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Legal Advisor - 14135_282
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Presentation of Evidence - 14135_284
REPORTER There is no requirement that a reporter be appointed. Where  witnesses  are  expected  to  testify,  however,  the presence of a reporter is desirable to record the witness’ statements verbatim. WITNESS REQUESTS The  respondent  may  request  the  attendance  of witnesses  in  his  or  her  behalf  at  the  hearing.  The respondent’s request will be in writing, dated, signed by the respondent or his or her counsel, and submitted to the CA, via the president of the board, for his or her decision. If production of a witness will require expenditure of funds by the CA, the written request will also contain the  following: l l l A  synopsis  of  the  testimony  the  witness  is expected  to  give An  explanation  of  the  relevance  of  such testimony  to  the  issue  of  separation  or characterization An explanation as to why written or recorded testimony would not be sufficient The CA may authorize expenditure of funds for production of witnesses. If the CA determines that the personal testimony of a witness is required, the hearing will be postponed or continued, if necessary, to permit the attendance of the witness. Military  witnesses  will  be  issued  TAD  orders  and civilian  witnesses  will  be  issued  invitational  travel orders. Guidance for funding the travel of required witnesses is found in the  Manual  of  the  Judge  Advocate General (JAGMAN). HEARING  PROCEDURE While board proceedings are not a judicial trial, they are formalized to the extent of assuring full opportunity for  presentation  of  the  respondent’s  case. If objections are made at any stage, the president of the board, or legal advisor, will make a formal ruling on the objection and make sure both the objection and basis of the objection are noted in the record. Any member of the board or legal advisor may be challenged  only  on  grounds  that  show  that  the  member cannot render a fair and impartial decision. The president of the board, upon calling the board to order, directs the recorder to make a record as to the time, date, and place of the hearing. The recorder also records  the  identity  and  presence  of  the  appointed members, the recorder, the respondent and respondent’s counsel, and the qualifications of the counsel. Preliminaries At  the  outset  of  the  hearing,  the  president  of  the board  inquires  of  the  respondent  about  his  or  her knowledge of his or her rights, including the following rights: l l l l l l l l l l To appear in person, with or without counsel, or, in his or her absence, have counsel represent him or her at all open board proceedings To challenge any voting member of the board, for cause only To  request  the  personal  appearance  of  witnesses at the administrative board To  submit,  either  before  the  board  convenes  or during  the  proceedings,  sworn  or  unsworn statements,  depositions,  affidavits,  certificates  or stipulations,  including  depositions  of  witnesses not reasonably available or unwilling to appear voluntarily To testify, in his or her own behalf, under oath and  submit  to  cross-examination  or,  in  the alternative,  to  make  or  submit  an  unsworn statement  and  not  be  cross-examined To question any witnesses who appear before the board To examine all documents, reports, statements, and  evidence  available  to  the  board To be informed of, and to interview, all witnesses to be called To  have  witnesses  excluded  except  while testifying To make argument NOTE: A failure on the part of the respondent to exercise any of these rights, after being advised of them, will not bar the board’s proceedings. The president explains the purpose of the board and that the proceedings are administrative in nature. The board is not a formal fact-finding tribunal nor a judicial trial; however, this does not prevent the board from 9-21

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