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General Procedural Instructions
Counsel. A member has the right to consult with qualified counsel when the notification procedure is initiated. Response. The CO should allow a reasonable period of time of not less than 2 working days for the member to  respond  to  the  notice.  An  extension  maybe  granted upon a timely showing of good cause by the member. All  separation  recommendations  must  be  signed  by the CO or acting CO and not by direction. ADMINISTRATIVE  BOARD  PROCEDURE If a member being processed for administrative separation is entitled, and elects, to present his or her case   before   a   board,   strict   compliance   with   the provisions  of  the  MILPERSMAN  is  required.  The administrative  board  procedure  should  be  used  to process administrative separations in the following circumstances: . If a member with 6 or more years of total active and Reserve military service being processed under  the  notification  procedure  requests  aboard .  If  the  proposed  reason  for  separation  requires  a board l  If  the  proposed  characterization  of  service  is under  other  than  honorable  conditions When  an  administrative  board  is  required,  the member should be notified in writing by his or her CO. Specific  guidelines  on  the  matters  that  should  be covered  in  the  CO’s  notification  letter  and  the  proper format  for  the  Notice  of  an  Administrative  Board Procedure  Proposed  Action  are  contained  in  the MILPERSMAN. If the CO of the member’s command does not have SPCMCA  and  the  member  desires  a  board,  the following procedure must be used. The CO will give the member  the  letter  of  notification  and  statement  of awareness. The next reporting senior with SPCMCA will  convene  the  administrative  board.  The  member’s command will forward the case to BUPERS via the convening  authority,  using  a  standard  letter  of transmittal. Detailed instructions pertaining the actions of a CO without authority to convene an SPCMCA and the convening authority of an administrative board are outlined in the MILPERSMAN. The   convening   authority   is   responsible   for appointing  members  to  an  administrative  board  of  at least   three commissioned, warrant,   or noncommissioned officers well qualified by reason of grade,   leadership,   experience,   and   judicious temperament. The senior member will be appointed as the president of the board. Enlisted personnel appointed to the board should be in paygrade E-7 or above and should be senior to the respondent. Enlisted personnel frocked to E-7 are not eligible for appointment. At least one member of the board should be a lone officer serving in  grade  O-4  or  higher  and  a  majority  should  be commissioned and/or warrant officers (except that a Staff Corps officer in the grade O-4 or higher maybe appointed if the convening authority has no line officer in grade O-4 or higher reasonably available). 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. An officer frocked to grade O-4 is not eligible for appointment to meet the O-4 officer requirement. When no  active  duty  list  officer  is  reasonably  available,  the convening authority may substitute an officer in the temporary active reserves (TAR) of fill-time support (FTS) who has served on continuous active duty for more than 12 months immediately before appointment to the board. An explanation as to why an O4 officer on the active duty list is not reasonably available should be included in the comments of the CO in the letter of transmittal  that  is  forwarded  following  the  conclusion of the administrative board to CHNAVPERS via the convening authority. Care should be exercised in the appointment process to prevent the appearance of any impropriety in the appointment of any board members who may have a preconceived opinion regarding the findings and recommendations to be made relative to a particular  respondent’s  case.  To  avoid  split  decisions, the convening authority should not appoint an even number  of  members  to  an  administrative  board. The convening authority may appoint a nonvoting legal advisor who should not be both junior to and in the same direct chain of command as any voting member of the board. The convening authority also appoints a nonvoting recorder. The recorder is to be an active duty member if the  respondent  is  serving  on  active  duty.  As  an exception,  the  convening  authority  may  appoint  a Reserve  Judge  Advocate  as  recorder  for  administrative board  proceedings. The recorder is responsible for the clerical and preliminary work of the hearing but is not a member of the board. The recorder conducts a preliminary review of available evidence and, before the hearing, interviews 12-11

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