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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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