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Page Title: Presentation of Evidence
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being conducted in a formal atmosphere. When the president is finished with the preliminaries, he or she turns the proceedings over to the recorder. Rules of Evidence An  administrative  board  functions  as  an  admini- strative rather than a judicial body. Consequently, the strict  rules  of  evidence  applicable  at  courts-martial  do not apply. Other than Article 31, UCMJ limitations, the board  should  consider  any  competent  evidence  that  is relevant and material to the case. The respondent must be provided a Privacy Act statement whenever personal information is solicited. Make sure the respondent signs the Privacy Act statement (fig. 9-5) and that a copy is retained in the case file. Presentation of Evidence The recorder presents the case for the government, providing  the  board  with  complete  and  impartial information. Next, the respondent has the opportunity to present matters in his or her behalf. Following any matter presented by the respondent, the recorder may, when he or she deems it appropriate, present rebuttal evidence. When  the  recorder  introduces  rebuttal evidence, the respondent is entitled to do likewise. Finally,  before  closing  for  deliberation,  the  board  may call  any  witness  or  hear  other  evidence  it  deems appropriate. Witnesses are not present during open sessions except when testifying. After all evidence is in and questioning and oral arguments are complete, the hearing  closes  with  only  the  voting  members  present. Burden of Proof The burden of proof before administrative boards is on the govermment and the standard of proof to be employed  is  the  “preponderance  of  evidence”  test. BOARD DECISIONS The board deliberates and votes on its findings and recommendations  in  closed  session. Only  voting members of the board are present during deliberations and voting. The board determines whether each allegation set forth in the notice of proposed separation is supported by   a   preponderance   of   the   evidence.   The   board determines the specific reason(s) for separation and whether the findings warrant separation with respect to the  reason(s)  set  forth  in  the  notice.  Also,  if  the respondent is being processed for more than one reason, there must be a separate determination for each reason. The board must make a recommendation as to retention or separation and suspension of the separation. The board states the following in open proceedings and on the  record: l The specific evidence it considered relating to each act, omission, or circumstance alleged in the notice l Its determination for each alleged act, omission, or circumstance that the preponderance of evidence Under the authority of 5 U.S.C. 301 and 10 U.S.C. 5031 and 5032, DOD Directive 1332.14, SECNAVINST 1910.4, and the MILPERSMAN, information regarding your personal background may be requested to provide the administrative board in your case with additional information upon which to recommend your retention or separation and, if separation is recommended, the characterization of service. The information provided by you will become a permanent part of the record of proceedings of the administrative board and may be used by officials of the Department of the Navy in making recommendations or decisions in your case and by employees and officials of the Department of Defense, the Department of Veterans Affairs, and other federal or state agencies in the performance of their official duties. Disclosure of this information is voluntary. (Signature, rate, SSN and date) Figure 9-5.—Privacy Act statement of respondent. 9-22

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