Naval Discharge Review Board, 746-748 [E9-31231]
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Federal Register / Vol. 75, No. 3 / Wednesday, January 6, 2010 / Rules and Regulations
SUMMARY: The Department of the
Treasury, Financial Management
Service published a document in the
Federal Register on Monday, December
28, 2009. That document inadvertently
contained incorrect dates in the rule.
This document corrects those dates.
DATES:
Effective on January 4, 2010.
Thomas Dungan, Senior Policy Analyst,
at (202) 874–6660, or Tricia Long,
Senior Counsel, at (202) 874–6680.
The
Department of the Treasury, Financial
Management Service published a
document in the Federal Register on
Monday, December 28, 2009 (74 FR
68537). That document inadvertently
contained incorrect dates in the rule.
This document corrects the dates set
forth in paragraph (d)(6) of § 285.2.
SUPPLEMENTARY INFORMATION:
List of Subjects in 31 CFR Part 285
Administrative practice and
procedure, Black lung benefits, Child
support, Claims, Credit, Debts,
Disability benefits, Federal employees,
Garnishment of wages, Hearing and
appeal procedures, Loan programs,
Privacy, Railroad retirement, Railroad
unemployment insurance, Salaries,
Social Security benefits, Supplemental
Security Income (SSI), Taxes, Veteran’s
benefits, Wages.
Accordingly, 31 CFR part 285 is
corrected by making the following
correcting amendment:
■
PART 285—DEBT COLLECTION
AUTHORITIES UNDER THE DEBT
COLLECTION IMPROVEMENT ACT OF
1996
1. The authority citation for part 285
continues to read as follows:
■
Authority: 5 U.S.C. 5514; 26 U.S.C. 6402;
31 U.S.C. 321, 3701, 3711, 3716, 3719,
3720A, 3720B, 3720D; 42 U.S.C. 664; E.O.
13019, 61 FR 51763, 3 CFR, 1996 Comp.,
p. 216.
[Corrected]
2. In § 285.2, remove ‘‘January 27,
2010’’ wherever it appears, and add, in
its place, ‘‘December 28, 2009’’.
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■
Dated: January 4, 2010.
David A. Lebryk,
Commissioner, Financial Management
Service.
[FR Doc. 2010–20 Filed 1–4–10; 4:15 pm]
BILLING CODE 4810–35–P
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Department of the Navy
32 CFR Part 724
[No. USN–2008–0009]
RIN 0703–AA86
Naval Discharge Review Board
FOR FURTHER INFORMATION CONTACT:
§ 285.2
DEPARTMENT OF DEFENSE
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of the Navy
amends its rules under 32 CFR Part 724
to reflect the name change of the Naval
Council of Personnel Boards to the
Secretary of the Navy Council of Review
Boards and to update other
administrative information pertaining to
the Naval Discharge Review Board.
DATES: This rule is effective January 6,
2010.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Tanya M. Cruz,
JAGC, U.S. Navy, Office of the Judge
Advocate General (Administrative Law),
Department of the Navy, 1322 Patterson
Ave., SE., Suite 3000, Washington Navy
Yard, DC 20374–5066, telephone: 703–
614–7403.
SUPPLEMENTARY INFORMATION: The
Department of the Navy published a
proposed rule at 74 FR 31222 on June
30, 2009, amending 32 CFR Part 724 to
reflect the name change of the Naval
Council of Personnel Boards to the
Secretary of the Navy Council of Review
Boards and to update other
administrative information pertaining to
the Naval Discharge Review Board,
including the administration and
management of Naval Discharge Review
Board (NDRB) Panels within the
National Capital Region (NCR) and other
selected sites. Comments were
submitted on the proposed rule.
Analysis of Comments and Changes
Comment. A commentator expressed
disagreement with the determination
that the proposed changes do not
constitute significant regulatory action,
stating that the proposed rule impacts
due process rights pertaining to the
NDRB. The Department disagrees with
this comment. The proposed rule does
not restrict any qualified applicant from
requesting the NDRB to conduct a
review of a discharge from the naval
service. The proposed rule amends
applicable regulations for purposes of
clarifying the administration and
management of the NDRB Panels within
the NCR and other selected sites. In
addition, the proposed rule updates
administrative information relating to
the Secretary of the Navy Council of
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Review Boards and the NDRB. The
proposed rule does not meet
requirements under Executive Order
12866, ‘‘Regulatory Planning and
Review,’’ to be considered a significant
regulatory action.
Comment. A commentator disagreed
with the proposed changes to 32 CFR
Parts 724.221, 724.222, 724.501, and
724.601, stating that the proposed
changes impair the possibility of
traveling boards. The Department
disagrees with this interpretation of the
proposed changes. The proposed rule
amends applicable regulations for
purposes of clarifying the
administration and management of
NDRB Panels within the NCR and other
selected sites. The current regulations
provide for the NDRB Panels to travel to
other selected sites within the
contiguous 48 states as permitted by
available resources. The current
regulations also provide that the
selection of sites and frequency of visits
shall be predicated on the number of
requests pending within a region. The
proposed rule is consistent with
applicable regulations and does not
eliminate the right to appear before the
NDRB. However, upon further
consideration, the Department has
decided not to adopt the changes as
proposed regarding NDRB traveling
panels under 32 CFR Parts 724.221,
724.222, 724.501 and 724.601.
Comment. A commentator sought
clarification under 32 CFR Part 724.504,
regarding the text ‘‘if required;’’
specifically, whether this text was
intended to modify ‘‘health record,’’ or
‘‘health record’’ and ‘‘service record.’’
The proposed change only pertains to
medical records. For purposes of clarity,
the text ‘‘if required’’ has been inserted
before the words ‘‘health records’’ in the
final rule.
The written comments received were
fully considered in making the final
amendments to 32 CFR Part 724. It has
been determined that this final rule
amendment is not a major rule within
the criteria specified in Executive Order
12866, as amended by Executive Order
13258, and does not have substantial
impact on the public.
Matters of Regulatory Procedure
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
Part 724 is not a significant regulatory
action. The rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
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Federal Register / Vol. 75, No. 3 / Wednesday, January 6, 2010 / Rules and Regulations
environment, public health or safety, or
state, local, or tribal governments or
communities;
(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of the recipients thereof; or
(4) raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that 32 CFR Part
724 does not contain a Federal Mandate
that may result in the expenditure by
State, local, and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–511. ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR Part
724 does not impose any reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Federalism (Executive Order 13132)
It has been certified that 32 CFR Part
724 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 724
For the reasons set forth in the
preamble, the Department of the Navy
amends 32 CFR Part 724 as follows:
PART 724—NAVAL DISCHARGE
REVIEW BOARD
1. The authority citation for Part 724
continues to read as follows:
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■
2. Section 724.116 is amended by
revising the section heading to read as
follows:
Counsel/Representative.
*
*
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*
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§ 724.201
Authority.
The Naval Discharge Review Board,
established pursuant to 10 U.S.C. 1553,
is a component of the Secretary of the
Navy Council of Review Boards. On
December 6, 2004, the Assistant
Secretary of the Navy (Manpower &
Reserve Affairs) approved the change in
name from Naval Council of Personnel
Boards to Secretary of the Navy Council
of Review Boards. By SECNAVINST
5730.7 series, the Assistant Secretary of
the Navy (Manpower and Reserve
Affairs) is authorized and directed to act
for the Secretary of the Navy within his/
her assigned area of responsibility and
exercises oversight over the Secretary of
the Naval Council of Review Boards.
SECNAVINST 5420.135 series states the
organization, mission, duties and
responsibilities of the Secretary of the
Naval Council of Review Boards to
include the Naval Discharge Review
Board. The Chief of Naval Operations
established the Office of Naval
Disability Evaluation and the Navy
Council of Personnel Boards on 1
October 1976 (OPNAVNOTE 5450 Ser
09b26/535376 of 9 Sep 1976 (Canc frp:
Apr 77)). The Chief of Naval Operations
approved the change in name of the
Office of Naval Disability Evaluation
and Navy Council of Personnel Boards
to Naval Council of Personnel Boards on
1 February 1977 (OPNAVNOTE 5450
Ser 099b26/32648 of 24 Jan 1977 (Canc
frp: Jul 77)) with the following mission
Statement:
To administer and supervise assigned
boards and councils.
[Amended]
5. Section 724.223 is amended in
paragraph (d) by removing ‘‘NCPB’’ and
adding ‘‘NDRB’’ in its place.
Subpart C—Director, Secretary of the
Navy Council of Review Boards and
President Naval Discharge Review
Board; Responsibilities in Support of
the Naval Discharge Review Board
6. The Subpart C heading is revised to
read as set forth above.
■ 7. Section 724.302 is amended as
follows:
■ a. The section heading is revised to
read as set forth below; and
■ b. Paragraph (h) is amended by
removing ‘‘Naval Council of Personnel
Boards’’ and adding ‘‘Secretary of the
■
Authority: 5 U.S.C. 301; 10 U.S.C. 1553.
*
3. Section 724.118 is amended by
removing ‘‘and medical’’ in the second
sentence.
■ 4. Section 724.201 is revised to read
as follows:
■
■
§ 724.116
[Amended]
■
§ 724.223
Administrative practice and
procedure, Archives and records, and
Military personnel.
■
§ 724.118
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747
Navy Council of Review Boards’’ in its
place.
§ 724.302 Functions: Director, Secretary of
the Navy Council of Review Boards.
*
*
§ 724.303
*
*
*
[Amended]
8. Section 724.303 is amended in
paragraph (e) by removing ‘‘5211.5C’’
and adding ‘‘5211.5 series’’ in its place.
■
§ 724.501
[Amended]
9. Section 724.501 is amended in
paragraph (e) by removing ‘‘withdrawn’’
and adding ‘‘withdraw’’ in its place.
■
§ 724.502
[Amended]
10. Section 724.502 is amended as
follows:
■ a. Paragraph (c) is amended by
removing ‘‘Suite 905—801 North
Randolph Street, Arlington, VA 22203’’
and adding ‘‘720 Kennon Ave SE., Suite
309, Washington, DC 20374–5023’’ in its
place; and
■ b. Paragraph (d) is amended by
removing ‘‘696–4881’’ and adding ‘‘685–
6600’’ in its place.
■
§ 724.504
[Amended]
11. Section 724.504 is amended in
paragraph (a) by adding ‘‘, if required,’’
prior to ‘‘health record.’’
■
§ 724.601
[Amended]
12. Section 724.601 is amended by
removing ‘‘Naval Council of Personnel
Boards’’ and adding ‘‘Secretary of the
Navy Council of Review Boards’’ in its
place.
■ 13. Section 724.701 is amended as
follows:
■ a. The introductory text is amended
by removing ‘‘Naval Council of
Personnel Boards’’ and adding
‘‘Secretary of the Navy Council of
Review Boards’’ in its place; and
■ b. Paragraph (c) is revised to read as
follows:
■
§ 724.701
Composition.
*
*
*
*
*
(c) Normally, at least three of the five
members of the NDRB shall belong to
the service from which the applicant
whose case is under review was
discharged.
*
*
*
*
*
■ 14. Section 724.703 is revised to read
as follows:
§ 724.703
Legal counsel.
Normally, the NDRB shall function
without the immediate attendance of
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
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Federal Register / Vol. 75, No. 3 / Wednesday, January 6, 2010 / Rules and Regulations
Counsel assigned to the Office of the
Director, Secretary of the Navy Council
of Review Boards. In addition, the
NDRB may request advisory opinions
from staff offices of the Department of
the Navy, including, but not limited to
the General Counsel and the Judge
Advocate General.
Dated: December 28, 2009.
A.M. Vallandingham,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. E9–31231 Filed 1–5–10; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0430]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Recurring Marine Events in the
Fifth Coast Guard District
Coast Guard, DHS.
Final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is amending
the list of recurring marine events
within the Fifth Coast Guard District.
These regulations make minor changes
to the regulated areas of two permitted
marine events listed in the table
attached to the regulation. These special
local regulations are necessary to
provide for the safety of life on
navigable waters during marine events.
This action will restrict vessel traffic in
portions of the Chesapeake Bay and
Assateague Channel, Virginia.
DATES: This rule is effective February 5,
2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0430 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0430 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
VerDate Nov<24>2008
14:05 Jan 05, 2010
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e-mail Dennis Sens, Project Manager,
Fifth Coast Guard District, Prevention
Division, 757–398–6204 or e-mail
Dennis.M.Sens@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 25, 2009, we published an
Interim final rule; request for comments
entitled Special Local Regulation for
Marine Events; Recurring Marine Events
in the Fifth Coast Guard District in the
Federal Register (74 FR 30220). We
received no comments on the interim
final rule. No public meeting was
requested and none was held.
Background and Purpose
Marine events are frequently held on
the navigable waters within the
boundary of the Fifth Coast Guard
District. For a description of the
geographical area of each Coast Guard
Sector—Captain of the Port Zone, please
see 33 CFR 3.25.
This regulation amends two marine
events listed in 33 CFR Part 100.501,
Table to § 100.501. They are event No.
20, The Great Chesapeake Bay Bridges
Swim Races and Chesapeake Challenge
One Mile Swim and event No. 42, Pony
Penning Swim.
Annually, the Great Chesapeake Bay
Swim, Inc. sponsors the ‘‘The Great
Chesapeake Bay Bridges Swim Races
and Chesapeake Challenge One Mile
Swim’’ on the waters of the Chesapeake
Bay near the William P. Lane Jr.
Memorial (Chesapeake Bay) Bridge. The
regulated area is a line that runs parallel
to both the north and south spans of the
bridge and includes the waters 500
yards north of the north span and 500
yards south of the south span of the
bridge. The regulated area listed in the
Table to § 100.501 for event No. 20 is
amended to describe the area as follows:
The waters of the Chesapeake Bay
between and adjacent to the spans of the
William P. Lane Jr. Memorial Bridge
shore to shore 500 yards north of the
north span of the bridge from the
western shore at latitude 39°00′36″ N,
longitude 076°23’53’’ W and the eastern
shore at latitude 38°59′14″ N, longitude
076°20′00″ W; and 500 yards south of
the south span of the bridge from the
western shore at latitude 39°00′16″ N,
longitude 076°24′30″ W and the eastern
shore at latitude 38°58′39″ N, longitude
076°20′10″ W. The regulated area as
described is amended to ensure the
safety of participants and support
vessels and in accordance with 33 CFR
100.501 will be enforced for the
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duration of the marine event. Due to the
need for vessel control during the event,
vessel traffic will be temporarily
restricted in this segment of the
Chesapeake Bay. Under provisions of 33
CFR 100.501, during the enforcement
period, vessels may not enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander. Vessel traffic may be
allowed to transit the regulated area
only when the Patrol Commander
determines it is safe to do so.
Annually, the Chincoteague Volunteer
Fire Department sponsors the ‘‘The
Pony Penning Swim’’ on the waters of
Assateague Channel that runs between
Chincoteague and Assateague Islands.
The regulated area includes the waters
of Assateague Channel from shoreline to
shoreline, bounded to the east by a line
drawn from latitude 37°55′00″ N,
longitude 075°22′45″ W, to latitude
37°54′47″ N, longitude 075°22′45″ W,
and to the south by a line drawn from
latitude 37°54′47″ N, longitude
075°22′45″ W, to latitude 37°54′47″ N,
longitude 075°23′04″ W. The regulated
area as described, is amended to ensure
the safety of participants, wildlife and
support vessels, and in accordance with
33 CFR 100.501 will be enforced for the
duration of the marine event. Due to the
need for vessel control during the event,
vessel traffic will be temporarily
restricted in this segment of Assateague
Channel. Vessels may not enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander.
Specific information on each event,
including the exact dates, times and
description of the regulated area, will be
provided to the public through a Local
Notice to Mariners published before the
event, as well as through Broadcast
Notice to Mariners. The public will also
be notified about these marine events by
local newspapers, radio and television
stations. The various methods of
notification provided by the Coast
Guard and local community media
outlets will facilitate informing mariners
so they can adjust their plans
accordingly.
Discussion of Comments and Changes
The Coast Guard did not receive any
comments in response to the interim
rule published in the Federal Register.
Accordingly, the Coast Guard is
establishing as permanent the interim
rule modifying the special local
regulations on the specified waters of
the Chesapeake Bay and Assateague
Channel, Virginia.
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]]>Agencies
[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Rules and Regulations]
[Pages 746-748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31231]
=======================================================================
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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 724
[No. USN-2008-0009]
RIN 0703-AA86
Naval Discharge Review Board
AGENCY: Department of the Navy, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy amends its rules under 32 CFR Part
724 to reflect the name change of the Naval Council of Personnel Boards
to the Secretary of the Navy Council of Review Boards and to update
other administrative information pertaining to the Naval Discharge
Review Board.
DATES: This rule is effective January 6, 2010.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Tanya M. Cruz,
JAGC, U.S. Navy, Office of the Judge Advocate General (Administrative
Law), Department of the Navy, 1322 Patterson Ave., SE., Suite 3000,
Washington Navy Yard, DC 20374-5066, telephone: 703-614-7403.
SUPPLEMENTARY INFORMATION: The Department of the Navy published a
proposed rule at 74 FR 31222 on June 30, 2009, amending 32 CFR Part 724
to reflect the name change of the Naval Council of Personnel Boards to
the Secretary of the Navy Council of Review Boards and to update other
administrative information pertaining to the Naval Discharge Review
Board, including the administration and management of Naval Discharge
Review Board (NDRB) Panels within the National Capital Region (NCR) and
other selected sites. Comments were submitted on the proposed rule.
Analysis of Comments and Changes
Comment. A commentator expressed disagreement with the
determination that the proposed changes do not constitute significant
regulatory action, stating that the proposed rule impacts due process
rights pertaining to the NDRB. The Department disagrees with this
comment. The proposed rule does not restrict any qualified applicant
from requesting the NDRB to conduct a review of a discharge from the
naval service. The proposed rule amends applicable regulations for
purposes of clarifying the administration and management of the NDRB
Panels within the NCR and other selected sites. In addition, the
proposed rule updates administrative information relating to the
Secretary of the Navy Council of Review Boards and the NDRB. The
proposed rule does not meet requirements under Executive Order 12866,
``Regulatory Planning and Review,'' to be considered a significant
regulatory action.
Comment. A commentator disagreed with the proposed changes to 32
CFR Parts 724.221, 724.222, 724.501, and 724.601, stating that the
proposed changes impair the possibility of traveling boards. The
Department disagrees with this interpretation of the proposed changes.
The proposed rule amends applicable regulations for purposes of
clarifying the administration and management of NDRB Panels within the
NCR and other selected sites. The current regulations provide for the
NDRB Panels to travel to other selected sites within the contiguous 48
states as permitted by available resources. The current regulations
also provide that the selection of sites and frequency of visits shall
be predicated on the number of requests pending within a region. The
proposed rule is consistent with applicable regulations and does not
eliminate the right to appear before the NDRB. However, upon further
consideration, the Department has decided not to adopt the changes as
proposed regarding NDRB traveling panels under 32 CFR Parts 724.221,
724.222, 724.501 and 724.601.
Comment. A commentator sought clarification under 32 CFR Part
724.504, regarding the text ``if required;'' specifically, whether this
text was intended to modify ``health record,'' or ``health record'' and
``service record.'' The proposed change only pertains to medical
records. For purposes of clarity, the text ``if required'' has been
inserted before the words ``health records'' in the final rule.
The written comments received were fully considered in making the
final amendments to 32 CFR Part 724. It has been determined that this
final rule amendment is not a major rule within the criteria specified
in Executive Order 12866, as amended by Executive Order 13258, and does
not have substantial impact on the public.
Matters of Regulatory Procedure
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR Part 724 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the
[[Page 747]]
environment, public health or safety, or state, local, or tribal
governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of the
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that 32 CFR Part 724 does not contain a
Federal Mandate that may result in the expenditure by State, local, and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-511. ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR Part 724 does not impose any
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35).
Federalism (Executive Order 13132)
It has been certified that 32 CFR Part 724 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 724
Administrative practice and procedure, Archives and records, and
Military personnel.
0
For the reasons set forth in the preamble, the Department of the Navy
amends 32 CFR Part 724 as follows:
PART 724--NAVAL DISCHARGE REVIEW BOARD
0
1. The authority citation for Part 724 continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. 1553.
0
2. Section 724.116 is amended by revising the section heading to read
as follows:
Sec. 724.116 Counsel/Representative.
* * * * *
Sec. 724.118 [Amended]
0
3. Section 724.118 is amended by removing ``and medical'' in the second
sentence.
0
4. Section 724.201 is revised to read as follows:
Sec. 724.201 Authority.
The Naval Discharge Review Board, established pursuant to 10 U.S.C.
1553, is a component of the Secretary of the Navy Council of Review
Boards. On December 6, 2004, the Assistant Secretary of the Navy
(Manpower & Reserve Affairs) approved the change in name from Naval
Council of Personnel Boards to Secretary of the Navy Council of Review
Boards. By SECNAVINST 5730.7 series, the Assistant Secretary of the
Navy (Manpower and Reserve Affairs) is authorized and directed to act
for the Secretary of the Navy within his/her assigned area of
responsibility and exercises oversight over the Secretary of the Naval
Council of Review Boards. SECNAVINST 5420.135 series states the
organization, mission, duties and responsibilities of the Secretary of
the Naval Council of Review Boards to include the Naval Discharge
Review Board. The Chief of Naval Operations established the Office of
Naval Disability Evaluation and the Navy Council of Personnel Boards on
1 October 1976 (OPNAVNOTE 5450 Ser 09b26/535376 of 9 Sep 1976 (Canc
frp: Apr 77)). The Chief of Naval Operations approved the change in
name of the Office of Naval Disability Evaluation and Navy Council of
Personnel Boards to Naval Council of Personnel Boards on 1 February
1977 (OPNAVNOTE 5450 Ser 099b26/32648 of 24 Jan 1977 (Canc frp: Jul
77)) with the following mission Statement:
To administer and supervise assigned boards and councils.
Sec. 724.223 [Amended]
0
5. Section 724.223 is amended in paragraph (d) by removing ``NCPB'' and
adding ``NDRB'' in its place.
Subpart C--Director, Secretary of the Navy Council of Review Boards
and President Naval Discharge Review Board; Responsibilities in
Support of the Naval Discharge Review Board
0
6. The Subpart C heading is revised to read as set forth above.
0
7. Section 724.302 is amended as follows:
0
a. The section heading is revised to read as set forth below; and
0
b. Paragraph (h) is amended by removing ``Naval Council of Personnel
Boards'' and adding ``Secretary of the Navy Council of Review Boards''
in its place.
Sec. 724.302 Functions: Director, Secretary of the Navy Council of
Review Boards.
* * * * *
Sec. 724.303 [Amended]
0
8. Section 724.303 is amended in paragraph (e) by removing ``5211.5C''
and adding ``5211.5 series'' in its place.
Sec. 724.501 [Amended]
0
9. Section 724.501 is amended in paragraph (e) by removing
``withdrawn'' and adding ``withdraw'' in its place.
Sec. 724.502 [Amended]
0
10. Section 724.502 is amended as follows:
0
a. Paragraph (c) is amended by removing ``Suite 905--801 North Randolph
Street, Arlington, VA 22203'' and adding ``720 Kennon Ave SE., Suite
309, Washington, DC 20374-5023'' in its place; and
0
b. Paragraph (d) is amended by removing ``696-4881'' and adding ``685-
6600'' in its place.
Sec. 724.504 [Amended]
0
11. Section 724.504 is amended in paragraph (a) by adding ``, if
required,'' prior to ``health record.''
Sec. 724.601 [Amended]
0
12. Section 724.601 is amended by removing ``Naval Council of Personnel
Boards'' and adding ``Secretary of the Navy Council of Review Boards''
in its place.
0
13. Section 724.701 is amended as follows:
0
a. The introductory text is amended by removing ``Naval Council of
Personnel Boards'' and adding ``Secretary of the Navy Council of Review
Boards'' in its place; and
0
b. Paragraph (c) is revised to read as follows:
Sec. 724.701 Composition.
* * * * *
(c) Normally, at least three of the five members of the NDRB shall
belong to the service from which the applicant whose case is under
review was discharged.
* * * * *
0
14. Section 724.703 is revised to read as follows:
Sec. 724.703 Legal counsel.
Normally, the NDRB shall function without the immediate attendance
of 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
[[Page 748]]
Counsel assigned to the Office of the Director, Secretary of the Navy
Council of Review Boards. In addition, the NDRB may request advisory
opinions from staff offices of the Department of the Navy, including,
but not limited to the General Counsel and the Judge Advocate General.
Dated: December 28, 2009.
A.M. Vallandingham,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. E9-31231 Filed 1-5-10; 8:45 am]
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