[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR726.4]

[Page 279-280]
 
                       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. 726.4  Procedures for convening competency boards.

    (a) Competency Board. (1) The commanding officer of the cognizant 
naval 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 a patient in the naval medical 
facility may be incapable of handling his affairs. The board will be 
convened in accordance with chapter 18, Manual of the Medical 
Department. The board may include members of the Reserve components on 
active or inactive duty. When active duty Navy or Marine corps members 
are hospitalized in nonnaval medical facilities, the regional Naval 
Office of the Medical/Dental Affairs will ensure compliance with chapter 
18.
    (2) The Judge Advocate General or his designee may direct the 
commanding officer of any naval medical facility, or request the 
commanding officer of another service medical facility or administrator 
of a Department of Veterans Affairs medical facility, to convene a board 
in accordance with this section to determine the mental capability of a 
member to manage his affairs.
    (3) A finding of restoration of competency or capability to manage 
personal and financial affairs may be accomplished in the same manner 
specified in chapter 18, Manual of the Medical Department, except that 
the board may consist of one or two medical officers or physicians, one 
of whom must be a psychiatrist.
    (4) At least one officer on the board, preferably the psychiatrist, 
will personally observe the member and ensure

[[Page 280]]

that the member's medical record, particularly that portion concerning 
his mental health, is accurate and complete.
    (5) The requirement for the competency board is in addition to and 
separate from the medical board procedures. Each board member will sign 
the report of the board and will certify whether the member is or is not 
mentally capable of managing his affairs. After approval by the 
convening authority, the original board report is forwarded to the Judge 
Advocate General.
    (b) Records. (1) The convening authority will forward the original 
of each board report to the Judge Advocate General, Department of the 
Navy, 200 Stovall Street, Alexandria, VA 22332-2400.
    (2) In the case of a finding that a member is not mentally capable 
of managing his affairs, the forwarding endorsement will set forth the 
name, relationship, address, and telephone number(s), of the member's 
next of kin and any other data to help identify a prospective trustee.