(2) Action by Secretary of Army. The record of proceedings of the Board, except in cases finalized by the Board under authority delegated in paragraph (f)(1)(v) of this section or those denied the Board without a hearing, will be forwarded to the Secretary of the Army who will direct such action in each case as he determines to be appropriate, which may include the return of the record to the Board for further consideration when deemed necessary. If the Secretary's decision is to deny relief, such decision shall be in writing and, unless he expressly adopts in whole or in part the findings, conclusions and recommendation of the Board, shall include a brief statement of the grounds for denial. See paragraph (c)(5)(v) of this section.

(3) Staff action. (i) Upon final action by the Secretary of the Army the complete record in each case will be returned to the Board. The Board will transmit the decision of the Secretary of the Army to The Adjutant General for appropriate action.

(ii) Upon receipt of the record of proceedings after final action by the Secretary of the Army, or by the Board acting under the authority contained in paragraph (f)(1)(v) of this section, the Board will communicate the decision to the applicant and counsel.

(a) If the recommendation of the Board was to deny relief or if the final decision of the Secretary or the Board was to deny relief, the following material will be made available to the applicant and counsel:

(1) A statement of the findings, conclusions and recommendations made by the Board;

(2) Any advisory staff opinions considered by the Board or the reviewing authority;

(3) The name and final vote of each Board member;

(4) Any minority reports; and

(5) Any material prepared by the Secretary of the Army as required in paragraph (f)(2) of this section. To the extent that any of the above material consists of classified or otherwise privileged matters, deletions may be made only if a written statement of the basis therefore is provided the applicant and counsel.

(b) If the final decision was other than to deny relief, the applicant and counsel are entitled, upon request, to receive a copy of the Board's findings, conclusions and recommendations.

(iii) When all necessary administrative action has been completed the applicant will be informed of such action by The Adjutant General.

(iv) Written notice specifying the action taken and the date thereof will be transmitted to the Chairman of the Board.

(v) The record of the decision of the Secretary of the Army will not be filed in the military records of the subject of the application where the effect of such action would be to nullify the relief granted.

(vi) After action by the Secretary of the Army on the record, the applicant or his counsel is entitled, upon request, to inspect the record of proceedings and to receive a copy of the Board's findings, conclusions, and recommendations, unless the Chairman considers that granting the request would be detrimental to the public interest.

(4) Reconsideration. After final adjudication, further consideration will be granted only upon presentation by the applicant of newly discovered relevant evidence not previously considered by the Board and then only upon recommendation of the Board and approval by the Secretary of the Army.

(g) Settlement of claims—(1) Authority. (i) The Department of the Army is authorized to pay claims in accordance with section 1552, title 10, United States Code.

(ii) The Department of the Army is not authorized to pay any claim theretofore compensated by Congress through enactment of a private law, or to pay any amount as compensation for any benefit to which the claimant might subsequently become entitled under the laws and regulations administered by the Administrator of Veterans Affairs.

(2) Application for settlement. (i) Settlement and payment of claims will be made only upon a claim of the person whose record has been corrected or of his legal representative, his heirs at law or his beneficiaries. Such claim for settlement and payment may

be filed as a separate part of the application for correction of the record.

(ii) In case the person whose record has been corrected is deceased, and where no demand is presented by a duly appointed legal representative of the estate, payments otherwise due shall be made to the surviving spouse, heir, or beneficiaries, in the order prescribed by the law applicable to that kind of payment; or if there is no such law covering order of payment, in the order set forth in section 2771 of title 10, United States Code; or as otherwise prescribed by the law applicable to that kind of payment.

(iii) Upon request, the applicant or applicants will be required to furnish requisite information to determine their status as proper parties to the claim for purposes of payment under applicable provisions of law.

(3) Settlement. (i) Settlement of claims shall be based on the decision of the Secretary of the Army. Computation of the amounts due shall be made by the Finance Center, U.S. Army, Indianapolis, Ind. 46249. In no case will the amount found due exceed the amount which would otherwise have been paid or have become due under applicable laws had no error or injustice occurred. Earnings received from civilian employment during any period for which active duty pay and allowances are payable will be deducted from the settlement. To the extent authorized by law and regulations, amounts found due may be reduced by the amount of any existing indebtedness to the Government, arising from military service.

(ii) Prior to or at the time of payment, the person or persons to whom payments are to be made shall be advised by the Finance Center, U.S. Army, as to the nature and amount of the various benefits represented by the total settlement, and shall be advised further that acceptance of such settlement shall constitute a complete release by the claimants involved of any claim against the United States on account of the correction of the record.

(4) Report of settlement. In every case where payment is made, the amount of such payment and the names of the payee or payees will be

reported to the Chairman of the Board.

(h) Miscellaneous-(1) Staff assistance. (i) At the request of the Board, The Adjutant General will assemble the original or certified copies of all available military records pertinent to the relief requested. Such records and all supporting papers will be transmitted to the Board.

(ii) The Board is authorized to call upon the Office of the Secretary of the Army and the Department of the Army General and Special Staffs for investigative and advisory services and upon any other Department of the Army agency for assistance, within the specialized jurisdiction of that agency.

(2) Expenses. No expenses of any nature whatsoever, voluntarily incurred by the applicant, his counsel, his witnesses, or by any other person in his behalf will be paid by the Government.

(3) Changes in procedures. The Board may initiate recommendations for such changes in procedures as established herein as may be considered necessary for the proper functioning of the Board. Such changes will be subject to the approval of the Secretary of the Army and of the Secretary of Defense.

(4) Index of Cases. Documents sent to each applicant and counsel in accordance with paragraphs (c)(5)(v) and (f)(3) of this section, together with the record of the votes of board members and all other statements of findings, conclusions and recommendations made on final determination of an application by the Board or the Secretary of the Army will be indexed and promptly made available for public inspection and copying at a reading room within the Washington, DC metropolitan area.

(i) The index prepared shall be in a usable and concise form so as to indicate the grounds for which the Board and/or Secretary granted or denied relief. This index shall be published quarterly and shall be distributed by sale or otherwise. In addition, it shall be available for inspection and distribution at the reading room in the Washington, DC area.

(ii) Deletions. To the extent necessary to prevent a clearly unwarranted

invasion of personal privacy, identifying details of the applicant and other persons will be deleted from the documents made available for public inspection and copying. Names, addresses, social security numbers and military service numbers must be deleted. Deletions of other information which may result in a clearly unwarranted invasion of personal privacy or which is privileged or classified may be made only if a written statement of the basis for such deletion is made available for public inspection.

(5) Special Standards. (i) Pursuant to the November 27, 1979 order of the United States District Court for the District of Columbia in Giles v. Secretary of the Army (Civil Action No. 77– 0904), a former Army servicemember is entitled to an honorable discharge if a less than honorable discharge was issued to the servicemember in an administrative proceeding in which the Army introduced evidence developed by or as a direct or indirect result of compelled urinalysis testing administered for the purpose of identifying drug abusers (either for the purposes of entry into a treatment program or to monitor progress through rehabilitation or follow-up).

(ii) Applicants who believe that they fall within the scope of paragraph (h)(5)(i) of this section, should place the word Category “G” in block (11), DD Form 149, Application for Correction of Military or Naval Record. Such applications shall be reviewed expeditiously by a designated official who will either send the individual an honorable discharge certificate if the individual falls within the scope of paragraph (h)(5)(i) of this section, or forward the application to the Discharge Review Board if the individual does not fall within the scope of paragraph (h)(5)(i) of this section. The action of the designated official shall not constitute an action or decision by the Board for the Correction of Military Records.

[35 FR 15992, Oct. 10, 1970, as amended at 42 FR 17442, Apr. 1, 1977; 45 FR 17990, Mar. 20, 1980; 46 FR 33518, June 30, 1981]

PART 583-FORMER PERSONNEL

§ 583.1 Appearances before command or agency of the Department of the Army.

(a) Notice of appearance. (1) Every individual who appears before any command, agency, or member of the Department of the Army or otherwise contacts in any manner such a command, agency, or member, for the purpose of representing himself, or a party other than the United States, with respect to any claim against the United States, sale to the United States, or other matter in relation thereto, shall be required to file with the command or agency a Notice of Appearance Before a Command or Agency of the Department of the Army (DA Form 1627) if—

(i) He is currently an officer or employee of the United States, and is not appearing pursuant to his assigned duties, unless such officer or employee is appearing or otherwise making contact in relation to a claim against the United States wherein the officer or employee has a personal legal or equitable interest (such as a claim for loss or damage of household goods).

(ii) He is a retired Regular Army officer who

(a) Is appearing for the purpose of selling to the United States through the Army; or

(b) Is appearing in a matter in which he personally participated as an officer of the United States while on active duty; or during the course of any subsequent employment with the United States; or

(c) Is appearing within 2 years after his retirement with respect to a claim against the Army; or within 1 year after his retirement or the termination of any subsequent employment with the United States, with respect to any matter which was within his official responsibility at any time within a 1-year period prior to his retirement, or the termination of any subsequent employment with the United States.

(iii) He is a former officer or employee of the United States, other than a retired Regular Army officer who

(a) Is appearing in a matter in which he personally participated as an officer or employee of the United States

while on active duty or in the employ of the United States; or

(b) Is appearing within 1 year after the termination of his active duty or employment with respect to any matter which was under his official responsibility as an officer or employee at any time within 1 year prior to such termination.

(iv) Although not himself falling within the categories of individuals described in paragraphs (a)(1)(i), (ii), or (iii) of this section, he has been, or will be aided, advised, or otherwise assisted in the matter in which he appears by an individual who falls within paragraph (a)(1) (i), (ii), or (iii) of this section, or is the partner of an officer or employee of the United States, including a special Government employee.

(v) It is believed by responsible officers of the agency or command that his appearance may otherwise be contrary to law or regulations.

(2) Except as may be specifically permitted in other regulations (e.g., see § 536.2(b) of this chapter), no officer, employee, or other member of the Department of the Army will knowingly discuss, negotiate, communicate, or otherwise deal with an individual who has not filed a Notice of Appearance as required by this section, with respect to any matter falling within the scope of this section, without the approval of the commanding officer of the agency, command, or installation concerned.

(3) If the individual desires, he may submit a statement or other documentary evidence in support of his Notice of Appearance. The Notice of Appearance and supporting documents will be submitted in duplicate and all copies signed by the individual concerned, or when applicable, certified over his signature as a true copy of the original.

(b) Responsibility of the individual. It is primarily the responsibility of the individual who seeks to act in a representative capacity to avoid activities that would violate Federal law or regulations. Accordingly, the provisions of this section or any action taken hereunder by any of the commands, agencies, or members of the Department of the Army will not constitute a "clearance," or "permission," or "waiver" in connection with an individual's repre

sentative activities which may be prohibited by Federal law or regulations.

(c) Filing Notice of Appearance. A Notice of Appearance should be filed on a case-by-case basis; however, in those instances deemed appropriate by the command or agency concerned, an individual may be allowed to file an annual Notice of Appearance in connection with multiple appearances during the year subsequent thereto. The individual will be advised that it is his responsibility to file a new or amended Notice of Appearance at any time during the year should circumstances change with respect to his qualifications to act in a representative capacity under this section either in connection with matters in general or in connection with a particular claim, sale or other matter.

(d) Investigations and reports. (1) An individual will not be permitted to appear for himself or another when

(i) The appearance of an individual who is currently an officer or employee, including a special Government employee, would constitute a violation of 18 U.S.C. 203 or 205, or be contrary to § 1.302-6 of this title (see §§ 579.33(b) and 579.34 of this chapter, and paragraph XIII. A, B, DoD Dir. 5500.7).

(ii) The appearance of a retired Regular Army officer would constitute a violation of 18 U.S.C. 207, 281, or 283, or 37 U.S.C. 801(c) as amended by 5 U.S.C. 59c (see § 579.36(a) of this chapter, and paragraph XIII.D, DoD Dir. 5500.7).

(iii) The appearance of a former officer or employee, other than a retired Regular Army officer, including a special Government employee, would constitute a violation of 18 U.S.C. 207 (see § 579.35 of this chapter, and paragraph XIII. B, C, DoD Dir. 5500.7).

(iv) The individual appearing has been, is, or will be, assisted, advised, or aided, in a manner contrary to law or regulation, by a person who would be precluded by one of the foregoing from himself appearing or otherwise participating (see 18 U.S.C. 2205).

(v) The individual is a partner of an officer or employee of the U.S. Government, including a special Government employee, and is appearing in connection with a particular matter in

which such officer or employee is participating or has participated upon behalf of the Government, or which is the subject of his official responsibility (see 18 U.S.C. 207(c)).

(vi) The appearance would otherwise be contrary to law or regulation.

(2) The commanding officer of the agency, installation or command involved will suspend further dealings with the individual involved in the event there is reasonable ground to believe one of the foregoing circumstances exists, based upon the Notice of Appearance, an independent investigation, or otherwise. An appropriate investigation of the circumstances will thereafter be made, if necessary, pursuant to AR 15-6. A report of investigation and one signed copy of the Notice of Appearance will be forwarded, together with the recommendation of the Head of Procuring Activity or major commander concerned, through appropriate channels to The Judge Advocate General, Attention: JAGL, Department of the Army, Washington, DC 20310.

(e) Determination of action. Further dealings with representatives will be suspended pending advice of The Judge Advocate General.

(Sec. 3012, 70A Stat. 157; 10 U.S.C. 3013) [32 FR 13279, Sept. 20, 1967]

(4) Adoption proceedings involving the children of soldiers.

(b) References. Required and related publications and prescribed and referenced forms are listed in appendix A.

(c) Explanation of abbreviations and terms. Abbreviations and special terms used in this regulation are explained in the glossary.

(d) Responsibilities. (1) The Deputy Chief of Staff for Personnel will set policy for processing

(i) Nonsupport complaints.
(ii) Child custody complaints.
(iii) Paternity claims.

(iv) Requests on adoption proceedings of children of soldiers.

(2) The Commanding General (CG), U.S. Army Community and Family Support Center (USACFSC) will—

(i) Set procedures for processing the following:

(A) Nonsupport complaints.
(B) Child custody complaints.
(C) Paternity claims.

(D) Requests regarding adoption proceedings of children of soldiers.

(ii) Process nonsupport complaints, child custody complaints, and paternity claims received at USACFSC regarding Army soldiers.

(iii) Carry out the objectives of this regulation to protect the rights of the soldier, the family, and the interests of the Army.

(iv) Advise and assist the heads of Headquarters, Department of the Army (HQDA) agencies, commanders of the major Army commands, and other commanders on matters pertaining to

(A) Nonsupport. (B) Child custody. (C) Paternity.

(D) Adoption proceedings of children of soldiers.

(3) Officers having general courtmartial jurisdiction will give special emphasis to the support of family