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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 COs 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 members 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 members
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 respondents 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
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