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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.
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