After a respondent is notified of the pending
separation processing, the respondent submits to the CO
or OIC a signed and witnessed letter indicating his or
her choice of rights as outlined in the letter of
notification. The response is referred to as a statement
The CO or OIC will allow a reasonable period of
time, not less than 2 working days, for the member to
respond to the notice. An extension may be granted
upon a timely showing of good cause. The election of
the respondent as to each of the specified rights will be
recorded and signed by the respondent and respondents
If notice by mail is required and the respondent fails
to acknowledge receipt or submit a timely reply, that fact
will constitute a waiver of rights and an appropriate
notation will be recorded on a retained copy of the form.
A sample format for the respondents statement of
awareness is illustrated in the MILPERSMAN, Article
As an LN you will see and be a part of an
administrative board proceeding at some time in your
career. Your contribution to an administrative board
may be indirect such as typing the letter of appointment
or direct as a reporter to record verbatim testimony or
as a more senior LN, you may even be assigned to act
as the recorder. No matter what your involvement, the
existence of administrative boards in the overall scheme
of separation processing is a fact of life and you must be
aware of their purpose and mission. How a board is
composed, the duties of board members, and the conduct
of the hearing are important pieces to the overall board
processes. As the assigned reporter, you maybe asked
to record all the proceedings or just the testimony. The
next section will allow you to see how the board
functions from beginning to end.
One of the most important steps a CA must carry out
is appointing the board members. An administrative
board may, by written order, be appointed by any CO
with the authority to convene SPCMs. The CA must
make sure the appointment prevents the appearance of
any impropriety in the assignment of any board
members who may have a preconceived opinion about
the findings or recommendations, or both, to be made
on the respondents case.
The CA must appoint at least three commissioned,
warrant, or noncommissioned officers well-qualified by
reason of grade, leadership, experience, and judicial
Enlisted personnel appointed to the
board will be in paygrade E-7 or above and will be senior
to the respondent.
Enlisted personnel frocked to
paygrade E-7 are not eligible for appointment. At least
one member of the board will be a line officer serving
in grade O-4 or higher.
If the respondent is on active duty when the board
convenes, the senior member must be on the active duty
list of the service in which the respondent serves. When
the respondent is a reservist or holds an appointment as
a Reserve commissioned or warrant officer, at least one
member must be a Reserve commissioned officer.
To avoid split decisions, the CA should not appoint
an even number of members to an administrative board.
If, during the session, one of the members is
successfully challenged, the CA should appoint a
similarly qualified substitute. Also, with respect to
board challenges, if the board has no legal advisor
assigned, the CA must rule on all challenges.
The CA must issue an appointing order for the
administrative board. The order is addressed to the
senior member and its purpose is to inform the senior
member of the names of the other members, the name
of the respondent, and the reason for processing. The
recorder is named in the order as well as the lawyer
assigned to the respondent. A sample appointing order
is shown in figure 9-4.
PRESIDENT OF THE BOARD
The president of an administrative board must make
sure he or she and all the members are familiar with the
MILPERSMAN articles pertaining to the separation for
which the respondent is being processed. During the
proceedings, the president presides at the hearing and is
responsible for its proper conduct in an atmosphere of
decorum and dignity.
If there is no legal advisor
assigned to the board, the president will rule on all
matters of procedure and evidence. However, his or her
rulings may be overturned by a majority of the board.
When no legal advisor is assigned, the president
advises the CA, after consulting with a judge advocate,
to spend funds for producing witnesses when the