[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: 32CFR751.15]

[Page 426]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 751_PERSONNEL CLAIMS REGULATIONS--Table of Contents
 
               Subpart A_Claims Against the United States
 
Sec. 751.15  Reconsideration and appeal.

    (a) General. When a claim is denied either in whole or in part, 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 adjudicating authority within 6 months 
from the date the claimant receives notice of the initial adjudication 
of the claim. If a claimant requests reconsideration and if it is 
determined that the original action was erroneous or incorrect, it shall 
be modified and, when appropriate, a supplemental payment shall be 
approved. If full additional payment is not granted, the file shall be 
forwarded for reconsideration to the next higher adjudicating authority. 
The next higher adjudicating authority may be the commanding officer of 
the Naval Legal Service Office if a properly delegated subordinate has 
acted initially on the claim. For claims originally adjudicated by the 
commanding offer, the files will be forwarded to the Judge Advocate 
General for final action. The claimant shall be notified of this action 
either by letter or by copy of the letter forwarding the file to higher 
adjudicating authority. The forwarding letter shall include a synopsis 
of action taken on the file and reasons for the action or denial, as 
well as a recommendation of further action or denial.
    (b) Files forwarded to JAG. For files forwarded to JAG in accordance 
with Sec. 751.15(a), the forwarding endorsement shall include the 
specific reasons why the requested relief was not granted and shall 
address the specific points or complaints raised by the clamant's 
request for reconsideration.
    (c) Appeals procedure for claims submitted by Marine Corps 
personnel. Where any of the Marine Corps adjudication authorities listed 
in Sec. 751.8(b) fail to grant the relief requested, or otherwise 
resolve the claim the satisfaction of the claimant, the request for 
reconsideration shall be forwarded together with the entire original 
file and the adjudicating authority's recommendation, to the Judge 
Advocate General.