Title 32--NATIONAL DEFENSE
Chapter VI--DEPARTMENT OF THE NAVY


Navy Regulations began with the enactment by the Continental Congress of the ``Rules for the Regulation of the Navy of the United Colonies'' on November 28, 1775. The first...


United States Code, section 6011, provides that United States Navy Regulations shall be issued by the Secretary of the Navy. Regulations issued under this authority are...


is the principle regulatory document of the Department of the Navy, endowed with the sanction of law, as to duty, responsibility, authority, distinctions and relationships...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.104] [Page 11] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart A--Navy Regulations Sec. 700.104 Statutory authority for prescription of other regulations. The Secretary of the Navy may prescribe regulations to carry out his or her functions, powers and duties under Title 10, United States Code. [[Page 12]] ...


officials of the Department of the Navy may issue, or cause to be issued, directives concerning matters over which they exercise command, control or supervision, which do...


due regard for the imposition of workload resulting therefrom and benefits or advantages to be gained. Issuance of new directives will be in accordance with the following: ...


for maintaining Navy Regulations, and for ensuring that Navy Regulations conforms to the current needs of the Department of the Navy. When any person in the Department...


affairs of the country began with the war for independence, the American Revolution. On 13 October 1775, Congress passed legislation for ships. This, in effect, created...


the Navy, shall be organized, trained, and equipped primarily for prompt and sustained combat incident to operations at sea. It is responsible for the preparation of...


the Secretary of the Navy. It operates under the authority, direction and control of the Secretary of Defense. (b) The Department of the Navy is composed of...


of the Navy consists of three elements; the Navy Department, the Operating Forces of the Navy and the Marine Corps, and the Shore Establishment. [[Page 14]] ...


The Secretary of the Navy The Secretary of the Navy is responsible to the Secretary of Defense for: (a) The functioning and efficiency of the Department of...


the head of the Department of the Navy. The Secretary is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Navy, including...


office, is absent or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.304] [Page 15] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart C--The Secretary of the Navy Sec. 700.304 Recommendations to Congress. After first informing the Secretary of Defense, the Secretary of the Navy may make such recommendations to Congress relating to the Department of Defense as he or she considers appropriate. ...


powers, and duties as he or she considers appropriate to the Under Secretary of the Navy and to the Assistant Secretaries of the Navy. Officers of the Navy and the...


(a) Assign, detail and prescribe the duties of members of the Navy and Marine Corps and civilian personnel of the Department of the Navy; and (b) Change the title of any...


a service in the Navy under Section 3 of Title 14, United States Code, the Secretary of the Navy has the same powers and duties with respect to the Coast Guard as...


to assist the Secretary in carrying out his or her responsibilities. The Office of the Secretary of the Navy is composed of the following: (a) The Civilian...


have sole responsibility within the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations and the Headquarters, Marine Corps, for the...


of the Secretary of the Navy, the Civilian Executive Assistants, the Chief of Naval Operations, the Commandant of the Marine Corps and the Staff Assistants are...


identified in Sec. 700.310, are assigned department-wide responsibilities essential to the efficient administration of the Department of the Navy. (b) Each...


perform such duties and exercise such powers as the Secretary of the Navy shall prescribe. (b) The Under Secretary of the Navy is designated as the deputy and...


four Assistant Secretaries of the Navy. The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe in accordance...


of the Navy (Financial Management) is the Comptroller of the Navy, and is responsible for all matters related to the financial management of the Department of the...


The Assistant Secretary of the Navy (Manpower and Reserve Affairs) is responsible for: (a) The overall supervision of manpower and reserve component affairs of the Department...


The Assistant Secretary of the Navy (Installations and Environment) is responsible for: (a) Policy relating to Navy installations, facilities, environment, safety,...


The Assistant Secretary of the Navy (Research, Development and Acquisition) is responsible for: (a) Research, development and acquisition, except for...


Office of the General Counsel and is responsible for providing legal advice, counsel, and guidance within the Department of the Navy on the following matters: (1) Business...


assist the Secretary of the Navy, or one or more of the Civilian Executive Assistants, in the administration of the Navy. They supervise all functions and activities...


commands the Office of the Judge Advocate General and is the Chief of the Judge Advocate General's Corps. The Judge Advocate General: (1) Provides or supervises the...


the Navy, the Naval Inspector General: (1) Inspects, investigates or inquires into any and all matters of importance to the Department of the Navy with particular...


the Office of the Chief of Naval Research, the Office of Naval Research, the Office of Naval Technology and assigned shore activities. (b) The Office of Naval...


of the Secretary of the Navy in all public affairs and internal relations matters. The Chief of Information is authorized to implement Navy public affairs...


is to: (a) Plan, develop and coordinate relationships between representatives of [[Page 20]] the Department of the Navy and members of committees...


Program Appraisal, directs, under the immediate supervision of the Secretary of the Navy, the Office of Program Appraisal. (b) The Office of Program Appraisal will assist...


(1) Serving as Director of the Naval Audit Service; and (2) Developing and implementing Navy internal audit policies, programs and procedures within the framework...


the grade of admiral. In the performance of duties within the Department of the Navy, the Chief of Naval Operations takes precedence above all other officers of the...


Operations, or during the absence or disability of the Chief of Naval Operations: (a) The Vice Chief of Naval Operations shall perform the duties of the Chief of...


(a) Except as otherwise prescribed by law, and subject to the statutory authority of the Secretary of the Navy to assign functions, powers and duties, the Chief of...


(a) The Office of the Chief of Naval Operations shall furnish professional assistance to the Secretary, the Under Secretary and the Assistant Secretaries of the...


is the principal naval advisor and naval executive to the Secretary of the Navy on the conduct of the naval activities of the Department of the Navy. (b)(1) Internal...


service craft. (a) The Chief of Naval Operations shall be responsible for the Naval Vessel Register (except the Secretary of the Navy shall strike vessels from...


has the grade of general. In the performance of duties within the Department of the Navy, the Commandant of the Marine Corps takes precedence above all other officers of...


the Marine Corps, or during the absence or disability of the Commandant: (a) The Assistant Commandant of the Marine Corps shall perform the duties of the Commandant until...


(a) Except as otherwise prescribed by law and subject to the statutory authority of the Secretary of the Navy to assign functions, powers and duties, the Commandant...


(a) The Headquarters, Marine Corps, shall furnish professional assistance to the Secretary, the Under Secretary and the Assistant Secretaries of the Navy, and to the...


administration of the Department of the Navy, the Commandant of the Marine Corps, consistent with the statutory authority assigned to commanders of unified or specified...


as a service in the Navy. (a) Upon the declaration of war or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall...


the Coast Guard. (a) The Commandant of the Coast Guard is the senior officer of the United States Coast Guard. (b) When reporting to the Secretary of the Navy,...


In exercising command over the Coast Guard while operating as a service of the Navy, the Commandant shall: (a) Organize, train, prepare and maintain...


(a) The commander of a principal organization of the operating forces of the Navy, as determined by the Chief of Naval Operations, or the officer who...


be responsible for the satisfactory accomplishment of the mission and duties assigned to their commands. Their authority shall be commensurate with their...


shall so advise appropriate superiors, and the units of their commands. (b) When appropriate, commanders shall also advise the following officers and...


their commands in a state of readiness to perform their missions. In conformity with the orders and policies of higher authority, they shall: (a) Organize the forces...


observe, and require their commands to observe, the principles of international law. Where necessary to fulfill this responsibility, a departure from other provisions of...


immediate superiors appropriately informed of: (a) The organization of their commands, the prospective and actual movements of the units of their commands, and the...


and other designated persons assigned to a commander to assist him or her in the administration and operation of his or her command. (b) The officer detailed as chief...


The chief of staff and aide or chief staff officer, under the commander, shall be responsible for supervising and coordinating the work of the staff and shall be kept informed of...


general discipline, the staff of a commander embarked and all enlisted persons serving with the staff shall be subject to the internal regulations and routine of the ship. They shall...


is based ashore, the enlisted persons serving with the staff shall, when practicable, be assigned to an appropriated activity for purposes of administration and discipline. The...


(a) When it is not practicable to assign enlisted persons serving with the staff of a commander to an established activity for administration and discipline,...


Any flag or general officer in command, any officer authorized to convene general courts-martial, or the senior officer present may designate organizations which are separate...


In addition to commanding officers, the provisions of this chapter shall apply, where pertinent, to aircraft commanders, officers in charge (including warrant officers...


his or her command is absolute, except when, and to the extent, relieved therefrom by competent authority, or as provided otherwise in these regulations. The authority of...


of the Navy shall be organized and administered in accordance with law, United States Navy Regulations, and the orders of competent authority. All orders and instructions...


shall keep under restraint or surveillance, as necessary, any person not in the armed services of the United States who is found under incriminating or irregular...


of visitors to their commands and shall comply with the relevant provisions of Department of the Navy concerning classified information and physical security. ...


their agents shall not be admitted within a command, except as authorized by the commanding officer: (1) To conduct public business; (2) To transact specific...


are administered in accordance with instructions issued by the Postmaster General and approved for the naval service by the Chief of Naval Operations, and instructions...


his or her command, shall ensure that the cause of death and the circumstances under which death occurred are established, that the provisions of the Manual of the...


of the Navy, and subject to such instructions as the Secretary may issue, the American National Red Cross is authorized to conduct a program of welfare, including...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.819] [Page 30] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart H--The Commanding Officer Sec. 700.819 Records. The commanding officer shall require that records relative to personnel, material and operations, as required by current instructions, are maintained properly by those responsible therefor. ...


(a) Commanding officers or other persons in authority shall not deliver any person in the naval service to civil authorities except as provided by the Manual of the...


to safeguard personnel, to prevent unauthorized access to installations, equipment, materials and documents, and to safeguard them against acts of sabotage, damage, theft,...


every effort to maintain the command in a state of maximum effectiveness for war or other service consistent with the degree of readiness as may be prescribed by proper...


a ship under his or her command to be searched on any pretense whatsoever by any person representing a foreign state, nor permit any of the personnel within the confines of...


state and local governmental authorities in the prevention, control and abatement of environmental pollution. If the requirements of any environmental law cannot be...


shall cause such inspections and tests to be made and procedures carried out as are prescribed by competent authority, together with such others as he or she deems necessary,...


local governments, foreign governments, private parties and morale, welfare, and recreational activities. (a) Work may be done for or on facilities, supplies,...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.840] [Page 32] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart H--The Commanding Officer Sec. 700.840 Unauthorized persons on board. The commanding officer shall satisfy him or herself that there is no unauthorized person on board before proceeding to sea or commencing a flight. ...


aircraft and ships of the Navy by all persons, within or without the Department of the Navy, shall be exercised by the Chief of Naval Operations. (b) Nothing in this...


or in orders from competent authority, all passengers in a ship or aircraft of the naval service are subject to the authority of the commanding officer and shall...


on board his or her ship or aircraft. He or she shall not permit a marriage ceremony to be performed on board when the ship or aircraft is outside the territory of...


by each ship in commission, and by such other ships and craft as may be designated by the Chief of Naval Operations. (b) A compass record shall be maintained as...


bearing hooks, the engineer's bell book, and any records generated by automated data logging equipment shall each constitute an official record of...


(a) In an in-service ship of the Military Sealift Command, the master's responsibility is absolute, except when, and to the extent, relieved therefrom by competent...


with the approval of the senior officer present, may receive on board as supernumeraries for rations and passage: (a) Distressed seamen of the United States...


rights, privileges and comity of nations as part of the ship or aircraft to which they belong. (b) In ports where war, insurrection or armed conflict exists...


all ordinary circumstances, but he may employ pilots whenever, in his or her judgment such employment is prudent; (2) Not call a pilot on board until the ship is ready...


(a) The commanding officer is responsible for the safe navigation of his or her ship or aircraft, except as prescribed otherwise in these regulations for ships at a naval...


ship or aircraft shall comply with all quarantine regulations and restrictions, United States or foreign, for the port or area within which the ship or aircraft is located. ...


aircraft commander shall facilitate any proper examination which it may be the duty of a customs officer or immigration officer of the United States to make on board the ship...


(a) The commanding officer of a naval station or shipyard shall be responsible for the care and safety of all ships and craft at such station or shipyard not under a...


drydock shall be responsible for effecting adequate closure, during such periods as they will be unattended, of all openings in the ship's bottom upon which no work is...


the authority designated to place such ship in commission shall, just prior to commissioning, cause an inspection to be made to determine the cleanliness and readiness of...


may be prescribed by the Chief of Naval Operations, the prospective commanding officer of a ship not yet commissioned shall have no independent authority over the preparation of...


Unless some other officer has been so designated by competent authority, the ``senior officer present'' is the senior line officer of the Navy on active duty, eligible...


Naval Reserve, on active duty, except those designated for the performance of engineering, aeronautical engineering or special duties, and except those limited...


these regulations, or in orders from competent authority, the senior officer present shall assume command and direct the movements and efforts of all persons in the Department...


responsibility of the senior officer present are also conferred upon the senior commanding officer of the Marine Corps present with respect to those units of the Marine...


of persons, except in an area that can absorb them without danger of disturbance or disorder, the senior officer present shall cause to be established, temporarily...


preserve the health of the persons under his or her authority. He or she shall obtain information regarding the healthfulness of the area and medical facilities...


present may require the officers of the Medical Corps and Dental Corps under his or her authority to render emergency professional aid to persons not in the naval service...


where there is no resident consul of the United States, the senior officer present afloat has the authority to exercise all powers of a consul in relation to mariners of...


Department of the Navy is requested to provide asylum or temporary refuge, the following procedures shall apply: (1) On the high seas or in territories under exclusive...


(a) All persons in the naval service on active service, and those on the retired list with pay, and transferred members of the Fleet Reserve and the Fleet Marine...


succeeds to command due to incapacity, death, departure on leave, detachment without relief or absence due to orders from competent authority of the officer detailed to command,...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.1038] [Page 40] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart J--Precedence, Authority and Command Sec. 700.1038 Authority of a sentry. A sentry, within the limits stated in his or her orders, has authority over all persons on his or her post. Detail to Duty ...


or not on active service shall be ordered into active service or on duty without permission of the Commandant of the Marine Corps, or the Chief of Naval Personnel,...


any other naval commander, may detail in command of a task force, or other task command, any eligible officer within his or her command whom he or she desires. All other...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.1054] [Page 41] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart J--Precedence, Authority and Command Sec. 700.1054 Command of a naval base. The officer detailed to command a naval base shall be an officer of the line in the Navy, eligible for command at sea. ...


naval shipyard shall be trained in the technical aspects of building and repair of ships and shall have had substantial previous experience in the technical and management phases...


shall be an officer of the line in the Navy eligible for command at sea. (b) The officer detailed to command an aircraft carrier, an aircraft tender, or a ship with...


naval aviation school, a naval air station, or a naval air unit organized for flight tactical purposes shall be an officer of the line in the navy, designated as a...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.1058] [Page 42] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart J--Precedence, Authority and Command Sec. 700.1058 Command of a submarine. The officer detailed to command a submarine shall be an officer of the line in the Navy, eligible for command at sea and qualified for command of submarines. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR700.1059] [Page 42] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents Subpart J--Precedence, Authority and Command Sec. 700.1059 Command of a staff corps activity. Officers in a staff corps shall be detailed to command only such activities as are appropriate to their corps. ...


Except as otherwise provided in the Uniform Code of Military Justice, no person in the naval service may demand a court martial either on him or herself or on any...


administration to determine specification or other compliance, no person in the Department of the Navy, in his or her official capacity, shall endorse or express...


(a) Except as specifically provided in this section, maintenance of personal records of individuals, and the release of those records, shall be in accordance with the...


person in the Department of the Navy shall convey or disclose by oral or written communications, publication, graphic (including photographic) or other means, any...


the Navy may be corrected by the Secretary of the Navy, acting through the Board for Correction of Naval Records, when the Secretary considers that such action should be...


withdraw official records or correspondence from the files, or destroy them, or withhold them from those persons authorized to have access to them. (b) Except...


not provide official information, testimony, or documents, submit to interview, or permit a view or visit, for litigation purposes, without special...


(a) All personnel shall endeavor to prevent and eliminate the unauthorized use of marijuana, narcotics and other controlled substances within the naval service. ...


the naval service responsible for the operation of naval ships, craft and aircraft shall diligently observe the International Rules for Preventing Collisions at Sea (commonly...


the Navy, the introduction, possession or use of alcoholic beverages on board any ship, craft, aircraft, or in any vehicle of the Department of the Navy is prohibited....


enlisted members which are unduly familiar and which do not respect differences in rank are inappropriate and violate long-standing traditions of the naval service. ...


the Department of the Navy. It is a form of arbitrary discrimination which is unprofessional, unmilitary, and which adversely affects morale and discipline and...


any organization that espouses supremacist causes; attempts to create illegal discrimination based on race, creed, color, sex, religion, or national origin; advocates the use...


Program Sec. 701.1 Purpose. Subparts A, B, C, and D of this part issue policies and procedures for implementing the Freedom of Information Act...


Program Sec. 701.2 Navy FOIA website/FOIA handbook. (a) The Navy FOIA website (http://www.ogc.secnav.hq.navy. mil/foia/ index.html) is an...


Program Sec. 701.3 Applicability. (a) Subparts A, B, C, and D of this part apply throughout the Department of the Navy (DON) and take precedence...


Program Sec. 701.4 Responsibility and authority. (a) The Head, DON PA/FOIA Policy Branch [CNO (N09B30)] has been delegated the responsibility...


Program Sec. 701.5 Policy. (a) Compliance with the FOIA. DON policy is to comply with the FOIA as set forth in the Department of Defense's...


Program Sec. 701.6 Reading rooms. The FOIA requires that (a)(2) records created on or after 1 November 1996, be made available electronically...


Program Sec. 701.7 Relationship between the FOIA and PA. Not all requesters are knowledgeable of the appropriate statutory authority to cite...


Program Sec. 701.8 Processing FOIA requests. Upon receipt of a FOIA request, DON activities shall: (a) Review the request to ensure it meets...


Program Sec. 701.9 Referrals. (a) The DoD/DON FOIA referral policy is based upon the concept of the originator of a record making a...


Program Sec. 701.10 Processing requests received from governmental officials. (a) Members of Congress. Many constituents seek access to...


Program Sec. 701.11 Processing specific kinds of records. DON activities that possess copies or receive requests for the following kinds of...


Program Sec. 701.12 FOIA appeals/litigation. (a) Appellate authorities. SECNAV has delegated his appellate authority to the JAG and the DONGC to...


Section (a)(1) of the FOIA requires publication in the Federal Register of descriptions of agency organizations, functions, substantive rules,...


materials. Section (a)(2) of the FOIA requires that certain materials routinely be made available for public inspection and copying. The (a)(2) materials are...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR701.15] [Page 69] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 701--AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents Subpart B--FOIA Definitions and Terms Sec. 701.15 5 U.S.C. 552(a)(3) materials. Agency records which are processed for release under the provisions of the FOIA. ...


A request made by a FOIA requester asking the appellate authority (JAG or OGC) to reverse a decision to: withhold all or part of a requested record; deny a...


disclosure. This is where a DON activity makes records available to the public on its own initiative. In such instance, the DON activity has determined in...


Agency records are either created or obtained by an agency and under agency control at the time of the FOIA request. Agency records are stored as various kinds of...


SECNAV has delegated the OGC and JAG to review administrative appeals of denials of FOIA requests on his behalf and prepare agency paperwork for use by the DOJ...


The decision to release information that could qualify for withholding under a FOIA exemption, but upon review the determination has been made that there is...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR701.21] [Page 70] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 701--AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents Subpart B--FOIA Definitions and Terms Sec. 701.21 Electronic record. Records (including e-mail) which are created, stored, and retrieved by electronic means. ...


The FOIA contains three exclusions (c)(1), (c)(2) and (c)(3) which expressly authorize Federal law enforcement agencies for especially sensitive records under certain...


Revoked Executive Order 12356 on October 14, 1995 and is the basis for claiming that information is currently and properly classified under (b)(1) exemption of...


A Federal agency is any executive department, military department, Government corporation, Government-controlled corporation, or other establishment in the executive...


of Information Act (FOIA). An access statute that pertains to agency records of the Executive Branch of the Federal Government, including the Executive Office of...


There are nine exemptions that identify certain kinds of records/ information that qualify for withholding under FOIA. See subpart D of this part for a detailed...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR701.27] [Page 71] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 701--AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents Subpart B--FOIA Definitions and Terms Sec. 701.27 FOIA fee terms location. The FOIA fee terms can be found in subpart C of this part. ...


A written request for DON records, made by ``any person'' including a member of the public (U.S. or foreign citizen/entity), an organization, or a business, but not...


Refusal by the agency to either confirm or deny the existence or non-existence of records responsive to a FOIA request. See exemptions (b)(1), (b)(6), and (b)(7)(C)...


(IDA). SECNAV has delegated authority to a limited number of officials to act on his behalf to withhold records under their cognizance that are requested under...


The concept that apparently harmless pieces of information when assembled together could reveal a damaging picture. See exemption (b)(1) at subpart D...


A request which meets the minimum requirements of the FOIA to be processed and is received by the DON activity having possession and control over...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR701.33] [Page 71] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 701--AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents Subpart B--FOIA Definitions and Terms Sec. 701.33 Public domain. Agency records released under the provisions of FOIA and the instruction in this part to a member of the public. ...


The interest in obtaining official information that sheds light on a DON activity's performance of its statutory duties because the information falls within...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR701.35] [Page 72] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 701--AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents Subpart B--FOIA Definitions and Terms Sec. 701.35 Reading room. Location where (a)(2) materials are made available for public inspection and copying. ...


Commanding officers and heads of Navy and Marine Corps shore activities or their designees are authorized to grant requests on behalf of SECNAV for agency...


When the ``submitter'' of information, usually a corporation or other business entity, that has supplied the agency with data on its policies, operations and products,...


Recorded information, regardless of form or method of the recording, of a scientific or technical nature (including computer...


Itemized index, correlating each withheld document (or portion) with a specific FOIA exemption(s) and the relevant part of the agency's nondisclosure justification. The...


(a) The DON follows the uniform fee schedule developed by DoD and established to conform with the Office of Management and Budget's (OMB's) Uniform Freedom of Information Act...


(a) Direct costs means those expenditures a DON activity actually makes in searching for, reviewing (in the case of commercial requesters), and duplicating documents to...


(a) Commercial requesters refers to a request from, or on behalf of one who seeks information for a use or purpose that furthers the commercial,...


Requesters should submit a fee declaration appropriate for the categories in paragraphs (a) through (c) of this section, if fees are expected to exceed the minimum fee...


(a) No fees may be charged by any DON activity if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. With the...


(a) Fees may not be used to discourage requesters, and to this end, FOIA fees are limited to standard charges for direct document search, review (in the case of...


Except for requests that are for a commercial use, a DON activity may not charge for the first 2 hours of search time or for the first 100 pages of reproduction. However,...


response letters. DON activities shall ensure that requesters receive a complete breakout of all fees which are charged and apprised of the ``Category'' in which...


Documents shall be furnished without charge, or at a charge reduced below fees assessed to the categories of requesters, when the DON activity determines that waiver or reduction...


(a) Normally, fees will be collected at the time of providing the documents to the requester when the requester specifically states that the costs involved shall be...


of 1982. The Debt Collection Act of 1982 (Pub. L. 97-365) provides for a minimum annual rate of interest to be charged on overdue debts owed the...


In the event that a DON activity discovers that it has overcharged a requester or a requester has overpaid, the DON activity shall promptly refund the charge to the requester...


(a) It is imperative that DON activities compute all fees to ensure accurate reporting in the Annual FOIA Report, but ensure that only applicable fees be charged to...


The following fee schedule shall be used to compute the search, review (in the case of commercial requesters) and duplication costs associated with processing a given...


fee rates for technical data. (a) Technical data, other than technical data that discloses critical technology with military or space application, if required to...


(a) Payments for FOIA charges, less fees assessed for technical data or by a Working Capital Fund or a Non-Appropriated Fund (NAF) activity, shall be made...


The FOIA is a disclosure statute whose goal is an informed citizenry. Accordingly, records are considered to [[Page 83]] be releasable, unless they...


(a) Identity of requester. In applying exemptions, the identity of the requester and the purpose for which the record is sought are irrelevant with the exception that an...


FOIA exemptions. An in-depth analysis of the FOIA exemptions is addressed in the DOJ's annual publication, ``Freedom of Information Act Guide & Privacy Act Overview.''...


the meaning and scope of the nine FOIA exemptions. (a) 5 U.S.C. 552 (b)(1): Those properly and currently classified in the interest of national defense or foreign policy,...


the Navy Directives and Other Documents Affecting the Public Sec. 701.61 Purpose. Source: 65 FR 24635, Apr. 27, 2000,...


the Navy Directives and Other Documents Affecting the Public Sec. 701.62 Scope and applicability. This subpart prescribes...


the Navy Directives and Other Documents Affecting the Public Sec. 701.63 Policy. In accordance with the spirit and intent of...


the Navy Directives and Other Documents Affecting the Public Sec. 701.64 Publication of adopted regulatory documents for the guidance of...


the Navy Directives and Other Documents Affecting the Public Sec. 701.65 Availability, public inspection, and indexing of other...


the Navy Directives and Other Documents Affecting the Public Sec. 701.66 Publication of proposed regulations for public comment. ...


the Navy Directives and Other Documents Affecting the Public Sec. 701.67 Petitions for issuance, revision, or cancellation of...


Purpose. Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a). Source: 65 FR 31456, May 18, 2000, unless otherwise noted. Subparts F and G of this...


This subpart and subpart G of this part apply throughout the Department of the Navy. It is also applicable to contractors by contract or other legally...


Definitions. For the purposes of this subpart and subpart G of this part, the following meanings apply. Access. The review or copying of a record or parts thereof...


Policy. It is the policy of Department of the Navy to: (a) Ensure that all its personnel comply fully with 5 U.S.C. 552a, DoD Directive 5400.11 and DoD 5400.11-R,...


Responsibility and authority. (a) Chief of Naval Operations (CNO). CNO is designated as the official responsible for administering and supervising the execution of 5...


Systems of records. To be subject to this subpart and subpart G of this part, a ``system of records'' must consist of ``records'' that are retrieved by the name, or...


Safeguarding records in systems of records. Establish appropriate administrative, technical, and physical safeguards to ensure the records in every system of records...


Criteria for creating, altering, amending and deleting Privacy Act systems of records. (a) Criteria for a new system of records. A new system of records is one for which...


Collecting information about individuals. (a) Collecting directly from the individual. To the greatest extent practicable, collect information for systems of records...


Access to records. (a) Individual access to records. (1) Right of access. Only individuals who are subjects of records maintained in systems of records and by whose...


Amendment of records. (a) Individual review and amendment. Encourage individuals to review periodically, the information maintained about them in systems of records, and...


Privacy Act appeals. (a) How to file an appeal. The following guidelines shall be followed by individuals wishing to appeal a denial of notification, access, or amendment...


Disclosure of records. (a) Conditions of disclosure. (1) 5 U.S.C. 552a prohibits an agency from disclosing any record contained in a system of records to any person...


Exemptions. (a) Using exemptions. No system of records is automatically exempt from all provisions of 5 U.S.C. 552a. A system of records is exempt from only those...


Enforcement actions. (a) Administrative remedies. An individual who alleges he or she has been affected adversely by a naval activity's violation of 5 U.S.C. 552a or...


program. (a) General. 5 U.S.C. 552a and this subpart and subpart G of this part are applicable to certain types of computer matching, i.e., the...


Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a). Source: 65 FR 31471, May 18, 2000, unless otherwise noted. Subparts F and G of this part...


records. All systems of records maintained by the Department of the Navy shall be exempt from the requirements of the access provision of the Privacy Act...


records. All systems of records maintained by the Department of the Navy shall be exempt from the requirements of the access provision of the Privacy Act...
...


specific Marine Corps record systems. (a) System identifier and name: (1) MMN00018, Base Security Incident Reporting System. (2) Exemption: (i) Parts...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR705.1] [Page 134] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 705--PUBLIC AFFAIRS REGULATIONS--Table of Contents Sec. 705.1 Purpose. The regulations and rules in this part prescribe policies and procedures for the Department of the Navy pertaining to public affairs practices. ...


the Chief of Naval Operations in all public affairs and internal relations matters. As such, the Chief of Information has the authority to implement public affairs and...


biographies, historical matter, etc., must be promptly answered. (32 CFR part 701, subparts A-D refers.) (b) Assistance within the command's capabilities should (and in...


board a naval ship or aircraft or into a naval activity or to take photographs within a naval jurisdiction unless specially authorized by the officer in command or...


the Assistant Secretary of Defense (Public Affairs). (i) Overall responsibility for release of information rests with the Assistant Secretary of Defense (Public Affairs)....


films, etc. (This is discussed in more detail in Sec. 705.17). (2) Cooperation with them when they produce a program on a Navy subject. This is discussed in...


(b) The Navy assists in the production of commercial, privately financed, nontheatrical motion pictures of institutional or of educational value to the public. They Navy...


for public exhibition will require clearance by the Chief of Information or the Marine Corps Director of Information, as appropriate, prior to public...


(b) Basic policy and procedures for still photos are set forth in the Manual of Naval Photography, OPNAVINST 3150.6D. (c) Authority to forbid photography: (1) On Navy...


not be used to take photographs for, nor will photographs or mosaic maps be provided to any individuals, corporations, or agencies other than departments or agencies of...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR705.12] [Page 143] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 705--PUBLIC AFFAIRS REGULATIONS--Table of Contents Sec. 705.12 Print media. Requests for reprints of items published in national media will be addressed to the Chief of Information. Commands will be careful not to reproduce on their own authority any copyrighted material without advance permission from the copyright holder. ...


to the Chief of Information for review and for clearance by other appropriate authorities. (b) Requests from commercial enterprises (including those with...


embarkation on aircraft [[Page 144]] or visits to shore installations apply also to those situations. (2) See also Sec. 705.37 on transportation of...


as correspondent for a news periodical or service, radio or TV station or network, or may work part-time for such an organization. The Secretary of the Navy will, however,...


apply to Navy produced photos. (ii) The Office of Information does not issue, nor have funds available for the purchases of, any photographic equipment or supplies...


by nongovernment organizations except where otherwise stated. (b) In accordance with the established responsibilities of local officers in command, these...


relations in its area (District Commandant, Unified Commander, or other). (b) Within policy limitations outlined in this section, the command receiving a...


(b) Costs of participation will normally be at government expense for the following types of events and programs when they are in the primary interest of...


must be within the command's public affairs responsibility. (2) The loan of the equipment must not interfere with the military mission of the command. ...


appropriate for another type of participation. A positive and flexible approach should be employed. (b) Requests by civilian organizations for Navy participation...


current instructions, and will participate in their activitis to the extent feasible. [[Page 151]] (b) Navy commands will encourage membership of personnel...


continuing public awareness of the Navy and its mission. (i) Examples of embarkations for public affairs purposes are (but not limited to): Individuals, community...


public display for information purposes before audiences at conventions, conferences, seminars, demonstrations, exhibits, fairs, or similar events. Also included are general...


transport and display U.S. Navy exhibits throughout the United States. It also facilitates assignments of Navy combat artists and, additionally, produces exhibits for...


achieve maximum effectiveness for an overall integrated program, an up- to-date registry of all exhibits is required. (b) A current inventory of exhibits headquartered...


II. The present Navy Combat Art Collection contains over 4,000 paintings and sketches. A significant number of new works is being added each year. The combat artists of...


in the field of aviation. The teachers in turn integrate this knowledge into their education programs. (b) Appropriate commands are encouraged to...


be observed: (1) Rendering of formal ceremonies on the USS Arizona Memorial will be confined to Memorial Day. (2) Observances on December 7, or any other date, at...


meet basic Department of Defense criteria. This participation may be one of the officially designated military flight or parachute demonstration teams, flyover by...


the criteria outlined herein will be limited to patriotic programs as opposed to pure entertainment and will not duplicate a performance within the capability of a civilian...


of Congress endorse these requests, advising the Navy of their interest in a particular event. Because of the marked increase in requests for ship visits, and in order to...


be addressed to the nearest military installation. Local commanders have resources which they can commit to appropriate events if mission requirements permit. If no...


whether: (i) The civilians are news media representatives or not. [[Page 167]] (ii) The travel is local or nonlocal (see paragraph (b) of this section). ...


business and civic leaders, scientists and other nongovernment civilians. Other awards--military and civilian--are presented to members of the naval establishment. (2)...


in international waters, certain navigational lights and sound-signalling appliances of some naval vessels may vary from the requirements of the International Regulations...


in international waters, certain navigational lights and sound-signalling appliances of some naval vessels may vary from the requirements of the International Regulations...
...


the Navy hereby exempts, in accordance with Rule 38 of the International Regulations for Preventing Collisions at Sea, 1972, the vessels and classes of vessels listed in this...


of the navigational lights displayed by them may be special lights for naval purposes. When used, they may be displayed simultaneously with the ordinary navigational...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR707.2] [Page 184] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 707--SPECIAL RULES WITH RESPECT TO ADDITIONAL STATION AND SIGNAL LIGHTS--Table of Contents Sec. 707.2 Man overboard lights. Naval vessels may display, as a means of indicating man overboard, two pulsating, all round red lights in the vertical line located on a mast from where they can best be seen. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR707.3] [Page 184] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 707--SPECIAL RULES WITH RESPECT TO ADDITIONAL STATION AND SIGNAL LIGHTS--Table of Contents Sec. 707.3 Yard arm signaling lights. Naval vessels may display, as a means of visual signaling, white all round lights at the ends of the yard arms. These lights will flash in varying sequences to convey the intended signal. [[Page 185]] ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR707.4] [Page 185] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 707--SPECIAL RULES WITH RESPECT TO ADDITIONAL STATION AND SIGNAL LIGHTS--Table of Contents Sec. 707.4 Aircraft warning lights. Naval vessels may display, as a means of indicating the presence of an obstruction to low flying aircraft, one all round red light on each obstruction. ...


during nighttime underway replenishment operations, either red or blue lights at delivery-ship-deck-edge extremities. [42 FR 61596, Dec. 6, 1977, as amended at 44 FR 27991,...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR707.6] [Page 185] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 707--SPECIAL RULES WITH RESPECT TO ADDITIONAL STATION AND SIGNAL LIGHTS--Table of Contents Sec. 707.6 Minesweeping station keeping lights. Naval vessels engaged in minesweeping operations may display, as an aid in maintaining prescribed intervals and bearings, two white lights in a vertical line visible from 070[deg] through 290[deg] relative. ...


amber beacon with a sequence of operation of one flash per second for three (3) seconds followed by a three (3) second off-period. The light will be located where it can best...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR707.8] [Page 185] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 707--SPECIAL RULES WITH RESPECT TO ADDITIONAL STATION AND SIGNAL LIGHTS--Table of Contents Sec. 707.8 Special operations lights. Naval vessels may dispay, as a means of coordinating certain special operations, a revolving beam colored red, green, or amber, located on either yard arm or the mast platform from where it can best be seen all around the horizon. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR707.9] [Page 185] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 707--SPECIAL RULES WITH RESPECT TO ADDITIONAL STATION AND SIGNAL LIGHTS--Table of Contents Sec. 707.9 Convoy operations stern light. Naval vessels may display, during periods of convoy operations, a blue light located near the stern with the same characteristics as, but in lieu of, the normal white stern light. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR707.10] [Page 185] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 707--SPECIAL RULES WITH RESPECT TO ADDITIONAL STATION AND SIGNAL LIGHTS--Table of Contents Sec. 707.10 Wake illumination light. Naval vessels may display a white spot light located near the stern to illuminate the wake. ...


containing combinations of different colored lights as a means of assisting in the launch and recovery of aircraft and enhancing flight safety. These light systems will...


light systems containing combinations of different colored lights as a means of assisting in the launch and recovery of assault craft and enhancing the safety of the...


death gratuity paid immediately upon official notification of the death of a member of the naval service who dies while on active duty, active duty for training, or inactive...


the naval service. This term includes: (1) A person appointed, enlisted, or inducted into the Regular Navy, Regular Marine Corps, Naval Reserve or Marine Corps Reserve,...


duty, active duty for training, or inactive-duty training without pay shall, for purposes of a death gratuity payment, be considered as being entitled to basic pay,...


survivors of the deceased member first listed below: (1) The lawful spouse. (For purpose of this part, a man or woman shall be considered to be the spouse if legally married...


as to deaths described in section 1475 thereof, the Secretary of the Navy has delegated to commanding officers of naval commands, installations, or districts, with respect...


will be paid in any case where a member or former member dies on or after January 1, 1957, during the 120-day period which begins on the day following the date of...


Comptroller General of the United States has approved DD Form 397 as the form to be used hereafter for claim certification and voucher for the death gratuity payment. ...


result of lawful punishment for a crime or for a military or naval offense, except when death was so inflicted by any hostile force with which the Armed Forces of the United...


gratuity is made to a person clearly not entitled thereto, and it is equally clear that another person is entitled to the death gratuity, the Chief of Naval Personnel...


residing with deceased member. Commanding officers, in order to expedite the payment of the death gratuity, will, upon official notification of death, ascertain...


the deceased member's spouse was, in fact, residing with the member on or near the station of duty at the time of the member's death while on active duty, active duty...


Secretary of the Navy when a survey of all available sources of information indicates beyond doubt that the presumption of continuance of life has been overcome. When a finding...


a hostile force, or besieged by a hostile force, allotments from his pay and allowances may be initiated, continued, discontinued, increased, decreased, suspended or resumed...


treatment is expected to be of prolonged duration as shown by a statement of the commanding officer at the receiving hospital), missing for a period of 29 days or...


and to the Head, Personal Affairs Branch Manpower Department (Code MSPA), United States Marine Corps, with respect to personnel in the Marine Corps, authority to make...


certain cases involving more than one participant, the interests of justice may make it advisable to grant immunity, either transactional or testimonial, to one or more of...


(a) Release of information--(1) General. There are valid reasons for making information available to the public concerning the administration of military...


and mileage of a civilian witness shall be paid by the disbursing officer of the command of a convening authority or appointing authority or by the disbursing officer at or...


Disability. When information comes to the attention of a member of a court-martial, a military judge, trial or defense counsel, staff judge advocate, member of the...


U.S.C. 873, provides, ``At any time within 2 years after approval by the convening authority of a court- martial sentence, the accused may petition the Judge Advocate...


(a) Statutory provisions. 10 U.S.C. 869 provides in pertinent part, ``The findings or sentence, or both, in a court-martial case not reviewed under...


The Department of the Navy Corrections Manual, SECNAVINST 1640.9, reiterates the requirement of Article 10, UCMJ, that, when a person is placed in pretrial...


of discharge for a punitive discharge or dismissal. (a) Statutory provisions. 10 U.S.C. 874(b) provides that the ``Secretary concerned may, for good cause, substitute...


criminal cases. Source: 57 FR 5228, Feb. 13, 1992, unless otherwise noted. Subpart A of this part deals with requests by State authorities for...


of the requesting State. When the delivery of any member or civilian is requested by local civil authorities of a State for an offense punishable under the laws of...


of the requesting State. (a) General. When State civil authorities request delivery of any member of the Navy or Marine Corps for an alleged crime or offense...


(a) Persons desired by local U.S. authorities. When delivery of any member in the Navy or Marine Corps, or any civilian employee or dependent, is desired for trial by...


General Counsel. (a) Authority of the Judge Advocate General. The Judge Advocate General, the Deputy Judge Advocate General, and the Assistant Judge Advocates General...


(a) Delivery under Article 14, UCMJ. When delivery of any member of the Navy or Marine Corps to the civilian authorities of a State is authorized, the...


(a) Authority to deliver. When Federal law enforcement authorities display proper credentials and Federal warrants for the arrest of members, civilian employees,...


Except when provided by agreement between the United States and the foreign government concerned, commanding officers are not authorized to deliver members or...


(a) Disciplinary proceedings pending. When disciplinary proceedings involving military offenses are pending, commanding officers should obtain legal guidance from a judge...


on their own recognizance. A member of the Navy or Marine Corps arrested by Federal or State authorities and released on bail or on his own recognizance has a duty to...


Federal civilian investigative agencies. Requests by the Federal Bureau of Investigation, Naval Investigative Service Command, or other Federal civilian...


court-martial. (a) General. Article 14, UCMJ (10 U.S.C. 814), provides authority to honor requests for delivery of members serving a sentence of a...


a State court. (a) General. Ordinarily, members serving protracted sentences resulting from a State criminal conviction will be processed for administrative...


Source: 57 FR 5232, Feb. 13, 1992, unless otherwise noted. (a) General. Commanding officers afloat and ashore may permit service of process of Federal...


witnesses in State courts. Where members or civilian employees are subpoenaed to appear as witnesses in State courts, and are served as described in Secs....


as witnesses in Federal courts. (a) Witnesses on behalf of Federal Government. When members or civilian employees of the Department of the Navy are required to...


civilian courts. (a) Criminal actions. When Federal or State authorities desire the attendance of a naval prisoner as a witness in a criminal case, they should...


civil litigation in matters pertaining to official duties. Requests to interview, depose, or call as witnesses, current or former members or civilian employees of...


Repossession of personal property, located on a Navy or Marine Corps installation, belonging to a member or to any dependent residing at or located on a Department of...


court order. (a) General. Where unclassified naval records are desired by or on behalf of litigants, the parties will be informed that the records desired,...


of court order. (a) General. Release of official records outside the Department of the Navy in the absence of a court order is governed by the Privacy Act (5...


The Judge Advocate General, the Deputy Judge Advocate General, or any Assistant Judge Advocate General is authorized to execute certificates of full faith and credit...


United States Sec. 720.40 Purpose. Authority: DoD Directive 5525.9, 54 FR 296, 32 CFR part 146. Source: 55 FR 47876, Nov. 16, 1990, unless...


United States Sec. 720.41 Definitions. Court. Any judicial body in the United States with jurisdiction to impose criminal sanctions on a Department of the...


United States Sec. 720.42 Policy. (a) It is Department of the Navy policy to cooperate, as prescribed in this instruction, with courts and federal, state...


United States Sec. 720.43 Points of contact. (a) Authorities issuing requests for return or for other action under this instruction may contact the...


United States Sec. 720.44 Responsible officials. The following officials are designated responsible officials for acting on requests to return or to take...


United States Sec. 720.45 Procedures. (a) If the request pertains to a felony or to contempt involving the unlawful or contemptuous removal of a child from...


United States Sec. 720.46 Overseas screening programs. The Chief of Naval Operations (CNO) and the CMC shall incorporate procedures requiring members and...


United States Sec. 720.47 Report. The report requirement in this instruction is exempt from reports control by SECNAVINST 5214.2B. ...


Correction of Naval Records (BCNR or the Board) to remedy error or injustice. It describes how to apply for correction of naval and marine records and how the BCNR...


Naval Records is established by the Secretary of the Navy. The Board consists of civilians of the executive part of the Department of the Navy in such number, not less than...


Military Record) or exact facsimile thereof, and should be addressed to: Board for Correction of Naval Records, Department of the Navy, 2 Navy Annex, Washington,...


the applicant will be entitled to appear before the Board either in person or by counsel of his/her selection or in person with counsel. Additional provisions apply...


The hearing shall be conducted by the Chair or Acting Chair, and shall be subject to his/her rulings so as to ensure a full and fair hearing. The Board shall not be limited...


the deliberations of the Board. (2) Whenever, during the course of its review of an application, it appears to the Board's satisfaction that the facts have not...


and those denied by the Board without a hearing, will be forwarded to the Secretary who will direct such action as he or she determines to be appropriate, which...


relief the record of proceedings shall be returned to the Board for disposition. The Board shall transmit the finalized record of proceedings to proper naval authority...


other matter not previously considered by the Board. New evidence is defined as evidence not previously considered by the Board and not reasonably available to the...


a result of corrections to their naval records. (2) The Department of the Navy is not authorized to pay any claim heretofore compensated by Congress through...


any other person in the applicant's behalf, will be paid by the Government. (b) Indexing of decisions. (1) Documents sent to each applicant and counsel in accordance with...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.101] [Page 232] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart A--Definitions Sec. 724.101 Naval Service. The Naval Service is comprised of the uniformed members of the United States Navy and the United States Marine Corps, including active and inactive reserve components. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.102] [Page 232] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart A--Definitions Sec. 724.102 Naval Discharge Review Board. An administrative board, referred to as the ``NDRB'' established by the Secretary of the Navy pursuant to title 10 U.S.C., section 1553, for the review of discharges of former members of the Naval Service. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.103] [Page 232] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart A--Definitions Sec. 724.103 NDRB panel. An element of the NDRB, consisting of five members, authorized to review discharges. In plenary review session, an NDRB panel acts with the authority delegated by the Secretary of the Navy to the Naval Discharge Review Board. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.104] [Page 232] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart A--Definitions Sec. 724.104 NDRB Traveling Panel. An NDRB Panel that travels for the purpose of conducting personal appearances discharge review hearings at locations outside of the National Capital Region (NCR). ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.105] [Page 232] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart A--Definitions Sec. 724.105 President of the NDRB. A senior officer of the Naval Service designated by the Secretary of the Navy who is responsible for the direct supervision of the discharge review function within the Naval Service. (See subpart E). ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.106] [Page 232] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart A--Definitions Sec. 724.106 Presiding Officer, NDRB Panel. The senior member of an NDRB Panel shall normally be the Presiding Officer. He/she shall convene, recess and adjourn the NDRB Panel as appropriate. ...


dismissal is a complete separation from the Naval Service, other than one pursuant to the sentence of a general court- martial. By reason of usage, the term ``discharge''...


prior thereto, in a manner prescribed by the Commandant of the Marine Corps or the Commander, Naval Personnel Command, but specifically excluding separation by sentence of...


performance of duty during a specific period of service. The three characterizations are: (1) Honorable. A separation from the naval service with honor. The issuance of...


the same meaning. The first is a Navy term and the second is a Marine Corps term. These terms identify why an administrative discharge was issued, e.g., Convenience...


punitive discharges: (a) Bad conduct. A separation from the naval service under conditions other than honorable. It may be effected only as a result of the approved sentence...


in his Proclamation 4313, ``Announcing a Program for the Return of Vietnam Era Draft Evaders and Military Deserters.'' Upon issuance to individuals who have an...


a discharge submitted by a former member of the naval service or, where a former member is deceased or incompetent, by spouse, next of kin or legal representative. Department...


with the directives of the naval service or by sentence of a special court-martial under title 10 U.S.C. 801 et seq. (Uniform Code of Military Justice) and, in accordance...


list (categories appear in descending order of priority): Surviving legal spouse; children (whether by current or prior marriage) age 18 years or older in descending...


applicant in a case before the NDRB. It includes, but is not limited to: a lawyer who is a member of the bar of a Federal Court or of the highest court of a State;...


discharges from the naval service. The object of the reappraisal is to determine whether the discharge should be changed, and if so, the nature of the change. This...


the basis of documentary data, an applicant's discharge. The Documentary data shall include the application together with all information accompanying that application,...


an applicant's discharge on the basis of a personal appearance, as well as documentary data. The personal appearance may be by the applicant or by a representative of...


Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and all cities and towns included within the outer boundaries of the...


issues presented together with any evidence offered in support of the application, the NDRB's response to the issue or issues, the votes of the members of the panel, and...


available prior to a discharge review, presenting the brief to the panel considering the application, performing other designated functions during personal...


complaint under 32 CFR Part 70 with respect to the decisional document issued in the former member's own case; or a former member of the Armed Forces (or the former member's...


1553, is a component of the Naval Council of Personnel Boards. By SECNAVINST 5730.7 series, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) is...


be guided by the applicable statutes, regulations, and manuals and directives of the Department of the Navy, and other written public expressions of policy by...


its broad objectives: (a) The furtherance of good order and discipline. (b) The correction of injustice or inequity in the discharge issued. (c) The correction...


for review under reference (a) or surviving spouse, next of kin or legal representative, shall upon submission of an application be afforded a review of the...


Board shall have no authority to: (1) Review a discharge or dismissal resulting from a general court- martial; (2) Alter the judgment of a court-martial, except...


in any case shall be predicated on the policy stated in Sec. 724.205. Decisions shall be made by administrative action without referral to the NDRB. Normally, they...


be made of an application for review of a discharge: (a) The application may be rejected for reason of: (1) Absence of jurisdiction; (2) Previous review on the...


of Naval Operations are responsible for implementing Naval Discharge Review Board decisions within their respective services. The Commandant of the Marine Corps shall...


the contrary, naval discharges shall be considered just, equitable and proper as issued. When hearings are scheduled, applicants must be prepared to present their case at...


the Navy personnel or health records associated with a requested review of discharge are not located at the custodial activity, the following action shall be taken by...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.211] [Page 238] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart B--Authority/Policy for Departmental Discharge Review Sec. 724.211 Regularity of government affairs. There is a presumption of regularity in the conduct of governmental affairs. This presumption can be applied in any review unless there is substantial credible evidence to rebut the presumption. ...


or their designated representatives may obtain copies of their military personnel records by submitting a General Services Administration Standard Form 180,...


behalf of the applicant at discharge review hearings is the responsibility of the applicant. The NDRB is not authorized to subpoena or otherwise require...


by the applicant, witnesses, or counsel/representative will not be paid by the Department of Defense. The NDRB is not authorized to issue orders or other process...


detailing by appropriate authorities desiring to act for or on behalf of an applicant in the presentation of a case before an NDRB Panel are advised to consult legal...


otherwise authorized by the Secretary concerned, further opportunity for a hearing shall not be made available in the following circumstances to an applicant who has requested...


except: (a) When the only previous consideration of the case was on the motion of the NDRB; (b) When the original discharge review did not involve a...


hearing may be authorized by the President of the NDRB or presiding officer of the panel concerned, provided that such continuance is of reasonable duration and is essential...


prejudice at any time before the scheduled review, except that failure to appear for a scheduled hearing shall not be construed or accepted as...


the NDRB on its own motion (10 U.S.C. 1553) which includes reviews requested by the Veterans Administration under 38 U.S.C. 101, 3103 as amended by Pub. L. 95-126 of October 8,...


review, or to be represented in absentia, the NDRB shall provide a hearing in the NCR or at another site within the forty-eight contiguous states. (b) The...


together with its administrative staff, in the NCR. The NDRB shall routinely conduct personal appearance discharge reviews and documentary reviews at this, its...


NDRB Panel travels for the purpose of conducting hearings, it shall normally select Navy or Marine Corps installations in the area visited as review sites. (b) The...


stated in a court-martial specification, shall be presumed by the NDRB Panel as established facts. With respect to a discharge or dismissal adjudged by a court-martial...


Board Sec. 724.301 Mission. To administer and supervise assigned boards and councils within the Department of...


Board Sec. 724.302 Functions: Director, Naval Council of Personnel Boards. (a) Make recommendations to the Secretary of the Navy regarding...


Board Sec. 724.303 Functions: President, Naval Discharge Review Board. (a) Exercise primary cognizance within the Department of the Navy for...


Board Sec. 724.304 Responsibility for Department of the Navy support of the Naval Discharge Review Board. The Commandant of the Marine Corps; Commander,...


Board Sec. 724.305 Functions of the CMC and CNO. In the case of Navy, CNMPC, under the CNP, shall discharge responsibilities of the CNO. ...


Board Sec. 724.306 Functions of the Commander, Naval Medical Command. Under the CNO the COMNAVMEDCOM shall facilitate, as required, access by the NDRB...


Discharge Review Board Sec. 724.307 Functions of the Commander, Naval Reserve Force. In the case of Navy, the COMNAVRESFOR shall discharge the responsibilities of...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.401] [Page 243] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart D--Principal Elements of the Navy Department Discharge Review System Sec. 724.401 Applicants. As defined in Sec. 724.114. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.402] [Page 243] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart D--Principal Elements of the Navy Department Discharge Review System Sec. 724.402 Naval Discharge Review Board. As defined in Sec. 724.102. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.403] [Page 243] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart D--Principal Elements of the Navy Department Discharge Review System Sec. 724.403 President, Naval Discharge Review Board. Supervises the Naval Discharge Review Board. (See subpart C). ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.404] [Page 243] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart D--Principal Elements of the Navy Department Discharge Review System Sec. 724.404 Director, Naval Council of Personnel Boards. Exercises adminstrative control and oversight of the Naval discharge review process. (See subpart C). ...


Military Personnel Command. Personnel managers of the Marine Corps and the Navy; responsible for providing limited support to the Naval Discharge Review Board and...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.406] [Page 243] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart D--Principal Elements of the Navy Department Discharge Review System Sec. 724.406 Commander, Naval Medical Command. Custodian of Navy and Marine Corps health records. (See subpart C). ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.407] [Page 243] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart D--Principal Elements of the Navy Department Discharge Review System Sec. 724.407 Commander, Naval Reserve Force. Manages Naval Reserve resources. Responsible for providing limited support to the Naval Discharge Review Board. (See subpart C). ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.408] [Page 243] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart D--Principal Elements of the Navy Department Discharge Review System Sec. 724.408 Secretary of the Navy. The final authority within the Department of the Navy in discharge review. ...


applicant. Each applicant has the following procedural rights: (a) Within 15 years after the date of discharge, to make a written request for review of...


preliminary to discharge review. (a) Application for Review of Discharge or Dismissal from the Armed Forces of the United States, DD Form 293 must be used in...


discharge review. (a) The NDRB shall acknowledge receipt of the application. (b) In the event a documentary review is requested, the applicant shall normally...


discharge review. (a) When each application for discharge review is received by the NDRB, the service record and health record of the applicant will be requested...


has its offices located in the NCR. The NDRB conducts documentary reviews and personal appearance reviews in the NCR and, on a traveling basis, at selected sites within the...


the standards for discharge review set forth in subpart I, whether a discharge or dismissal from the naval service is proper and equitable, or whether it should...


naval discharges. (b) Meet at locations within the 48 contiguous states as determined appropriate on the basis of the number of discharge review applications...


five members. Normally the members shall be career military officers, assigned to the Naval Council of Personnel Boards or otherwise made available; inactive duty officers of...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR724.702] [Page 246] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 724--NAVAL DISCHARGE REVIEW BOARD--Table of Contents Subpart G--Organization of the Naval Discharge Review Board Sec. 724.702 Executive management. The administrative affairs of the NDRB shall be managed by the Executive Secretary. This responsibility shall include schedules, records, correspondence and issuance of NDRB decisions. ...


legal counsel. In the event that a legal advisory opinion is deemed appropriate by the NDRB, such opinion shall be obtained routinely by reference to the senior Judge...


discharges, the NDRB shall examine available records and pertinent regulations of the Department of the Navy, together with such information as may be presented by the...


request a change in the character of or reason for discharge (or both). (1) Character of discharge. Block 7 of DD Form 293 provides an applicant an opportunity to request...


a minimum, this document shall contain: (a) The circumstances and character of the applicant's service as extracted from available service records, including...


plenary session to review discharges and exercise its discretion on a case-by-case basis in applying the standard set forth in subpart I. (b) The presiding officer...


If any issue submitted by an applicant contains two or more clearly separate issues, the NDRB should respond to each issue under the guidance of this paragraph as if it had been...


shall discuss the issues that provide a basis for the decision whether there should be a change in the character of or reason for discharge. In order to...


record thereof will be prepared. Records may include written records, electromagnetic records, audio and/or videotape recordings, or a combination. (b) At a...


representative, if any, shall be provided with a copy of the decisional document and of any further action in review. Final notification of decisions shall be issued to...


all appendices thereto, shall in all cases be incorporated in the military service record of the applicant and the service record shall be returned to the custody of...


(a) A copy of the decisional document prepared in accordance with subpart H of this enclosure shall be made available for public inspection and copying promptly after...


the discharge review functions. The provisions of SECNAVINST 5211.5C shall be observed throughout the processing of a request for review of discharge...


to individuals or organizations outside the NCR in response to written requests for such documents. Although the Reading Room shall try to make timely responses to...


forward cases for consideration by the Secretarial Review Authority (SRA). There is no requirement that the president submit a recommendation when a case is forwarded to the...


Authority (SRA) is the Secretary concerned or the official to whom Secretary's discharge review authority has been delegated. [[Page 258]] (1) The SRA...


issued by the NDRB or the SRA contains a specifically indentified violation of 32 CFR part 70 or any references thereto. Complaints will be reviewed pursuant to 32...


propriety and equity of the applicant's discharge and to effect changes, if necessary. The standards of the review and the underlying factors which aid in determining whether...


the course of discharge review, it is determined that: (1) There exists an error of fact, law, procedure, or discretion associated with the discharge at the time of issuance;...


(a) In the course of a discharge review, it is determined that the policies and procedures under which the applicant was discharged differ in material respects from policies...


of the Navy (DON) information and provision of testimony by DON personnel for litigation purposes, and prescribes conduct of DON personnel in response to a...


documentary, should be made reasonably available for use in Federal courts, state courts, foreign courts, and other governmental proceedings unless that information...


the Navy, and their respective delegates [hereafter ``determining authorities'' described in Sec. 725.4(a), shall respond to litigation requests or demands for official...


grant or deny a litigation request. In all cases in which the United States is, or might reasonably become, a party, or in which expert testimony is requested, the...


military personnel of the DON whether employed by, or assigned to, DON temporarily or permanently. Affected personnel are defined more fully in Sec. 725.4(b). (b)...


or demand is made of DON personnel for official DON or DOD information or for testimony concerning such information, the individual to whom the request or demand...


sought, through testimony or otherwise, a detailed written request must be submitted to the appropriate determining authority far enough in advance to assure an...


deciding whether to authorize release of official information, or the testimony of DON personnel concerning official information (hereafter referred to as ``the...


or deny a request is not an adversary proceeding. This part provides guidance for the operation of DON only and is not intended to, does not, and may not be relied upon...


otherwise provided in this paragraph, DON personnel, including former military personnel and civilian employees, shall not produce, disclose, release, comment upon, or testify...


reasonable fees and expenses to parties seeking official DON information or testimony under this instruction. Pursuant to 32 CFR 288.4, 288.10, these fees should include...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR726.1] [Page 278] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 726--PAYMENTS OF AMOUNTS DUE MENTALLY INCOMPETENT MEMBERS OF THE NAVAL SERVICE--Table of Contents Sec. 726.1 Purpose. This part explains the procedures for convening competency boards and how to appoint trustees for members of the Naval service who have been determined to be mentally incompetent in accordance with title 11 of chapter 37, United States Code. ...


guardian, or other legal representative has been appointed by a State court of competent jurisdiction. 37 U.S.C. 601-604. Trustees receive the active duty pay...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR726.3] [Page 278] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 726--PAYMENTS OF AMOUNTS DUE MENTALLY INCOMPETENT MEMBERS OF THE NAVAL SERVICE--Table of Contents Sec. 726.3 Authority to appoint trustees. The Judge Advocate General or his designee is authorized to act for the Secretary of the Navy to appoint trustees to receive and administer Federal monies for members and to carry out the provisions of this chapter. ...


medical facility will convene a board of not less than three medical officers or physicians, one of whom will be a psychiatrist, when there is evidence that a member who is...


member has been found mentally incapable of managing his affairs, the Judge Advocate General or his designee will initiate action to appoint a trustee, provided no notice...


may issue travel orders to a member to appear before an examining board convened to determine whether the member is mentally capable of managing his affairs. In the case...


incapacitation determination that a member has been declared mentally incompetent to manage his affairs, the cognizant disbursing officer will take appropriate action and...


commanding officer or other appropriate official to receive emergency funds up to $1,000.00 from the pay account of the member without bond. The money will be used for...


accounting reports annually or at such other times as the Judge Advocate General or his designee directs. The Judge Advocate General will provide forms to be used by trustees...


since 1943. The program has improved the morale of personnel and reduced disciplinary problems since its inception. The purpose of this part is to provide guidelines for...


allied nations serving in the United States, its territories or possessions. Legal assistance is intended primarily for the benefit of active duty personnel during active...


which may be assigned to him/her: (1) Shall counsel, advise, and assist persons eligible for assistance in connection with their personal legal problems, or...


defense counsel, or other officer involved in the processing of courts- martial, nonjudicial punishment, administrative boards or proceedings, investigations, or...


the legal sense as outlined in the Code of Professional Responsibility, as opposed to confidential in the military sense of security information. These privileged matters may...


is qualified to give the assistance requested, the client should be referred to a civilian lawyer. When the client does not know of a lawyer whom he wishes to...


are prohibited from accepting or receiving, directly or indirectly, any fee or compensation of any nature, in cash or otherwise, for legal services rendered to any...


the Judge Advocate General, officers in charge of Naval Legal Service Offices, and all Marine Corps commanders exercising general court-martial authority, acting through their...


and persons concerning legal assistance matters. (b) The use of a legal assistance office letterhead within the Department of the Navy is authorized as...


Report (NAVJAG 5801/3 Rev. 12-78)) covering the preceding fiscal year. A final report shall be submitted on the disestablishment of the legal assistance office....


privileged and protected under the attorney-client relationship. Each legal assistance office should therefore maintain only such files as are necessary for the proper operation...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR727.15] [Page 285] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 727--LEGAL ASSISTANCE--Table of Contents Sec. 727.15 Liberal construction of part. The provisions of this part are intended to be liberally construed to aid in accomplishing the mission of legal assistance. ...


The primary mission of Navy Medical Department facilities is to provide medical and dental care for members of the Navy and Marine Corps and for members of the other uniformed...


part, the following terms, when used throughout, are defined as follows: (a) Active duty. Full-time duty in the active military service of the United States. This...


Naval MTFs provide care to all eligible beneficiaries subject to the capabilities of the professional staff and the availability of space and facilities. ...


Naval MTFs provide care to all eligible beneficiaries subject to the capabilities of the professional staff and the availability of space and facilities. ...
...


(a) A member of a uniformed service, as defined in subpart A, who is on active duty is entitled to and will be provided medical and dental care and adjuncts thereto. For...


are away from their duty stations or are on duty where there is no MTF of their own service may receive care at the nearest available Federal MTF (including designated USTFs)...


an ID card (a green colored DD 2 (with letter suffix denoting branch of service), Armed Forces Identification Card; a green colored PHS 1866-1, Identification Card; or a...


a reimbursable basis to: Coast Guard active duty officers, enlisted personnel, and academy cadets; Public Health Service Commissioned Corps active duty officers; and...


and National Guard Personnel Sec. 728.21 Navy and Marine Corps reservists. (a) Scope. This section applies to reservists,...


and National Guard Personnel Sec. 728.22 Members of other reserve components of the uniformed services. (a) Members of...


National Guard Personnel Sec. 728.23 Reserve Officers' Training Corps (ROTC). (a) Eligible beneficiaries. (1) Members of...


and National Guard Personnel Sec. 728.24 Navy and Marine Corps Officer Candidate Programs. Members of the Reserve...


National Guard Personnel Sec. 728.25 Army and Air Force National Guard personnel. (a) Medical and dental care. Upon...


authorized. (a) Retired members of the uniformed services. Retired members, as defined in Sec. 728.2(aa), are authorized the same medical and dental...


Possession of an ID card alone (DD 2 (Retired), PHS-1866-3 (Retired), or DD 1173 (Uniformed Services Identification and Privilege Card)) does not constitute sufficient proof...


(a) General. Per DODINST 6015.19 of 26 Nov. 1984, the following guidelines are effective as of 1 Jan. 1985. All previously issued Nonavailability Statement...


MTF. When either during initial evaluation or during the course of treatment of an individual authorized care in this subpart, a determination is made that required...


Title 10 U.S.C. 1095 directs the services to collect from third- party payers the reasonable costs of inpatient hospital care incurred by the United States...


on a reimbursable basis to retired Coast Guard officers and enlisted personnel, retired Public Health Service Commissioned Corps officers, retired Commissioned Corps officers...


(a) Dependent. As used in this subpart, the term ``dependent'' denotes a person who bears one of the following relationships to his or her sponsor: (1) A wife. ...


Belgium, Canada, Denmark, Federal Republic of Germany, France, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Turkey, the United Kingdom, and...


and their dependents. (a) Foreign military service members. For the purpose of Sec. 728.43, members of foreign military services include only: (1)...


programs, foreign military sales, and their ITO authorized dependents. (a) Policies--(1) Invitational travel orders screening. Prior to determining the levels of...


military services) and their dependents. (a) Care authorized. Beneficiaries covered in this section are only authorized care in naval MTFs in the United States and...


(a) Policy. Pub. L. 99-591, section 9029, contains provisions prohibiting the expenditure of appropriated funds ``. . . to provide medical care in the United States on an...


The Economy Act, 31 U.S.C. 1535, generally permits agency heads, or heads of major organizational units of agencies, to procure goods and services from other agencies...


(a) Eligible beneficiaries--Those who have served in the Armed Forces, have been separated under conditions other than dishonorable, and have been determined by...


Programs (OWCP) beneficiaries. (a) Potential beneficiaries. The following may be beneficiaries of one of the programs sponsored by the Office of Workers'...


members of the uniformed services. (a) Potential beneficiaries. The following may be beneficiaries of the USPHS for care in naval MTFs upon submission of the necessary...


Upon presentation of a letter of authorization that includes disposition of SF 88 (Report of Medical Examination), SF 93 (Report of Medical History), and address for submission...


(a) Potential beneficiaries. The following may be beneficiaries of the Treasury Department and may be rendered care as set forth below. (1) Secret Service Special Agents...


Eligibility for care under the provisions of this section will be determined by the Department of State, Office of Medical Services. (a) Beneficiaries. Officers...


(a) Beneficiaries. Air Traffic Control Specialists (ATCS) of the FAA when appropriate authorization has been furnished by the FAA regional representative. ...


(a) Potential beneficiaries. (1) Applicants for the Peace Corps. (2) Peace Corps Volunteers. (3) Minor children of a Peace Corps volunteer living with the volunteer. ...


(VISTA) beneficiaries. (a) Beneficiaries. Job Corps and VISTA enrollees and Job Corps applicants may be provided services as set forth. For former members, see...


Emergency hospitalization and other emergency services are authorized for beneficiaries of the Social Security Health Insurance Program for the Aged and Disabled...


After separation from the service under honorable conditions because of pregnancy, or separated from the service under honorable conditions and found to have...


Program. When properly authorized, designated applicants (including applicants for enrollment in the 2-year program and Military Science II enrollees applying...


and applicants for enlistment in the reserve components. (a) Upon referral by a commander of a Military Enlistment Processing Station (MEPS), applicants will be...


and reserve components, including members of the reserve components who apply for active duty. (a) Necessary medical examinations may be furnished,...


the Uniformed Services University of Health Sciences (USUHS). (a) Upon presentation of a letter of authorization from the Department of Defense Medical Examination...


dental care, both inpatient and outpatient, to residents of the Naval Home when requested by the Governor of the Home. In an emergency, care may be rendered without...


of the professional staff and the availability of space and facilities, naval MTFs and DTFs will provide treatment to individuals that have been granted Secretarial...


(a) Potential beneficiaries. (1) Volunteer workers. (2) Full-time, paid employees. (3) Dependents of personnel enumerated in paragraph (a) (1) and (2)...


(a) Beneficiaries. (1) U.S. citizen contractor, engineering, and technical service personnel designated as U.S. Navy Technicians. (2) Civilian employees of contractors...


of all Federal agencies, including teachers employed by Department of Defense Dependent's Schools (DODDS) and their dependents, may be provided hospitalization...


person may be rendered care in naval MTFs to prevent undue suffering or loss of life or limb. Limit care to that necessary only during the period of the emergency, and...


correction. Individuals who require medical evaluation in connection with consideration of their individual circumstances by the Navy, Army, and Air Force Board...


(a) Potential beneficiaries. (1) Military prisoners. (2) Nonmilitary Federal prisoners. (3) Enemy prisoners of war and other detained personnel. ...


but are not limited to prosthetic devices such as artificial limbs, artificial eyes, hearing aids, orthopedic footwear, spectacles, wheel chairs, hospital beds, and...


to eligible beneficiaries receiving inpatient or outpatient care when, in the opinion of the attending physician, such adjuncts will offer substantial assistance in...


and footnotes provide information relative to adjuncts which may be furnished the several categories of beneficiaries eligible for medical care at naval...


Sec. 728.101 General. (a) Notice of eligibility (NOE). While the NOE is basically a document that substantiates entitlement to a disability...


Sec. 728.102 Care from other than Federal sources. The provisions of this subpart do not authorize care for reservists at other than Federal facilities nor...


the Navy has approved a system of transactions that generates reports to COMNAV MEDCOM on unfunded reimbursable transactions. The purpose of the final report is to provide data...


departments. The initiation of the collection process begins with patient administration departments. Collection action cannot be accomplished unless...


The categories of patients for whom collection action must be initiated are: (a) Coast Guard. (1) Active Officers; (2) Retired Officers; (3) Active Enlisted; (4)...


receives authorized care from other than a Navy treatment facility, care is under the cognizance of the uniformed service medical treatment facility (USMTF) providing care, the...


to comply with contents may result in delayed adjudication and payment or may result in denial of Navy financial responsibility for expenses of maternity, medical, or...


when used throughout are defined as follows: (a) Active duty. Full-time duty in the active military service of the United States. Includes full-time training duty;...


emergency maternity care at Government expense, Regular active duty United States naval members and Canadian Navy and Marine Corps members must be in a duty status when...


dental care and naval facilities are unavailable, make initial application to other available Federal medical or dental facilities or USTFs. When members are stationed in...


or at medical facilities, and procedures not involving treatment when directed by COMNAVMEDCOM, are authorized. Such care includes, but is not limited to: treatment...


services. (b) Vasectomies. (c) Tubal ligations. (d) Breast augmentations or reductions. (e) Psychiatric care, beyond the initial evaluation. ...


or dental services be obtained under this part by or on behalf of eligible personnel without prior authority as outlined below. (a) Medical or dental care. A...


from civilian sources without prior approval from the cognizant adjudication authority in Sec. 732.20. Obtaining nonemergency care, other than as specified...


must notify or cause their parent command, the nearest naval activity, or per OPNAVINST 6320.6, the nearest U.S. Embassy or consulate when hospitalized in a...


preparation and submission of claims to the cognizant adjudication authority identified in Sec. 732.20. A complete claim includes: (1) NAVMED 6320/10, Statement of...


in the United States are designated as ``offices of medical affairs'' (OMA) and for dental care, ``offices of dental affairs'' (ODA). NAVMEDCOMINST 6010.3...


or otherwise potentially disabling, they should make a determination (with help from appropriate clinical specialists) as to the need for a medical board. Chapter 18 of...


of payment to the action JAG designee per chapter 24 of the Manual of the Judge Advocate General (JAGMAN), in each instance of payment where a third party may be...


regarding pay account checkage procedures to liquidate subsistence charges incurred by members entitled to care under the provisions of this part. Such members must...


care is initially denied by an adjudication authority, the member may appeal the denial as outlined below. Any level in the appeal process may over-rule the...


nonnaval medical and dental care expenses. ---------------------------------------------------------------------------------------------------------------- ...


Adjudication authorities will assign to each claim approved for payment, a unique 15 position alpha/numeric standard document number (SDN). Prominently display...


to basic pay is entitled to a BAH at the monthly rates according to the pay grade to which he or she is assigned, in accordance with 37 U.S.C. 403. (b) The...


respect to personnel of the Navy, and the Head, Personal Affairs Branch, Manpower Department, Headquarters United States Marine Corps, Washington, DC 20380, with respect...


personnel who disregard or evade their obligations to their families. All members of the naval service are expected to conduct their personal affairs satisfactorily....


not adequately supporting his or her lawful dependents (spouse or children), the member will be interviewed and informed of the policy of the Department of the Navy...


leave for this purpose is recommended whenever consistent with the needs or exigencies of the service. When the blood parents of an illegitimate child marry, the child...


of the Navy when processsing and honoring legal process brought for the enforcement of legal obligations to provide child support or make alimony payments under 42 U.S.C....


pay administered by the Department of the Navy and due and payable to all categories of naval military or civilian personnel including personnel of Navy or Marine...


to legal process addressed to naval officials. Service of legal process affecting the pay of Department of the Navy personnel shall be made on the following...


set forth in Sec. 734.3, the designated officials are responsible for the following functions with regard to legal process: (1) Sending such notifications...


consultation with the Judge Advocate General and Commander, Navy Accounting and Finance Center or the Commandant of the Marine Corps (FD), as appropriate, establish procedures...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR735.1] [Page 372] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 735--REPORTING BIRTHS AND DEATHS IN COOPERATION WITH OTHER AGENCIES--Table of Contents Sec. 735.1 Purpose. To promulgate latest guidance on reporting births and deaths, including births to which part 138 of this title is applicable. ...


government may be a distinct advantage should documentary evidence, acceptable in all courts, be required at any future time. Department of Defense (DOD) policy...


refer the matter to the commanding officer for assurance of compliance with DOD policy. (a) Births. (1) In accordance with local health laws and regulations, the...


submarines (referred to as warships in this part) and certain public domain lands and mineral interests, may be disposed of under the authority contained in the...


of the amount required for performance of a contract) may be sold to the contractor or otherwise disposed of in accordance with the terms and conditions set forth in...


Act and regulations of the Administrator of General Services (see Sec. 736.1(a)). Certain vessels stricken from the Naval Vessel Register may be sold under the act...


disposition under the Federal Property Act. In the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American...


to transfer real property to the General Services Administration under the provisions of Secs. 736.3 and 736.4, the Department of the Navy has further authority to dispose of...


unless and until the Chief of Naval Operations, in accordance with the act of August 10, 1956 (70A Stat. 452; 10 U.S.C. 7307), has certified that such material is not...


cost the Government $1,000,000 or more if real property, or $3,000,000 or more if personal property (other than a patent, process, technique or invention), or of...


the Technical Property Interchange Agreements between the United States and foreign governments which agreements are designed to facilitate the interchange of patent rights...


(a) Military equipment including the information essential for its operation, [[Page 379]] maintenance and repair and technical information, known or claimed to...


and sets forth the policy, terms, conditions, and procedures for the licensing of rights in domestic patents and patent applications vested in the United States...


(36 FR 16887, August 26, 1971), is that government inventions normally will best serve the public interest when they are developed to the point of practical application and...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR746.3] [Page 380] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 746--LICENSING OF GOVERNMENT INVENTIONS IN THE CUSTODY OF THE DEPARTMENT OF THE NAVY--Table of Contents Sec. 746.3 Delegation of authority. The Chief of Naval Research is delegated the authority to administer the patent licensing program, with the authority to redelegate such authority. ...


is vested in the United States and in the custody of the Department of the Navy, and is designated by the Chief of Naval Research as appropriate for the grant of an...


of express nonexclusive or limited exclusive licenses to responsible applicants according to the factors and conditions set forth in Secs. 746.6 and 746.7, subject to...


for the granting of nonexclusive revocable licenses, subject to the provisions of any other licenses, including those under Sec. 746.8. (b) Terms of grant. (1)...


the granting of a limited exclusive license, provided that: (1) The invention has been published as available for licensing pursuant to paragraph (a) of Sec. 746.11...


Naval Research from granting additional nonexclusive or limited exclusive licenses for government inventions when he determines that to do so would provide for an equitable...


to United States citizens and United States corporations on government inventions; however, the Chief of Naval Research may require other consideration. (b)...


application of the invention. The reports shall contain information within his knowledge, or which he may acquire under normal business practices, pertaining to the...


the Federal Register, the Official Gazette of the United States Patent and Trademark Office, and at least one other publication that the Chief of Naval Research deems would best...


to transfer the property right in a patent when a license is issued pursuant to this part. Accordingly, the right to sue for infringement shall be retained with respect to...


custody of a Government invention to another government agency for purposes of administration, including the granting of licenses pursuant to this...


administration and supervision of the resolution of claims arising under the Federal Tort Claims Act (subpart B of this part), the Military Claims Act (subpart C of this part),...


rise to the claim is alleged to have happened is responsible for conducting an investigation in accordance with this part. (b) Thorough investigation. Every...


to gather all relevant information about the incident so adjudicating officers can either pay or deny the claim. The essential task of the investigating officer is to...


receive prompt and professional disposition. Every effort will be made to ensure an investigation is thoroughly and accurately completed, the claimant's allegations...


loss of, property shall be presented by the owner of the property or a duly authorized agent or legal representative. ``Owner'' includes a bailee, lessee, or mortgagor,...


a written statement with the amount of the claim expressed in a sum certain, and, as far as possible, describing the detailed facts and circumstances surrounding...


claim shall stamp or mark the date of recipt on the letter or claim form. The envelope in which the claim was received shall be preserved. (b) Determine the military...


determines whether an adequate investigation has been conducted, whether the initial receipt date is recorded on the face of the claim, and whether all holders...


or the General Accounting Office depending on the claims act involved and the amount of the requested payment. Generally, payment of a Federal tort claim above...


payment in the amount claimed, no settlement agreement is necessary. When a federal tort, military, or non-scope claim is approved for payment in a lesser amount than...


to the claimant, his attorney, or legal representative by certified or registered mail with return receipt requested. The denial notification shall include a statement of the...


suit. The commencement, under the civil action provisions of the Federal Tort Claims Act (28 U.S.C. 1346(b)), of any action against the United States and involving the...


for processing claims in foreign countries under the following acts. The service and country assignments are in DODDIR 5515.8 of 9...


consideration of claims against the United States under the FTCA. The FTCA is a limited waiver of sovereign immunity. Under the FTCA, an individual can seek money...


1988, Public Law 100-694 (amending 28 U.S.C. 2679(b) and 2679(d)), provides that the exclusive remedy for damage or loss of property, or personal injury or death arising from...


degree of care, skill, or diligence a reasonable person would exercise under similar circumstances. Negligent conduct can result from either an act or a failure to act. The law of...


at 28 U.S.C. 1346(b), 2671-2672, and 2674-2680. The Attorney General of the United States has issued regulations on administrative claims filed under the FTCA at 28 CFR part...


a foreign country. 28 U.S.C. 2680(k) and Beattie v. United States, 756 F.2d 91 (D.C. Cir. 1984). (b) Exclusions from liability. Statutes and case law have...


(b) Claim presented by agent or legal representative. A claim filed by an agent or legal representative will be filed in the name of the claimant; be signed by...


claim, claimants may be required to submit information, as follows: (1) Death. (i) An authenticated death certificate or other competent evidence showing cause of death, date...


the filing of suit. An amendment must be submitted in writing and must be signed by the claimant or duly authorized agent or legal representative. No finally denied claim...


may result in a claim against or in favor of the United States. Where a previously unanticipated claim is filed against the Government and an investigation has not...


sent to the claimant, his duly authorized agent or legal representative by certified or registered mail, with return receipt requested. The notification of final denial shall...


the 6-month period for filing suit, a claimant or his duly authorized agent or legal representative may present a request for reconsideration to the authority who denied the...


where the plaintiff resides or where the act or omission complained of occurred. 28 U.S.C. 1402. [[Page 398]] (b) Jury trial. There is no right...


act or omission occurred. When there is a conflict between local and applicable Federal law, the latter governs. 28 U.S.C. 1346(b). (b) Limitations on liability. The...


by the claimant, must be received prior to payment in every case in which the claim is either: (i) Settled for less than the full amount claimed, or (ii)...


an administrative claim, and are limited to 25 percent of any judgment rendered in favor of a plaintiff, or of any settlement accomplished after suit is filed. These amounts are to...


the FTCA must be presented in writing within 2 years after the claim accrues. 28 U.S.C. 2401(b). Federal law determines the date of accrual. A claim accrues when the...


the settlement of claims against the United States for death, personal injury, or damage, loss, or destruction of property: (a) Caused by military personnel...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR750.42] [Page 401] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 750--GENERAL CLAIMS REGULATIONS--Table of Contents Subpart C--Military Claims Act Sec. 750.42 Statutory authority. 10 U.S.C. 2733, as amended, commonly referred to as the Military Claims Act (MCA). ...


or damage or loss of real or personal property is payable under this provision when: (1) Caused by an act or omission determined to be negligent, wrongful, or...


caused, in whole or in part, by any negligence or wrongful act on the part of the claimant, or his agent or employee, unless the law of the place where the act or...


(1) U.S. citizens and inhabitants. (2) U.S. military personnel and civilian employees, except not for personal injury or death incident to service. (3) Persons...


Possessions. The law of the place where the act or omission occurred will be applied in determining liability and the effect of contributory or comparative negligence on...


the United States or its territories, commonwealth, or possessions under the law of the place where the incident occurred. Determine the measure of damages in property...


States or its territories, commonwealth, or possessions, determine the measure of damages under the law of the location where the injury arises. (b) Where an injury or...


settle claims in any amount. The Secretary may pay the first $100,000.00 and report the excess to the Comptroller General for payment under 31 U.S.C. 1304. See 10...


to exceed $100,000.00 under 10 U.S.C. 2736 in advance of submission of a claim. (b) Statutory authority. Title 10 U.S.C. 2736 authorizes the Secretary of the Navy...


in writing, of the action taken on the claim. (b) Final denial. A final denial, in whole or in part, of any MCA claim shall be in writing and sent to the claimant, or...


any time within 30 days after receipt of notification of disapproval. An appeal shall be in writing and state the grounds relied upon. An appeal is not an adversary proceeding...


DODDIR 5515.8 of 9 June 1990. (b) Claims Settlement Procedures. Where a single service has been assigned a country or area claims responsibility, that service will...


(a) General. Requests for reimbursement/indemnification of costs, settlements, and judgments cognizable under 10 U.S.C. 1089(f) [for personal injury or death caused by any...


fees so determined are to be paid out of the amount awarded and not in addition to the award. These fee limitations shall be incorporated in any settlement agreement...


the United States, not payable under any other statute, caused by the act or omission, negligent, wrongful, or otherwise involving fault, of Department of the Navy...


the administrative settlement in an amount not to exceed $1,000.00 of any claim against the United States not cognizable under any other provision of law for damage,...


DON paid from appropriated funds at the time of the incident. (b) Vehicle. Includes every description of carriage or other artificial contrivance used, or capable of being...


in determining what is a proper claim, who is a proper claimant, and how a claim is to be investigated and processed under 10 U.S.C. 2737 and this section. (b) A claim...


it accrues. It accrues at the time the claimant discovers, or in the exercise of reasonable care should have discovered, the existence of the act or omission for which...


Assistant Judge Advocate General (General Law); Deputy Assistant Judge Advocate General (Claims and Tort Litigation Division); Head, Federal Tort Claims Branch...


not payable, the United States shall not pay more than $1,000.00 for a claim against the United States, not cognizable under any other provision of law, except Article...


the personal injury or death caused wholly or partly by a negligent or wrongful act of the claimant or his agent or employee. (b) A claim, or any part thereof, that is...


used to determine the extent of recovery for nonscope claims. Compensation is computed in accordance with Secs. 750.47 and 750.48 of subpart C, except damages for personal...


administrative settlement of claims against the United States submitted by Department of the Navy (DON) personnel and civilian employees of the...


Civilian Employees' Personnel Claims Act (Personnel Claims Act), 31 U.S.C. 3701, 3702, and 3721, provides that the maximum amount payable for any loss or damage arising from...


for loss, damage, or destruction of personal property of military personnel or civilian employees incident to their service. The Act provides for the recovery from...


to service members and civilian employees of the DON for loss and damage to personal property incurred incident to service. This limited compensation is not a...


duty members and reservists on active duty for training under Federal law whether commissioned, enrolled, appointed, or enlisted. A retired member may only claim under this...


set out below if possession of the property was reasonable and useful under the circumstances and the loss did not result from the negligence of the claimant. ...


damaged or lost at quarters occupied by the claimant within the United States that are not assigned or otherwise provided by the Government. (b) Currency or...


adjudicate and authorize payment of personnel claims up to $40,000.00: (1) The Judge Advocate General; (ii) Deputy Judge Advocate General; (iii) Any...


presented to the claims office or personal property office serving the installation where the claimant is stationed, or nearest to the point where the loss or...


by DD Form 1844 (List of Property). If DD Forms 1842 and 1844 \1\ are not available, any writing will be accepted and considered if it asserts a demand for a...


claim shall be stamped with the date and receiving office, and be referred to a claims investigating officer. The investigating officer shall consider all information and...


claim shall be stamped with the date and receiving office, and be referred to a claims investigating officer. The investigating officer shall consider all information and...
...


from carriers, contractors, insurers, or members will be made by the Navy or Marine Corps disbursing officer serving the adjudicating authority. Payments will be charged...


feed, clothe, or house themselves and/or their families as a result of sustaining a compensable loss, the adjudicating authority may authorize a partial payment of an...


the claimant shall be given written notification of a the initial adjudication and of the right to submit a written request for reconsideration to the original...


during the storage or transport of household goods and other personal property for which military personnel and civilian employees were paid under the provisions of...


property lost or damaged while in transit or in storage at Government expense is a joint Personal Property Office/Naval Legal Service Office responsibility. In order...


Loss or Damage, DD Form 1840R, is properly completed and dispatched to the liable third party or parties within 75 days of delivery of the property. (b) Counseling...


note any loss of damage at the time of delivery [[Page 427]] on the DD Form 1840 (Joint Statement of Loss or Damage at Delivery). Later discovered damage...


Increased released valuation, also referred to as ``Basic Coverage,'' became effective within CONUS and Alaska on 1 April 1987 for intrastate shipments (shipments within...


destroyed during shipment under a GBL pursuant to authorized travel orders, the claims investigating officer or adjudicating authority (whichever can more efficiently...


be made in writing on DD Form 1843 (Demand on Carrier) with a copy of the adjudicated DD Form 1844 (Schedule of Property) attached. (a) Demand packets. A demand is a...


to the extent of any payment made on the claim, all rights and interest the claimant may have against any contractor, carrier, or insurer or other party arising out of...


from the Government under this instruction and also receives compensation from a carrier, contractor, or insurer for the same loss, the Government shall collect from...


interest of expeditious office administration, correspondence to carriers and contractors should be kept to a minimum. Normally, one rebuttal to a third party's denial...


for denial of an entire claim, or for individual items on a claim. Each reason for denial is followed by a short discussion of the validity of such a denial. (a)...


a recommendation for offset action when 120 days have passed since a demand and a response has not been received from the carrier or contractor. Files are also forwarded...


when the [[Page 438]] loss or destruction of an item in shipment is attributable to a GBL carrier. Unearned freight packets should be addressed to the...


Policy and Procedures Manual for Guidance of Federal Agencies, and 4 CFR parts 30-32 set forth procedures for carriers to appeal setoff action. Before a carrier can appeal...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR751.35] [Page 438] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 751--PERSONNEL CLAIMS REGULATIONS--Table of Contents Subpart B--Demand On Carrier, Contractor, or Insurer Sec. 751.35 Forms and instructions. Copies of all of the forms and instructions discussed in this part may be obtained if needed, from the Commanding Officer, Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120. ...


under the jurisdiction of the Navy, or damage caused by a maritime tort committed by an agent or employee of the Navy, and affirmative claims by the United States for...


the amount paid does not exceed $1,000,000 and where the matter is not in litigation, of claims for damage caused by naval vessels or by other property under the...


by other property under the jurisdiction of the Department of the Navy; (2) compensation for towage or salvage service, including contract salvage, rendered to a vessel in the...


this authorization is codified in 10 U.S.C. 7623 (1994), and is the reciprocal of 10 U.S.C. 7622 (1994) referred to in Sec. 752.3. (b) Scope. 10 U.S.C. 7623...


to a vessel in the naval service or to other property under the jurisdiction of the Department of the Navy, or for salvage services rendered by the Department of the Navy....


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR755.1] [Page 441] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 755--CLAIMS FOR INJURIES TO PROPERTY UNDER ARTICLE 139 OF THE UNIFORM CODE OF MILITARY JUSTICE--Table of Contents Sec. 755.1 Statutory authority. Article 139, UCMJ, redress of injuries to property, is the basis for this chapter. ...


satisfaction of claims for property damage caused under certain circumstances. Claims for damage, loss, or destruction of privately owned property caused by a person or persons in...


resulting from simple negligence. (b) Claims of subrogees. [[Page 442]] (c) Claims for personal injury or death. (d) Claims arising from acts...


giving rise to it. (b) Acts of property owner. When the acts or omissions of the property owner, his lessee, or agent were a proximate contributing factor to the loss...


the amount of the claim, the facts and circumstances surrounding the claim and any other information that will assist in the investigation and resolution of the matter....


shall ensure the alleged offenders are shown the investigative report and are advised they have 20 days within which to submit a statement or additional information...


shall be forwarded to the common superior exercising general court-martial jurisdiction over the commands to which the alleged offenders are assigned. That...


by either the claimant or a member who has been assessed pecuniary liability, reopen the investigation or take any other action he believes is necessary in...


from and is not affected by any disciplinary action against the offender. The two proceedings are independent. Acquittal or conviction of the alleged offender...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR756.1] [Page 444] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 756--NONAPPROPRIATED-FUND CLAIMS REGULATIONS--Table of Contents Sec. 756.1 Scope. This part explains how to settle claims for and against the United States for property damage, personal injury, or death arising out of the operation of nonappropriated-fund instrumentalities. ...


for programs and services contributing to the mental and physical well-being of Department of Defense personnel and their dependents. A NAFI is...


attributable to their operations. The Commandant of the Marine Corps, the Chief of Naval Personnel, and the Commander, Naval Supply Systems Command determine...


the NAFI and its insurer. NAFI's, however, are Federal agencies within the meaning of the Federal Tort Claims Act if charged with an essential function of the Department...


accordance with the procedures for investigating similar claims against appropriated fund activities in order to protect the residual liability of the United States....


statutes applicable to similar appropriated fund activity claims. (b) When the NAFI is insured. When a NAFI is insured, the insurer or the contracted third-party...


$1000.00 or less, may be adjudicated by the commanding officer of the activity concerned or designee. The claim shall be paid out of funds available to the...


necessary to begin the 6-month limitation on filing suit against the United States for claims filed under the Federal Tort Claims Act. Denial of a claim shall be in writing...


within the United States. Compensation is provided by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901-950) for employees of NAFI's who have...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR757.1] [Page 446] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 757--AFFIRMATIVE CLAIMS REGULATIONS--Table of Contents Subpart A--Property Damage Claims Sec. 757.1 Scope of subpart A. Subpart A describes how to assert, administer, and collect claims for damage to or loss or destruction of Government property through negligence or wrongful acts. ...


money or property in favor of the United States shall be processed in accordance with the Federal Claims Collection Act (31 U.S.C. 3711). Department of Defense Directive...


settlement of affirmative claims. This section supplements the material contained in those regulations. Where this section conflicts with the materials and procedure published in...


or the property of nonappropriated-fund activities. It should be noted, however, that as a general rule, the Government does [[Page 447]] not seek...


administrative collection of claims are established in 4 CFR part 102. (b) Officials authorized to pursue claims. The following officers are authorized to pursue and collect...


officers identified in Sec. 757.5(b) may collect the full amount on all claims, and may compromise, execute releases or terminate collection action on all claims of $20,000.00...


medical care under the Medical Care Recovery Act (MCRA). The MCRA states that when the Federal Government provides treatment or pays for treatment of an individual who...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR757.12] [Page 448] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 757--AFFIRMATIVE CLAIMS REGULATIONS--Table of Contents Subpart B--Medical Care Recovery Act (MRCA) Claims Sec. 757.12 Statutory authority. Medical Care Recovery Act, 42 U.S.C. 2651-2653 (1982). [[Page 449]] ...


asserting, and collecting Department of the Navy (DON) MCRA claims and properly forwarding MCRA claims to other Federal departments or agencies rests with the...


to Navy and Marine Corps active duty personnel, retirees, or their dependents, and third-party tort liability for the injury or disease exists. Claims are asserted when...


DON's assertion of claims against apparent third-party tortfeasors. MCRA claims are not asserted against: (a) Federal Government agencies. Claims are not asserted against...


investigate potential MCRA claims against the following [[Page 451]] third parties and forward a copy of their claims file, along with recommendations on...


the United States, must file suit within 3 years after an MCRA action accrues. 28 U.S.C. 2415. Generally this is 3 years from the date of initial Federal treatment or...


claim, the JAG designee will determine the Federal agency or department responsible for investigating and asserting the claim. (1) When the DON has reimbursed...


any MCRA claim under his authority which does not exceed $40,000.00. A third party's liability for medical costs to the United States arising from a particular...


full for any claim for which he is responsible. Written acknowledgment of this receipt will be mailed to the party making payment and a copy of the acknowledgement kept in...


(a) This part provides regulations governing the entry of persons, ships, and aircraft into: (1) Naval Defensive Sea Areas and Naval Airspace...


and general policy. (a) Certain areas, due to their strategic nature or for purposes of defense, have been subjected to restrictions regarding the free entry...


(a) Naval Defensive Sea Areas and Naval Airspace Reservations. By Executive orders, as amended, the President has reserved, set aside, and established the...


(a) Entry into islands in the Kwajalein Atoll under military jurisdiction is controlled by the Department of the Army. Inquiries concerning entries into...


(a) Defense area. A naval defensive sea area, naval airspace reservation, or naval administrative area established by Executive order of the President. ...


Criteria. (a) General. (1) Entry authorizations may be issued only after an Entry Control Commander, or a duly authorized subordinate acting in his behalf,...


Basic controls. (a) General. Except for such persons, ship, or aircraft as are issued an authorization to enter by an Entry Control Commander: (1) No person,...


(a) As indicated in Sec. 761.7(a), certain persons, ships, and aircraft must be specifically authorized under the provisions of this part to enter...


Entry Control Commanders. The following commanders are designated Entry Control Commanders with authority to approve or disapprove individual entry authorizations...


Persons: Group authorizations. Persons in the following categories, except those persons who have been denied individual authorization or have had a prior...


Persons: Individual authorizations. (a) Application; filing. Applications for authorization to enter defense areas shall be filed with one of the following: (1)...


Ships: Group authorizations. Ships or other craft in the following categories, except those ships which have been denied individual authorization or have had a...


Ships: Individual authorizations. (a) Applications; form; filing. Applications for authorization to navigate ships within the limits of defense areas shall be filed...


Aircraft: Group authorizations. Aircraft in the following categories, except those aircraft which have been denied individual authorization or have had a prior...


Aircraft: Individual authorizations. (a) Special procedures. In addition to the entry authorization to enter or navigate within the defense area concerned, certain...


Notice of action. All applicants will be kept advised of action being taken relative to the processing of applications. Individuals whose applications cannot be...


Revocation. Entry authorizations will be revoked only by an Entry Control Commander upon being advised of the discovery of information which would have been ground for...


Appeals. (a) Appeals may be filed with the Entry Control Commander who issued the denial or revocation. It shall contain a complete statement of the purpose of the...


Forms. The following forms shall be used in connection with the processing of applications for authorization to enter defense areas and for revocation of authorizations...


Additional regulations governing persons and vessels in Naval Defensive Sea Areas. (a) By virtue of the authority vested in the President by section 44 of the United...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR763.1] [Page 467] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 763--RULES GOVERNING PUBLIC ACCESS--Table of Contents Subpart A--Entry Regulations for Kaho'olawe Island, Hawaii Sec. 763.1 Purpose. The purpose of this subpart is to promulgate regulations for entry to Kaho'olawe Island, Hawaii, and its adjacent waters. ...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR763.2] [Page 467] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 763--RULES GOVERNING PUBLIC ACCESS--Table of Contents Subpart A--Entry Regulations for Kaho'olawe Island, Hawaii Sec. 763.2 Definition. For the purpose of this subpart, Kaho'olawe Island includes that portion reserved for naval purposes by Executive Order No. 10436 of February 20, 1953. ...


as a training area including bombing and gunnery training ranges under authority granted by Executive Order No. [[Page 468]] 10436. Training operations...


prohibited without advance authorization from Commander Naval Base. This prohibition applies to all areas of Kaho'olawe Island reserved for naval purposes by Executive...


accordance with the spirit of the American Indian Religious Freedom Act (1978), reasonable access to Kaho'olawe Island during periods when it is not used for military...


U.S.C. 1382, which provides in relevant part: Whoever * * * goes upon any * * * naval * * * reservation * * * for any purpose prohibited by law or lawful regulation *...


as may be necessary for insuring security and for governing the navigation, movements, and anchorage of vessels in the waters of Pearl Harbor and in the entrance...


in this section, refers to a service member who commits the offense of absence without leave. Cf. article 86 of the Uniform Code of Military Justice (10 U.S.C. 886). ...


discharged honorably or under honorable conditions from the United States Army, Navy, Air Force or Marine Corps, regular or reserve, may, when authorized by regulations...


use or imitate the seal, emblem, names, or initials of the Marine Corps in connection with commercial and certain noncommercial activities pursuant to 10 U.S.C. 7881....


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR766.1] [Page 474] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 766--USE OF DEPARTMENT OF THE NAVY AVIATION FACILITIES BY CIVIL AIRCRAFT--Table of Contents Sec. 766.1 Purpose. This part establishes the policy and procedures for the use of Navy and Marine Corps aviation facilities by aircraft other than U.S. Department of Defense aircraft. ...


of the aviation facility, specified in the flight plan, to which an aircraft may divert when a landing at the point of first intended landing becomes impractical because of...


owned or operated by the United States may be made available for public use under such conditions and to such extent as the head of the department or other agency...


aircraft. Equipment, personnel and material are maintained only at a level necessitated by these requirements and shall not be used to support the operation or maintenance...


by civil aircraft shall be at the risk of the operator. Except as hereinafter provided for U.S. Government contractors, the Department of the Navy shall...


(c) of this section, the commanding officer of an active Navy/Marine Corps aviation facility may approve or disapprove landings of civil aircraft at his facility when...


aviation facility will be required to: (1) Execute an application for an Aviation Facility License (OPNAV Form 3770/1 (Rev. 7-70)). (2) Submit a Certificate...


the commanding officer. The commanding officer will review each application for Aviation Facility License and Certificate of Insurance received and determine whether such forms...


shall be responsible for requiring aircraft owners or operators to procure and maintain liability insurance conforming to the standards prescribed by the Chief of Naval...


comply with the terms of the Aviation Facility License (OPNAV Form 3770/1) or of any applicable regulations, all current Aviation Facility Licenses for that user will...


storage fees, as applicable, from all users required to have an Aviation Facility License by Sec. 766.7 except for the following: (1) Government aircraft (see...


from an approving authority, except in a bona fide emergency, is in violation of this part. Civil aircraft landing in violation of this regulation will have to pay the...


the Federal Aviation Act of 1958 (72 Stat. 798 as amended, 49 U.S.C. 1507, 1508), Navy/ [[Page 484]] Marine Corps Aviation fuel, oil, services, and supplies are...


Purpose. (a) The purpose of this part is to establish the requirement and procedural guidelines for permits to conduct research on and/or recover Department of...


Definitions. Aircraft wreck means the physical remains of an aircraft, intact or otherwise, its cargo, and other contents. Aircraft wrecks are classified as...


Policy. (a) The Naval Historical Center's policy has been to evaluate each DON ship and aircraft wreck on an individual basis. In some cases, the removal of DON ship...


Application for permit. (a) To request a permit application form, please write to: Department of the Navy, U.S. Naval Historical Center, Office of the...


Evaluation of permit application. (a) Permit applications for archeological research are reviewed for completeness, compliance with program policies, and adherence to...


Credentials of principal investigator. A resume or curriculum vitae detailing the professional qualifications and professional publications and papers of the...


Conditions of permits. (a) Upon receipt of a permit, permit holders must counter-sign the permit and return copies to the NHC and the applicable SHPO, Federal or...


Requests for amendments or extensions of active permits. (a) Requests for amendments to active permits (e.g., a change in study design or other form of amendment) must conform...


Content of permit holder's final report. The permit holder's final report shall include the following: (a) A site history and a contextual history relating the site to...


Monitoring of performance. Permitted activities will be monitored to ensure compliance with the conditions of the permit. NHC on-site personnel, or other...


Violations of permit conditions. The Director of Naval History, the Underwater Archeologist for DON, or his/her designee may, amend, suspend, or revoke a permit in whole...


References for submission of permit application to conduct archeological research. (a) National Historic Preservation Act of 1966, as amended (NHPA), 16 U.S.C. 470 et...


noted. This subpart provides regulations and related information governing hunting and fishing on the Marine Corps Base Reservation,...


Marine Corps Base, Quantico, VA, must possess appropriate valid licenses in compliance with the Laws of the United States and the State of Virginia. (b) In addition,...


proper state license and Base permit are permitted to fish in the areas designated by the Annual Fishing Regulations on Marine Corps Base, Quantico, VA, on any authorized...


State, Federal and Base licenses and permits are permitted to hunt in the areas designated daily by the Annual Hunting Bulletin on Marine Corps Base, Quantico, VA, on...


200 yards of the following: Ammunition dumps, built-up areas, rifle or pistol ranges, dwelling or other occupied structures, and areas designated by the Annual...


Eve, Christmas Day, New Years Day, or after 1200 on Thanksgiving Day. (b) Hunters under 18 years of age must be accompanied by an adult (21 years of age or older)...


hunting regulations, fishing regulations, safety regulations, or principles of good sportsmanship are subject to administrative restriction of hunting or fishing privileges...


must attach the appropriate tab from his big game license to the carcass before moving the game from the place of kill. The game will then be taken to the Game Checking...


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR770.9] [Page 492] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 770--RULES LIMITING PUBLIC ACCESS TO PARTICULAR INSTALLATIONS--Table of Contents Subpart A--Hunting and Fishing at Marine Corps Base, Quantico, Virginia Sec. 770.9 Miscellaneous. Refer to the Annual Fishing and Hunting Bulletins that will cover any annual miscellaneous changes. [65 FR 53592, Sept. 5, 2000] ...


Authority: 50 U.S.C. 797; DoDDir. 5200.8 of April 25, 1991; 5 U.S.C. 301; 10 U.S.C. 6011; 32 CFR 700.702; 32 CFR 700.714. Source: 44 FR 32368, June 6, 1979,...


For the purpose of this subpart, SUBASE Bangor shall include that area of land in Kitsap and Jefferson Counties, State of Washington which has been set aside for use...


(a) SUBASE Bangor has been designated as the West Coast home port of the Trident Submarine. Facilities for the repair or overhaul of naval vessels are located at...


Except for military personnel and civilian employees of the United States in the performance of their official duties, entry upon Naval Submarine Base, Bangor,...


(a) Any person or group of persons desiring the advance consent of the Commanding Officer, SUBASE Bangor or his authorized representative shall, in writing, submit...


(a) Any person entering or remaining on SUBASE Bangor, without the consent of the Commanding Officer, SUBASE Bangor or his authorized representative, shall be...


Authority: 50 U.S.C. 797; DoD Dir. 5200.8 of Aug. 20, 1954; 5 U.S.C 301; 10 U.S.C. 6011; 32 CFR 700.702, 770.714. Source: 44 FR 76279, Dec. 26, 1979, unless...


For the purpose of this subpart the following definitions apply: (a) Naval installations. A naval installation is a shore activity and is any area of land, whether or...


(a) Naval installations in Hawaii constitute a significant element of the national defense establishment. It is vital to the national defense that the use of such areas be...


Each commander is responsible for the security of his/her command. Therefore, entry onto a command or into part of a command may be controlled by the commander...


(a) Operational, security, and safety considerations take priority over requests by individuals to visit a naval installation. Consistent with such...


(a) Any person entering or remaining on a naval installation in the State of Hawaii, without consent of the commander or his authorized representative, shall be subject to...


naval installations in the State of Hawaii and cognizant commanders authorized to grant access under these regulations. (a) On Oahu. (1) Naval Base, Pearl Harbor (including...


Source: 46 FR 22756, Apr. 21, 1981, unless otherwise noted. The purpose of this subpart is to promulgate standard regulations and procedures governing entry...


For purposes of these regulations, U.S. Naval installations and properties in Puerto Rico include, but are not limited to, the U.S. Naval Station, Roosevelt Roads...


In accordance with 32 CFR 765.4, Naval installations and properties in Puerto Rico are not open to the general public, i.e., they are ``closed'' military bases....


Except for duly authorized military personnel and civilian employees, including contract employees, of the United States in the performance of their...


(a) Any person or group of persons desiring to obtain advance consent for entry upon any U.S. Naval installation or property in Puerto Rico from the Commanding...


Any person entering or remaining on U.S. Naval installations and properties in Puerto Rico, without the advance consent of those officials hereinabove enumerated, or...


Authority: 50 U.S.C. 797; DoD Directive 5200.8 of July 29, 1980; SECNAVINST 5511.36 of December 20, 1980; OPNAVINST 5510.45 of April 19, 1971; 5 U.S.C. 301; 10 U.S.C....


Naval Submarine Base New London maintains and operates facilities to support training and experimental operations of the submarine force including providing support...


The responsibility for proper identification and control of personnel and vehicle movement on the Naval Submarine Base New London is vested with the...


Except for military personnel, their authorized dependents, or guests, and employees of the United States in the performance of their official duties, entry...


(a) Any individual person or group of persons desiring the advance consent of the Commanding Officer, Naval Submarine Base New London, or his...


(a) Any person entering or remaining on Naval Submarine Base New London, without the consent of the Commanding Officer, Naval Submarine Base New London or his...


Authority: 5 U.S.C. 301; 10 U.S.C. 6011; 50 U.S.C. 797; DoD Directive 5200.8 of April 25, 1991; SECNAVINST 5511.36A of July 21, 1992; OPNAVINST 5530.14C of December 10,...


For the purpose of this subpart, Puget Sound Shipyard shall include that area of land, whether or not fenced or covered by water, in Kitsap County in the State...


(a) Puget Sound Naval Shipyard is a major naval ship repair facility, with operational requirements to complete repairs and overhaul of conventionally powered...


Except for military personnel and civilian employees of the United States in the performance of their official duties, entry upon Puget Sound Naval Shipyard,...


(a) Any person or group of persons desiring the advance consent of the Commander, Puget Sound Naval Shipyard, or his authorized representative, shall, in...


(a) Any person entering or remaining on Puget Sound Naval Shipyard, without the consent of the Commander, Puget Sound Naval Shipyard, or an authorized representative,...


Authority: 5 U.S.C. 301; 10 U.S.C. 6011; 50 U.S.C. 797; DoD Directive 5200.8 of April 25, 1991; SECNAVINST 5511.36A of July 21, 1992; NAVCOMSYSCOMINST 5510.2B of April...


(a) Portsmouth Naval Shipyard maintains and operates facilities ``to provide logistic support for assigned ships and service craft; to perform authorized work...


The responsibility for proper identification and control of personnel and vehicle movement on the Portsmouth Naval Shipyard is vested with the Shipyard Security...


Except for military personnel, their authorized dependents, or guests, and civilian employees of the United States in the performance of their official duties,...


(a) Any person or group desiring the advance consent of the Commander, Portsmouth Naval Shipyard, or his authorized representative, shall, in writing, submit a...


(a) Any person entering or remaining on Portsmouth Naval Shipyard without the consent of the Commander, Portsmouth Naval Shipyard, or his authorized representative, shall...


to the Navy and Marine Corps for implementing the Council on Environmental Quality (CEQ) regulations (40 CFR parts 1500-1508) implementing procedural provisions of...


of the Navy (DON), and the Navy and Marine Corps operating forces and shore establishments. This part is limited to the actions of these elements with...


national defense, it does so in a manner consistent with national environmental policies. In so doing, the Navy recognizes that the NEPA process includes the...


(1) Advise the Secretary of the Navy on DON policy regarding NEPA compliance. (2) Be the principal point-of-contact with the CEQ, Environmental Protection Agency (EPA),...


the action from complying with NEPA and the CEQ regulations. Therefore, environmental documents shall be prepared, safeguarded and disseminated in accordance with the...


determine as early as possible the appropriate level of documentation required under NEPA, i.e., is the action a major federal action significantly affecting the...


environmental documents is important in achieving the purposes of NEPA. Therefore, the NEPA process shall begin as early as possible in the decisionmaking process. ...


be used to determine the scope of issues to be addressed and to identify the significant issues to be analyzed in depth related to the proposed action (40 CFR...


much as practicable with any environmental studies, surveys and impact analyses required by other environmental review laws and executive orders (40 CFR 1502.25). When...


planning commissions of adjacent cities, counties, and states, for cooperation and resolution of mutual land use and environment-related problems should be...


clearly recognized and it is recommended that commands proposing an action develop a plan to ensure appropriate communication with affected and interested parties....


(a) Provide guidelines and procedures for administrative direction and implementation of this part and CEQ regulations; and (b) Maintain a focal point for the coordination of...


the authority citations (which, if not found in local libraries, are available from the Office of the Judge Advocate General, 1322 Patterson Avenue, SE., Suite...


(a) This part defines the professional ethical obligations of, and applies to, all ``covered attorneys.'' (b) ``Covered attorneys'' include: (1) The following U.S....


shall maintain the highest standards of professional ethical conduct. Loyalty and fidelity to the United States, to the law, to clients both institutional and individual, and...


(a) The executive agency to which assigned (DON in most cases) is the client served by each covered USG attorney unless detailed to represent another client by...


the extent that it does not conflict with statutes, regulations, or this part, the American Bar Association's Code of Judicial Conduct applies to all military and appellate judges and...


that a conflict exists between this part and the rules of other jurisdictions that regulate the professional conduct of attorneys, this [[Page 510]] part...


Covered USG attorneys shall report promptly to the Rules Counsel any disciplinary or administrative action, including initiation of investigation, by any licensing authority...


(a) Composition. This standing committee will consist of the Assistant Judge Advocate General (AJAG) for Military Justice; the Vice Commander, Naval Legal...


JAG to act as special assistants for the administration of this part, the Rules Counsel derive authority from JAG and, as detailed in this part, have ``by direction''...


(a) Advisors. Covered attorneys may seek informal ethics advice either from the officers named below or from supervisory attorneys in the field. Within the Office of the JAG...


A covered USG attorney's primary professional responsibility is to the client, as defined by Sec. 776.4 of this part, and he or she is expected to ensure...


Ethics complaint records shall be maintained by the Administrative Law Division, Office of the Judge Advocate General, and, in the case of Marine records, by the Judge...


(a) A covered USG attorney is a representative of clients, an officer of the legal system, an officer of the Federal [[Page 512]] Government, and a public...


The Rules of this subpart are based on the following principles. Interpretation of this subpart should flow from common meaning. To the extent that any ambiguity or conflict...


(a) Competence. A covered attorney shall provide competent, diligent, and prompt representation to a client. Competent representation requires the legal knowledge, skill, access...


scope of representation. (a) Establishment and scope of representation: (1) Formation of attorney-client relationships by covered USG attorneys with, and representation...


(a) Diligence. A covered attorney shall act with reasonable diligence and promptness in representing a client, and shall consult with a client as soon as practicable and as often...


(a) Communication: (1) A covered attorney shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests...


(a) Fees: (1) A covered USG attorney shall not accept any salary, fee, compensation, or other payments or benefits, directly or indirectly, other than Government...


(a) Confidentiality of Information: (1) A covered attorney shall not reveal information relating to representation of a client unless the client consents...


rule. (a) Conflict of interest: General rule: (1) A covered attorney shall not represent a client if the representation of that client will be...


transactions. (a) Conflict of interests: Prohibited transactions. (1) Covered USG attorneys shall strictly adhere to current Department of Defense...


client. (a) Conflict of interest: Former client. A covered attorney who has represented a client in a matter shall not thereafter: (1) Represent another person...


rule. (a) Imputed disqualification: General rule. Covered USG attorneys working in the same military law office are not automatically disqualified...


private employment. (a) Successive Government and private employment: (1) Except as the law or regulations may otherwise expressly permit, a former covered...


(a) Former judge or arbitrator: (1) Except as stated in paragraph (a)(3) of this section, a covered USG attorney shall not represent anyone in connection with...


Navy as client. (a) Department of Navy as client: (1) Except when representing an individual client pursuant to paragraph (a)(6) of this section, a covered USG...


(a) Client under a disability: (1) When a client's ability to make adequately considered decisions in connection with the representation is impaired,...


(a) Safekeeping property. Covered USG attorneys shall not normally hold or safeguard property of a client or third persons in connection with representational duties....


(a) Declining or terminating representation: (1) Except as stated in paragraph (a)(3) of this section, a covered attorney shall not represent...


(a) Prohibited sexual relations: (1) A covered attorney shall not have sexual relations with a current client. A covered attorney shall not require, demand,...


(a) Advisor. In representing a client, a covered attorney shall exercise independent professional judgment and render candid advice. In rendering advice, a covered attorney should...


(a) Mediation: (1) A covered attorney may act as a mediator between individuals if: (i) The covered attorney consults with each individual concerning the...


third persons. (a) Evaluation for use by third persons: (1) A covered attorney may undertake an evaluation of a matter affecting a client for the use of someone...


contentions. (a) Meritorious claims and contentions. A covered attorney shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is...


(a) Expediting litigation. A covered attorney shall make reasonable efforts to expedite litigation or other proceedings consistent with the interests of the client and...


the tribunal. (a) Candor and obligations toward the tribunal: (1) A covered attorney shall not knowingly: (i) Make a false statement of material fact or...


and counsel. (a) Fairness to opposing party and counsel. A covered attorney shall not: (1) Unlawfully obstruct another party's access to evidence...


the tribunal. (a) Impartiality and decorum of the tribunal. A covered attorney shall not: (1) Seek to influence a judge, court member, member of a...


(a) Extra-tribunal statements: (1) A covered attorney shall not make an extrajudicial statement about any person or case pending investigation or...


(a) Attorney as witness: (1) A covered attorney shall not act as advocate at a trial in which the covered attorney is likely to be a necessary witness except when: ...


a trial counsel. (a) Special responsibilities of a trial counsel. A trial counsel shall: (1) Recommend to the convening authority that any charge...


(a) Advocate in nonadjudicative proceedings. A covered attorney representing a client before a legislative or administrative tribunal in...


others. (a) Truthfulness in statements to others. In the course of representing a client a covered attorney shall not knowingly; (1) Make a false statement...


represented by counsel. (a) Communication with person represented by counsel. In representing a client, a covered attorney shall not communicate about the subject...


person. (a) Dealing with an unrepresented person. When dealing on behalf of a client with a person who is not represented by counsel, a covered attorney...


third persons. (a) Respect for rights of third persons. In representing a client, a covered attorney shall not use means that have no substantial purpose other than...


Judge Advocate General and supervisory attorneys. (a) Responsibilities of the Judge Advocate General and supervisory attorneys. (1) The JAG and supervisory attorneys...


subordinate attorney. (a) Responsibilities of a subordinate attorney: (1) A covered attorney is bound by this part notwithstanding that the covered attorney acted at...


non-attorney assistants. (a) Responsibilities regarding non-attorney assistants. With respect to a non-attorney acting under the authority, supervision, or...


a covered USG attorney. (a) Professional independence of a covered USG attorney. (1) Notwithstanding a judge advocate's status as a commissioned officer...


law. (a) Unauthorized practice of law. A covered USG attorney shall not: (1) Except as authorized by an appropriate military department, practice law in...


matters. (a) Bar admission and disciplinary matters. A covered attorney, in connection with any application for bar admission, appointment as a judge...


(a) Judicial and legal officers. A covered attorney shall not make a statement that the covered attorney knows to be false or with reckless disregard as to its...


(a) Reporting professional misconduct: (1) A covered attorney having knowledge that another covered attorney has committed a violation of this part...


(a) Misconduct. It is professional misconduct for a covered attorney to: (1) Violate or attempt to violate this subpart, knowingly assist or induce another to do so,...


(a) Jurisdiction. All covered attorneys, as defined in Sec. 776.2 of this part, shall be governed by this part. (b)(1) Many covered USG attorneys practice outside...


in good standing with licensing authorities. (a) Requirement to remain in good standing with state licensing authority: (1) Each officer of the Navy appointed as...


(a) It is JAG's policy to investigate and resolve, expeditiously and fairly, [[Page 530]] all allegations of professional impropriety lodged against...


actions. Acts or omissions by covered attorneys may constitute professional misconduct, criminal misconduct, poor performance of duty, or a combination of all...


Informal, anonymous, or ``hot line'' type complaints alleging professional misconduct must be referred to appropriate authority (such as the JAG Inspector General or...


(a) The complaint shall: (1) Be in writing and be signed by the complainant; (2) State that the complainant has personal knowledge, or has otherwise...


Rules Counsel. (a) Complaints shall be forwarded to JAG(13) or, in cases involving Marine Corps judge advocates or civil service and contracted civilian attorneys...


(a) If the Rules Counsel determines that there is probable cause to believe that a violation of this part or of the Code of Judicial Conduct has occurred, the Rules Counsel...


(a) Where the Rules Counsel determines there is probable cause to believe that a covered attorney has committed misconduct or other violations of this part, and poses...


(a) The purpose of the preliminary inquiry is to determine whether, in the opinion of the officer appointed to conduct the preliminary inquiry (PIO), the...


(a) Whenever an ethics investigation is initiated, the covered attorney concerned will be so notified, in writing, by the Rules Counsel. (b) The...


(a) For purposes of this section, the term ``separate proceeding'' includes, but is not limited to, court-martial, non-judicial punishment,...


(a) JAG is not bound by the recommendation rendered by the Rules Counsel, IO, PIO, or any other interested party, but will base any action on the record as a whole....


[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR776.87] [Page 537] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 776--PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL--Table of Contents Subpart C--Complaint Processing Procedures Sec. 776.87 Finality. Any action taken by JAG is final, subject to any remedies afforded by Navy Regulations or any other regulation to the covered attorney concerned. ...


Upon determination by JAG that a violation of the Rules or the Code of Judicial Conduct has occurred, JAG may cause the Rules Counsel to report that fact to...




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