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Administrative Board Procedure - 14260_159
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Servicemen's Group Life Insurance
prospective witnesses after warning them of their rights under  Article  31,  UCMJ,  where  appropriate.  After consultation with the CO and the president of the board, the recorder notifies the respondent, legal advisor if appointed, essential witnesses as determined by the president and allowed by the convening authority, and counsel as to the time, date, and place of the hearing and of the witnesses expected to be present. Subject to the provisions of MILPERSMAN 3640350, the recorder arranges  for  the  attendance  at  the  hearing  of  the respondent  all  witnesses  for  the  government,  and military or other essential witnesses for the respondent, and assembles pertinent directives, regulations, and records for use by the board. At the hearing, the recorder presents  the  case  against  the  respondent  and  is responsible for preparing the record of the proceedings which should be kept in the summarized form. However, the president of the board, legal advisor, or recorder may request  a  reporter  for  making  a  verbatim  record  of proceedings  as  directed  by  the  convening  authority  or the separation authority. In all cases, the findings and recommendations of the board should be in verbatim form.  Before  the  hearing  the  recorder  should  read Articles 3630100 through 3630900 and 3640350 of the MILPERSMAN   and   NAVMILPERSCOMINST 1910.1. General Procedural Instructions The board functions as an administrative rather than a judicial body. Strict rules of evidence need not be observed; however, reasonable restrictions should be observed  concerning  relevancy  and  competency  of evidence as specified in the MILPERSMAN. The board may refuse to consider further any oral or written matter presented if it is irrelevant, immaterial, or unnecessarily repetitive and cumulative, but no such matter should be rejected or withheld from consideration on the grounds that it would be incompetent for presentation to a court of law. If evidence is classified, the provisions of the Department of the Navy Information and Personnel Security Program Regulation, OPNAVINST 5510.lH, should be observed. Any member of the board or legal advisor maybe challenged only on grounds that show that the member or legal advisor cannot render a fair and an impartial decision. The challenged member or legal advisor may be examined by the respondent’s counsel and other members  of  the  board. No authority exists for the issuance of subpoenas to witnesses  in  connection  with  these  hearings. Appearance  of  civilians  as  witnesses,  including members of the armed forces on inactive duty, may be arranged for, but only on a voluntary basis. Attention is directed to the fact that military personnel on active duty may not be compelled to testify or produce evidence that will incriminate them or be required to answer questions not material to the issue that might tend to degrade them. Findings  and  Recommendations The board should deliberate and vote on its findings and recommendations in closed session. Only voting members  of  the  board  should  be  present  during deliberations  and  voting. The  board  must  make  findings  relative  to  each  of the reasons for processing and, if any positive findings are made, a recommendation as to retention or separa- tion, suspension of separation, and characterization of service or description of separation if separation or suspended  separation  is  recommended.  If  the  member is  eligible  for  transfer  to  the  Fleet  Reserve,  the  board should  recommend  whether  he  or  she  should  be transferred in the current or next inferior paygrade. Findings   and   recommendations   must   be completed as a report, using the format set forth in the MILPERSMAN.  The  report  must  be  signed  by  all members and the counsel for the respondent, or the respondent, if he or she has no counsel. The dissent of any member and the reason(s) must be recorded. The recorder   should   have   the   report   prepared   for completion  and  signing  immediately  upon  concluding the board. BENEFITS COs  should  make  sure  members  under  their command are informed of the benefits provided for members and their families, especially of the provisions and benefits of Servicemen’s Group Life Insurance (SGLI),   Veterans’   Group   Life   Insurance   (VGLI), National  Service  Life  Insurance  (NSLI),  and  the benefits  available  from  the  DVA  and  other  government agencies. Such  information  should  be  provided  by  the command  in  conjunction  with  the  program  of  general military training (GMT). Life insurance agents should not be permitted to address or attend meetings, classes, or mass formations, or any other assembly of naval personnel. It is immaterial that such assembly is for other purposes and the agent’s appearance is incidental. Major commands should designate one or more benefits and insurance officers who may be commissioned or warrant officers or master, senior, or chief petty officers. 12-12

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