the convening authority shall

ensure that the board is constituted as set forth in 37 U.S.C. 602. In the event that a medical board not so constituted should determine that any member whose case is being considered presents a significant mental disorder, it shall suspend its proceedings and advise the convening authority in order that a properly constituted medical board may be convened. The board, convened in accordance with 37 U.S.C. 602, shall render a definite opinion as to whether or not the member is capable of managing his own affairs.

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(3) Members on the temporary disability retired list. Whenever member on the temporary disability retired list presents, or is alleged to present, or has previously presented at the time of his last examination, a mental disorder, he shall be referred to a command for a periodic physical examination by orders of the Chief of Naval Personnel or the Commandant of the Marine Corps pursuant to paragraph 0901 of the Disability Separation Manual. The receiving command shall convene a board as required by 37 U.S.C. 602. The board shall render a definite opinion as to whether or not the member is capable (or continues to be incapable) of managing his own affairs.

(c) Action by the convening authority. (1) Upon receipt of information that a member of the naval service is alleged to be mentally incapable of handling his affairs, a board of not less than three medical officers or physicians, (one of whom shall be specially trained in the treatment of mental disorders), shall be convened to determine if the alleged mental incompetent is capable of managing his own affairs. Such a board shall also be convened when requested to do so by proper authority or upon receipt of information that a member of another uniformed service in a naval hospital is alleged to be mentally incapable of handling his affairs. In accordance with 37 U.S.C. 602, the board shall consist of at least three qualified medical officers or physicians appointed from medical officers or physicians available to, and under the jurisdiction of, the convening authority. Membership may include members of the Re

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NAVSO 6100/18 Notification to Party of
Formal Hearing.

NAVSO 6100/18A Notification to Party of
Formal Hearing in Absentia.
NAVSO 6100/18B Notification to Legal
Representative of Formal Hearing.
NAVSO 6100/19 Disability Counseling
Worksheet.

NAVMED 1900/1 Certificate Relative to a
Full and Fair Hearing.

PART 726-PAYMENT OF AMOUNTS DUE MENTALLY INCOMPETENT

MEMBERS OF THE NAVAL SERVICE

Sec.

726.1 Purpose. 726.2 Scope.

726.3 Authority to designate trustees to receive Federal monies. 726.4 Procedure for medical examinations. 726.5 Approval of medical board report and suspension of pay account.

726.6 Comfort items while in hospital. 726.7 Procedure for designation of a trust

ee.

726.8 Reports and supervision of trustees. 726.9 Requirement that a trustee shall file a final accounting report.

726.10 Authority of the Judge Advocate General to issue implementing instructions.

726.11 Chapter 11, 37 United States Code.

AUTHORITY: 5 U.S.C. 301; 10 U.S.C. 5031 and 5148; 37 U.S.C. 601-604, 1001; 32 CFR 700.206 and 700.1202.

SOURCE: 35 FR 13083, Aug. 18, 1970, unless otherwise noted.

NOTE: This part is Chapter XV of the Manual of the Judge Advocate General of the Navy.

726.1 Purpose.

This part prescribes the regulations necessary to carry out 37 U.S.C. Chaper 11, "Payments to Mentally Incom>etent Persons".

726.2 Scope.

37 U.S.C. Chapter 11 grants authoriy for the designation of a trustee without appointment in judicial proeedings of a committee, guardian, or ther legal representative by a court f competent jurisdiction) to receive he active-duty pay and allowances, mounts due for accrued or accumuted leave, or retired or retainer pay, therwise payable to:

(a) Members of the Navy or Marine orps who are on active duty (other

than for training) or who are on a retired list, and

(b) Members of the Fleet Reserve or Fleet Marine Corps Reserve who are found by competent medical authority to be mentally incapable of managing their affairs. In this part they shall be referred to as "member" or "members."

§ 726.3 Authority to designate trustees to receive Federal monies.

(a) The Judge Advocate General; the Deputy Judge Advocate General; and any Assistant Judge Advocate General of the Navy; are delegated authority by the Secretary of the Navy to designate the person or persons who may receive active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, otherwise payable to a member of the naval service who, in the opinion of competent medical authority, is mentally incapable of managing his affairs, and for whom no committee, guardian, or other legal representative has been appointed by a court of competent jurisdiction.

(b) The Judge Advocate General has granted to the Assistant Judge Advocate General (Civil Law) [hereafter referred to in this part as the AJAG(CL)] authority to fully administer the Fiduciary Affairs Branch of the Administrative Law Division of the Office. This Branch provides for the designation, supervision, and discharge of trustees for members of the naval service found to be incapable of managing their affairs. All questions and other matters pertaining to trustees for incompetent members should be forwarded to the AJAG(CL); the Director, Administrative Law Division; or the Head, Fiduciary Affairs Branch. [41 FR 26862, June 30, 1976]

§ 726.4 Procedure for medical examinations.

(a) Convening of medical board upon notification by AJAG(CL). When a request for trustee designation has been received by the AJAG(CL), he shall examine the sufficiency of the request or recommendation for the designation of a trustee. If it is sufficient he shall request:

(1) The commanding officer of the naval hospital to which the alleged mental incompetent may most conveniently be referred for examination; or

(2) In case of members receiving medical treatment by a hospital or other activity of the Department of the Army, the Department of the Air Force, the Department of Health and Human Services, or the Veterans' Administration, the Commanding officer or head of the hospital or activity or the appropriate commandant of the naval district; or

(3) In cases of members receiving medical treatment by a non-Federal hospital or other institution, the appropriate commandant of the naval district to convene a board of medical officers or physicians as required by 37 U.S.C. 602 to examine the member in order to determine whether he is capable of handling his affairs.

(b) Members in naval hospitals or ordered before medical boards—(1) Members in naval hospitals presenting mental disorders and who are not immediately due for disposition under 10 U.S.C. 1201-1221. Whenever it appears to the commanding officer of a naval hospital that a member undergoing treatment therein may be mentally incapable of managing his affairs, he shall, unless the member is to be immediately presented to a medical board preliminary to his appearance before a physical evaluation board, convene a medical board of not less than three medical officers or physicians under the jurisdiction of the Secretary of the Navy, one of whom shall be specially qualified in the treatment of mental disorders, to inquire into the mental competency of such member. The board shall be appropriately conducted in accordance with 37 U.S.C. 602 and shall render a definite opinion as to whether or not the member is capable of managing his own affairs.

(2) Members presenting mental disorders and who are ordered before medical boards preliminary to their appearance before a physical evaluation board. Whenever the case of any member presenting, or alleged to present, a mental disorder is referred to a medical board preliminary to appearance before a physical evaluation board, the convening authority shall

ensure that the board is constituted as set forth in 37 U.S.C. 602. In the event that a medical board not so constituted should determine that any member whose case is being considered presents a significant mental disorder, it shall suspend its proceedings and advise the convening authority in order that a properly constituted medical board may be convened. The board, convened in accordance with 37 U.S.C. 602, shall render a definite opinion as to whether or not the member is capable of managing his own affairs.

(3) Members on the temporary disability retired list. Whenever a member on the temporary disability retired list presents, or is alleged to present, or has previously presented at the time of his last examination, a mental disorder, he shall be referred to a command for a periodic physical examination by orders of the Chief of Naval Personnel or the Commandant of the Marine Corps pursuant to paragraph 0901 of the Disability Separation Manual. The receiving command shall convene a board as required by 37 U.S.C. 602. The board shall render a definite opinion as to whether or not the member is capable (or continues to be incapable) of managing his own affairs.

(c) Action by the convening authority. (1) Upon receipt of information that a member of the naval service is alleged to be mentally incapable of handling his affairs, a board of not less than three medical officers or physicians, (one of whom shall be specially trained in the treatment of mental disorders), shall be convened to determine if the alleged mental incompetent is capable of managing his own affairs. Such a board shall also be convened when requested to do so by proper authority or upon receipt of information that a member of another uniformed service in a naval hospital is alleged to be mentally incapable of handling his affairs. In accordance with 37 U.S.C. 602, the board shall consist of at least three qualified medical officers or physicians appointed from medical officers or physicians available to, and under the jurisdiction of, the convening authority. Membership may include members of the Re

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