249 Subpart C—Director, Secretary of the Navy Council of Review Boards and President Naval Discharge Review Board; Re- Sponsib

Department of the Navy, DoD § 724.302

§ 724.223 NDRB support and aug- can presume the truth of such facts, mentation by regular and reserve unless there is a substantial credible activities. evidence to rebut this presumption; or (a) When an NDRB Panel travels for (2) If the discharge in lieu of court- the purpose of conducting hearings, it martial only required a valid preferral, shall normally select Navy or Marine the NDRB may presume that the signer Corps installations in the area visited either had personal knowledge of, or as review sites. had investigated the matters set forth, (b) The NDRB Traveling Board shall and that the charges were true in fact normally consist of members from the to the best of the signer’s knowledge NCPB and augmentees from regular and belief. 1 The weight to be given this and reserve Navy and Marine Corps presumption in determining whether sources, as required. the facts stated in the charge sheet are (c) Navy and Marine Corps activities true is a matter to be determined by in the geographical vicinity of selected the NDRB. To the extent that the dis- review sites shall provide administra- charge proceeding reflects an official tive support and augmentation to an determination that the facts stated in NDRB Panel during its visit where the charge sheet are true; that the ap- such assistance can be undertaken plicant/accused admitted the facts without interference with mission ac- stated in the charge sheet; or that the complishment. The NDRB shall coordi- applicant/accused admitted guilt of the nate requests for augmentees and ad- offense(s), then the presumption is ministrative support through Com- strengthened. In accordance with para- mandant of the Marine Corps or the graph B12f of enclosure (3) to 32 CFR Chief of Naval Reserve, as appropriate. part 70 the presumption may be rebut- (d) The administrative staff of the ted by ‘‘substantial credible evidence.’’ NDRB shall undertake all arrange- ments for NDRB Traveling Panel visits and shall process associated review Subpart C—Director, Secretary of documents. the Navy Council of Review [50 FR 10943, Mar. 19, 1985, as amended at 75 Boards and President Naval FR 747, Jan. 6, 2010] Discharge Review Board; Re- sponsibilities in Support of the § 724.224 Court-martial specifications, Naval Discharge Review presumption concerning. Board (a) Relevant and material facts stated in a court-martial specification, § 724.301 Mission. shall be presumed by the NDRB Panel as established facts. With respect to a To administer and supervise assigned discharge or dismissal adjudged by a boards and councils within the Depart- court-martial case tried under the Uni- ment of the Navy. form Code of Military Justice, the action may extend only to change in the § 724.302 Functions: Director, Sec- retary of the Navy Council of Re- discharge or dismissal for purposes of view Boards. clemency. This policy only applies to cases filed with the discharge review (a) Make recommendations to the board after December 6, 1983. Secretary of the Navy regarding orga- (b) Relevant and material facts stat- nization, tasking and resources of the ed in a court-martial specification, in the face of which the applicant re- 1 Charges may be preferred by any person quested a discharge for the good of the subject to the Uniform Code of Military Jus- service to avoid trial by court-martial, tice. The charges must be signed and sworn shall be considered in accordance with to before a commissioned officer authorized the following: to administer oaths, and shall state that the (1) If the applicant/accused was re- signer has personal knowledge of, or has investigated the matters set forth therein; and quired to admit the facts contained in that the charges are true in fact to the best the charge sheet, or if the discharge of the signer’s knowledge and belief. 10 authority was required to find that the U.S.C. 830 (1976) (Art. 30 Uniform Code of stated facts were true, then the NDRB Military Justice).

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NDRB and its associated administra- (g) Convene the NDRB as authorized tive support. by the Secretary of the Navy. (b) Submit recommendations to the (h) Direct the movement of the Secretary of the Navy regarding policy NDRB Traveling Panel(s) on the basis and procedures for discharge review. of regional hearing requests. (c) Provide administrative and cler- (i) Monitor the performance of the ical support for NDRB. naval discharge review system. Make (d) Inform the Secretary of the Navy recommendations for changes and im- of matters of interest to him. provements. Take action to avoid (e) Maintain a system of records, in- delays in processing of individual dis- cluding as a minimum: charge review actions. (1) Records specified for the NDRB as (j) Provide NDRB inputs for the stipulated in the procedures prescribed maintenance of a public reading file in subpart H of this Manual. and maintain associated NDRB indexes (2) Records required for the adminis- updated quarterly. tration of military and civilian per- [50 FR 10943, Mar. 19, 1985, as amended at 75 sonnel. FR 747, Jan. 6, 2010] (3) Files of correspondence received and issued. § 724.304 Responsibility for Depart- (f) Establish billet/position assign- ment of the Navy support of the ment criteria for the NDRB. Naval Discharge Review Board. (g) Propose to the Secretary of the The Commandant of the Marine Navy, changes to this instruction. Corps; Commander, Naval Military (h) Issue requisite precepts and re- Personnel Command; Commander, move or add members to the NDRB Naval Reserve Force; Commander, from personnel detailed to serve on the Naval Medical Command; and chiefs of Secretary of the Navy Council of Re- other bureaus and offices of the De- view Boards, or from personnel other- partment of the Navy shall provide wise made available. support, as requested, to the Naval dis- [50 FR 10943, Mar. 19, 1985, as amended at 75 charge review process. FR 747, Jan. 6, 2010] § 724.305 Functions of the CMC and § 724.303 Functions: President, Naval CNO. Discharge Review Board. In the case of Navy, CNMPC, under (a) Exercise primary cognizance the CNP, shall discharge responsibil- within the Department of the Navy for ities of the CNO. matters relating to discharge review. (a) Provide and facilitate access by (b) Supervise and direct the activi- the NDRB to service/health records and ties of the NDRB. other data associated with performance (c) Maintain appropriate liaison with of duty of applicants. discharge review activities in other (b) Advise the NDRB of developments services (use Army Discharge Review in personnel management which may Board as focal point for service coordi- have a bearing on discharge review nation). judgments. (d) Maintain coordination with the (c) Implement the discharge review Commandant of the Marine Corps decisions of the NDRB and those of (Code M) and the Commander, Naval higher authority within respective Military Personnel Command in mat- areas of cognizance. ters associated with discharge review. (d) Include the record of NDRB pro- (e) In conformance with ceedings as a permanent part of the SECNAVINST 5211.5 series, protect the service record of the applicant in each privacy of individuals in connection case. with discharge review. (e) Where appropriate, recommend (f) Assure that NDRB functions are cases for the NDRB to review on its administered in accordance with the own motion. appropriate Secretary of the Navy in- (f) Provide qualified personnel as structions dealing with privacy and ac- NDRB members, recorders and admin- cess to information. istrative staff.

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