[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Rules and Regulations]
[Pages 62615-62616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25986]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 724

RIN 0703-AA64


Naval Discharge Review Board

AGENCY: Department of the Navy, DOD.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: This amendment reflects administrative changes made to the 
Department of the Navy's Naval Discharge Review Board regulations.

DATES: Effective October 19, 2000.

ADDRESSES: Office of the Judge Advocate General (Code 13), 1322 
Patterson Ave. SE, Suite 3000, Washington Navy Yard, DC 20374-5066.

FOR FURTHER INFORMATION CONTACT: Roger Claussen, Legal Advisor, Naval 
Council of Personnel Boards, 720 Kennon Street, SE, Room 309, 
Washington Navy Yard, DC 20374-5023. Phone: (202) 685-6399.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Department of the Navy amends 32 CFR part 724. This amendment provides 
notice that the Department of the Navy has made administrative changes 
to the Naval Discharge Review Board regulations. These changes are 
found in subparts A and B and reflect updated references, removal of a 
redundant information, a change in the number of days an applicant has 
to submit documents to the Board after notification that certain 
documents are unavailable to the Board from 30 to 60 days, and other 
administrative changes. It has been determined that invitation of 
public comment on this amendment would be impracticable and 
unnecessary, and it is therefore not required under the public 
rulemaking provisions of 32 CFR Part 336 or Secretary of the Navy 
Instruction 5720.45. Interested persons, however, are invited to 
comment in writing on this amendment. All written comments received 
will be considered in making subsequent amendments or revisions of 32 
CFR Part 724, or the instructions on which they are based. Changes may 
be initiated on the basis of comments received. Written comments should 
be addressed to Roger Claussen, Legal Advisor, Naval Council of 
Personnel Boards, 720 Kennon Street, SE, Room 309, Washington Navy 
Yard, DC 20374-5023. Phone: (202) 685-6399. It has been determined that 
this final rule is not a ``significant regulatory action'' as defined 
in Executive Order 12866.

Executive Order 13132, Federalism

    It has been determined that this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment. The

[[Page 62616]]

provisions contained in this rule will have little or no direct effect 
on States or local governments.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities for purposes of the Regulatory 
Flexibility Act (5 U.S.C. Chapter 6).

Paperwork Reduction Act

    This rule does not impose collection of information requirements 
for purposes of the Paperwork Reduction Act (44 U.S.C. Chapter 35, 5 
CFR Part 1320).

List of Subjects in 32 CFR Part 724

    Administrative pracatice and procedure, Archives and records, 
Court-martial, Military personnel, Naval discharge.

    For the reasons set forth in the preamble, amend part 724 of title 
32 of the Code of Federal Regulations as follows:

PART 724--NAVAL DISCHARGE REVIEW BOARD

    1. The authority citation for 32 CFR part 724 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. 1553.

PART 724--[AMENDED]

    2. In 32 CFR part 724, revise all references to ``he'' to read 
``he/she'', and revise all references to ``his'' to read ``his/her''.

    3. Revise 32 CFR 724.108, as follows:


Sec. 724.108  Administrative discharge.

    A discharge upon expiration of enlistment or required period of 
service, or 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 a general court-
martial.
    4-5. In 32 CFR 724.109, revise paragraph (a)(4)(ii) as follows:


Sec. 724.109  Types of administrative discharges.

    (a) * * *
    (4) * * *
    (ii) With respect to administrative matters outside the 
administrative separation system that require a characterization of 
service as Honorable or General, an Entry Level Separation shall be 
treated as the required characterization. An Entry Level Separation for 
a member of a Reserve component separated from the Delayed Entry 
Program is under honorable conditions.
* * * * *


Sec. 724.201  [Amended]

    5. In 32 CFR 724.201, remove the words ``SECNAVINST 5430.7L'' and 
add, in their place, the words ``SECNAVINST 5730.7 series'', and remove 
the words ``SECNAVINST 5420.135C'' and add, in their place, the words 
``SECNAVINST 5420.135 series''.


Sec. 724.210  [Amended]

    6. In 32 CFR 724.210(a)(2), remove the number ``30'' and add, in 
its place, the number ``60''.


Sec. 724.212  [Amended]

    7. In 32 CFR 724.212, remove and reserve paragraph (c).

    Dated: September 29, 2000.
C.G. Carlson,
U.S. Marine Corps, Alternate Federal Register Liaison Officer.
[FR Doc. 00-25986 Filed 10-18-00; 8:45 am]
BILLING CODE 3810-01-P