[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR865.111]

[Page 186-187]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 865_PERSONNEL REVIEW BOARDS--Table of Contents
 
               Subpart B_Air Force Discharge Review Board
 
Sec. 865.111  Response to items submitted as issues by the applicant.

    (a) If an issue submitted by an applicant contains two or more 
clearly separate issues, the DRB should respond to each issue under the 
guidance of this section as if it had been set forth separately by the 
applicant.
    (b) If an applicant uses a ``building block'' approach (that is, 
setting forth a series of conclusions on issues that lead to a single 
conclusion purportedly warranting a change in the applicant's 
discharge), normally there should be a separate response to each issue.
    (c) This section does not preclude the DRB from making a single 
response to multiple issues when such action would enhance the clarity 
of the decisional document, but such response must reflect an adequate 
response to each separate issue.
    (d) An item submitted as an issue by an applicant in accordance with 
this regulation shall be addressed as a decisional issue under Sec. 
865.112 of this subpart in the following circumstances:
    (1) When the DRB decides that a change in discharge should be 
granted, and the DRB bases its decision in whole or in part on the 
applicant's issue; or
    (2) When the DRB does not provide the applicant with the full change 
in discharge requested, and the decision is based in whole or in part on 
the DRB's disagreement with the merits of an issue submitted by the 
applicant.
    (e) If the applicant receives the full change in discharge requested 
(or a more favorable change), that fact shall be noted and the basis 
shall be addressed as a decisional issue even if that basis is not 
addressed as an issue by the applicant. No further response is required 
to other issues submitted by the applicant.
    (f) If the applicant does not receive the full change in discharge 
requested with respect to either the character of or reason for 
discharge (or both), the DRB shall address the items submitted by the 
applicant unless one of the following responses is applicable:
    (1) Duplicate issues. The DRB may state that there is a full 
response to the issue submitted by the applicant under a specified 
decisional issue. This respose may be used only when one issue clearly 
duplicates another or the issue clearly requires discussion in 
conjunction with another issue.
    (2) Citations without principles and facts. The DRB may state that 
any issue, which consists of a citation of a previous decision without 
setting forth any principles and facts from the decision that the 
applicant states are relevant to the applicant's case, does not comply 
with the requirements of Sec. 865.106(g)(1) of this part.
    (3) Unclear issues. The DRB may state that it cannot respond to an 
item submitted by the applicant as an issue because the meaning of the 
item is unclear. An issue is unclear if it cannot be understood by a 
reasonable person familiar with the discharge review process after a 
review of the materials considered under Sec. 865.110(d) of this 
subpart.
    (4) Nonspecific issues. The DRB may state that it cannot respond to 
an item submitted by the applicant as an issue because it is not 
specific. A submission is considered not specific if a reasonable person 
familiar with the discharge review process after a review of the 
materials considered under Sec. 865.110(d), cannot determine the 
relationship between the applicant's submission and the particular 
circumstances of the case. This response may be used only if

[[Page 187]]

the submission is expressed in such general terms that no other response 
is applicable. For example, if the DRB disagrees with the applicant as 
to the relevance of matters set forth in the submission, the DRB 
normally will set forth the nature of the disagreement under the 
guidance in Sec. 865.112 of this subpart with respect to decisional 
issues, or it will reject the applicant's position on the basis of Sec. 
865.111(f)(1) or Sec. 865.111(f)(2). If the applicant's submission is 
so general that none of those provisions is applicable, then the DRB may 
state that it cannot respond because the item is not specific.