[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR15.3]



[Page 53-54]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 15_REPORTING RELATIONSHIPS FOR MILITARY COMMISSION PERSONNEL--Table 

of Contents

 

Sec.  15.3  Policies and Procedures.



    (a) Supervisory and performance evaluation relationships. 

Individuals appointed, assigned, detailed, designated or employed in a 

capacity related to the conduct of military commission proceedings 

conducted in accordance with 32 CFR part 9 and Military Order of 

November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-

Citizens in the War Against Terrorism,'' shall be subject to the 

relationships set forth in paragraphs (a)(1) through (a)(9) of this 

section. Unless stated otherwise, the person to whom an individual 

``reports,'' as set forth in paragraphs (a)(1) through (a)(9) of this 

section, shall be deemed to be such individual's supervisor and shall, 

to the extent possible, fulfill all performance evaluation 

responsibilities normally associated with the function of direct 

supervisor in accordance with the subordinate's Military Service 

performance evaluation regulations.

    (1) Appointing Authority: Any Appointing Authority designated by the 

Secretary of Defense pursuant to 32 CFR part 9 shall report to the 

Secretary of Defense in accordance with 10 U.S.C. 113(d).

    (2) Legal Advisor to Appointing Authority: The Legal Advisor to the 

Appointing Authority shall report to the Appointing Authority.

    (3) Chief Prosecutor: The Chief Prosecutor shall report to the 

Deputy General Counsel (Legal Counsel) of the Department of Defense and 

then to the General Counsel of the Department of Defense.

    (4) Prosecutors and Assistant Prosecutors: Prosecutors and Assistant 

Prosecutors shall report to the Chief Prosecutor and then to the Deputy 

General Counsel (Legal Counsel) of the Department of Defense.

    (5) Chief Defense Counsel: The Chief Defense Counsel shall report to 

the Deputy General Counsel (Personnel and Health Policy) of the 

Department of Defense and then to the General Counsel of the Department 

of Defense.

    (6) Detailed Defense Counsel: Detailed Defense Counsel shall report 

to the Chief Defense Counsel and then to the Deputy General Counsel 

(Personnel and Health Policy) of the Department of Defense.

    (7) Review Panel members: Members of the Review Panel shall report 

to the Secretary of Defense.

    (8) Commission members: Commission members shall continue to report 

to their parent commands. The consideration or evaluation of the 

performance of duty as a member of a military commission is prohibited 

in preparing effectiveness, fitness, or evaluation reports of a 

commission member.



[[Page 54]]



    (9) Other personnel: All other military commission personnel, such 

as court reporters, interpreters, security personnel, bailiffs, and 

clerks detailed or employed by the Appointing Authority pursuant to 32 

CFR 9.4(d), if not assigned to the Office of the Chief Prosecutor or the 

Office of the Chief Defense Counsel, shall report to the Appointing 

Authority or his designee.

    (b) Responsibilities of supervisory/reporting officials. Officials 

designated in this part as supervisory/reporting officials shall:

    (1) Supervise subordinates in the performance of their duties.

    (2) Prepare fitness or performance evaluation reports and, as 

appropriate, process awards and citations for subordinates. To the 

extent practicable, a reporting official shall comply with the rated 

subordinate's Military Service regulations regarding the preparation of 

fitness or performance evaluation reports and in executing related 

duties.