ance, dislocation allowance and travel allowance to applicants entitled thereto.

(5) Authorizing participation, declination, or modification of an election under the Retired Serviceman's Family Protection Plan and/or the Survivor Benefit Plan where failure to elect to participate, decline to participate, or to make an appropriate election was due to inadvertence, misunderstanding or through no fault of the service member.

(6) Placement in a temporary or permanent disability retired status, including appropriate percentage of disability, of applicants who were clearly physically unfit and were inadvertently or improperly separated.

(7) Award of variable reenlistment bonus, proficiency pay, enlistment and/or reenlistment bonus to applicants clearly entitled thereto.

(8) Change of home of record where upon entry on duty applicants erroneously reported other than home.

actual

(9) Award of reserve participation credit in computation of years of satisfactory servic where such service was improperly or erroneously credited.

(2) The Executive Secretary of the Board, after assuring compliance with the above conditions, will announce the final action on applications processed under this paragraph.

[42 FR 18277, Apr. 6, 1977]

§ 723.7 Action by the Secretary.

The record of proceedings of the Board, except in cases finalized by the Board under the authority delegated in paragraph (e) of § 723.6 or those denied by the Board without a hearing, will be forwarded to the Secretary of the Navy who will direct such action in each case as he determines to be appropriate, which may include the return of the record to the Board for further consideration when deemed necessary. Those cases returned for further consideration shall be accompanied by a brief statement setting out the reasons for such action and any specific instructions. If the Secretary's decision is to deny relief, such decision shall be in writing and, unless he expressly adopts in whole or in part the

findings, conclusions and recommendation of the Board, shall include a brief statement of the grounds for denial. See paragraph (e)(5) of § 723.3. [42 FR 18278, Apr. 6, 1977]

§ 723.8 Staff action.

(a) Upon final action by the Secretary of the Navy, the record of proceedings shall be returned to the Board for disposition. The Board shall transmit the decision previously submitted and approved by the Secretary of the Navy to the proper naval authority for appropriate action.

(b) The addresses of such decisions shall report compliance therewith to the Chairman of the Board.

(c) The Board shall transmit a copy of the record of proceedings to theproper naval authority for filing in the service record of lthe subject of the application except where the effect of such action would be to nullify the relief granted. In such cases no reference in the service record or files of the applicant and all copies of the record of proceedings and any related papers shall be forwarded to the Board and by it retained in a confidential file maintained for the purpose. Access to such file shall be had only upon written order of the Secretary of the Navy.

(d) Upon receipt of the record of proceedings after final action by the Secretary of the Navy, or by the Board acting under the authority contained 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]

§ 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]

§ 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 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 recoinmendations 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 payment, the person, or persons to whom payments are to be made shall be advised by the disbursing activity as to 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]

§ 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 Register." 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 with

in

accordance

§ 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]

724.1001 Responsibility.

724.1002 Functions of the Commandant of the Marine Corps and Chief of Naval Personnel.

724.1003 Functions of the Chief of the Bureau of Medicine and Surgery. 724.1004 Functions of the Commandant of the Marine Corps and Chief of Naval Reserve (refer to § 724.324). 724.1005 Functions of the Commandants of Naval Districts and Directors of Marine Corps Districts (refer to § 724.324).

Appendix A-Methods by which individuals

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 certain categories of discharges.

30-084 0-79--16

Appendix C-Oath or affirmation to be administered to Discharge Review Board members.

Appendix D-Principal forms employed by the Naval Discharge Review Board. Authority: Sec. 301, Title 1, Act of June 22, 1944 (10 U.S.C. 1553).

Source: 42 FR 18589, Apr. 8, 1977, unless otherwise noted.

Subpart A-Definitions

§ 724.101 Naval service.

The Naval Service is comprised of the uniformed members of the United States Navy and the United States Marine Corps, including active and inactive reserve components.

§ 724.102 Naval Discharge Review Board.

(a) A board, hereinafter referred to as the "Board", established by the Secretary of the Navy pursuant to Title 10, United States Code (1970 ed.), section 1553, for the review of discharges of former members of the Naval Service.

(b) Where reference is made to the "Traveling Board", it is intended only to differentiate the Board performing its functions elsewhere than at its home office in the Washington, DC area. The nature of and procedures for the review functions are identical whether performed in Washington or elsewhere.

§ 724.103 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 Board, the term "discharge" used herein shall, for the purpose of ease of expression, include any complete sepa

ration from the Naval Service other than that pursuant to the sentence of general court-martial.

§ 724.104 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. There are three types of administrative discharges:

(a) Honorable. separation from the Naval Service with honor. The issuance of an honorable discharge is contingent upon proper military behavior and performance of duty.

(b) General. A separation from the Naval Service under honorable conditions. The issuance of a general discharge is contingent upon military behavior and performance of duty which is not sufficiently meritorious to warrant an honorable discharge.

(c) Under Other Than Honorable Conditions (formerly termed Undesirable Discharge). A separation from the Naval Service under conditions other than honorable. It is issued for misconduct, security reasons, or for the good of the service in lieu of trial by courtmartial, and was formerly issued for unfitness.

§ 724.105 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.

§ 724.106 Clemency discharge.

(a) The clemency discharge was created by the President on September 16, 1974, in his Proclamation 4313, "Announcing a Program for the Return of Vietnam Era Draft Evaders