Department of the Navy, DoD § 724.302 and reserve Navy and Marine Corps and belief.1 The weight to be given this sources, as required. presumption in determining whether (c) Navy and Marine Corps activities the facts stated in the charge sheet are in the geographical vicinity of selected true is a matter to be determined by review sites shall provide administra- the NDRB. To the extent that the dis- tive support and augmentation to an charge proceeding reflects an official NDRB Panel during its visit where determination that the facts stated in such assistance can be undertaken the charge sheet are true; that the ap- without interference with mission ac- plicant/accused admitted the facts complishment. The NDRB shall coordi- stated in the charge sheet; or that the nate requests for augmentees and ad- applicant/accused admitted guilt of the ministrative support through Com- offense(s), then the presumption is mandant of the Marine Corps or the strengthened. In accordance with para- Chief of Naval Reserve, as appropriate. graph B12f of enclosure (3) to 32 CFR (d) The administrative staff of the part 70 the presumption may be rebut- NCPB shall undertake all arrange- ted by ‘‘substantial credible evidence.’’ ments for NDRB Traveling Panel visits and shall process associated review Subpart C—Director, Naval Coun- documents. cil of Personnel Boards and President Naval Discharge Re- § 724.224 Court-martial specifications, presumption concerning. view Board; Responsibilities in Support of the Naval Dis- (a) Relevant and material facts stat- charge Review Board ed in a court-martial specification, shall be presumed by the NDRB Panel § 724.301 Mission. as established facts. With respect to a discharge or dismissal adjudged by a To administer and supervise assigned boards and councils within the Depart- court-martial case tried under the Uni- ment of the Navy. form Code of Military Justice, the ac- tion may extend only to change in the § 724.302 Functions: Director, Naval discharge or dismissal for purposes of Council of Personnel 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- nization, tasking and resources of the (b) Relevant and material facts stat- NDRB and its associated administra- ed in a court-martial specification, in tive support. the face of which the applicant re- (b) Submit recommendations to the quested a discharge for the good of the Secretary of the Navy regarding policy service to avoid trial by court-martial, and procedures for discharge review. shall be considered in accordance with (c) Provide administrative and cler- the following: ical support for NDRB. (1) If the applicant/accused was re- (d) Inform the Secretary of the Navy quired to admit the facts contained in of matters of interest to him. the charge sheet, or if the discharge authority was required to find that the (e) Maintain a system of records, in- stated facts were true, then the NDRB cluding as a minimum: can presume the truth of such facts, unless there is a substantial credible 1 Charges may be preferred by any person evidence to rebut this presumption; or subject to the Uniform Code of Military Jus- tice. The charges must be signed and sworn (2) If the discharge in lieu of court- to before a commissioned officer authorized martial only required a valid preferral, to administer oaths, and shall state that the the NDRB may presume that the signer signer has personal knowledge of, or has in- either had personal knowledge of, or vestigated the matters set forth therein; and had investigated the matters set forth, that the charges are true in fact to the best and that the charges were true in fact of the signer’s knowledge and belief. 10 U.S.C. 830 (1976) (Art. 30 Uniform Code of to the best of the signer’s knowledge Military Justice). 245 VerDate Aug<31>2005 17:48 Aug 06, 2007 Jkt 211127 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\211127.XXX 211127 mstockstill on PROD1PC66 with CFR.