[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: 32CFR47.6]



[Page 308-309]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 47_ACTIVE DUTY SERVICE FOR CIVILIAN OR CONTRACTUAL GROUPS--Table of 

Contents

 

Sec.  47.6  Procedures.



    (a) Submitting group applications. Applications on behalf of a 

civilian or contractual group shall be submitted to the Secretary of the 

Air Force using the instructions in appendix A to this part.

    (b) Processing group applications. (1) When received, the recorder 

shall review the application for sufficiency and either return it for 

more information or accept it for consideration and announce acceptance 

in the Federal Register.

    (2) The recorder shall send the application to the appropriate 

advisory panel for historical review and analysis.

    (3) When received, the recorder shall send the advisory panel's 

report to the applicant for comment. The applicant's comments shall be 

referred to the advisory panel if significant disagreement requires 

resolution. Additional comments from the historians also shall be 

referred to the applicant for comment.

    (4) The DoD Civilian/Military Service Board shall consider the group 

application, as established, in paragraph (a) and paragraphs (b) (1) 

through (3) of this section.

    (5) After the Secretary of the Air Force makes a decision, the 

recorder shall notify the applicant of the decision and announce it in 

the ``Federal Register.''

    (c) Submitting individual applications. When a group is recognized, 

individual members may apply to the appropriate Military Department or 

to the Coast Guard for discharge documents. Submit applications on DD 

Form 2168, ``Application for Discharge of Member or Survivor of Member 

of Group Certified to Have Performed Active Duty with the Armed Forces 

of the United States.'' An application on behalf of a deceased or 

incompetent member submitted by the next of kin must be accompanied by 

proof of death or incompetence.



 Appendix A to Part 47--Instructions for Submitting Group Applications 

                         Under Public Law 95-202



    A. In Submitting a Group Application: 1. Define the group to include 

the time period that your group provided service to the U.S. Armed 

Forces.

    2. Show the relationship that the group had with the U.S. Armed 

Forces, the manner in which members of the group were employed, and the 

services the members of the group provided to the Armed Forces.

    3. Address each of the factors in Sec.  47.4.

    4. Substantiate and document the application. (The burden of proof 

rests with the applicant.)

    B. Send Completed Group Applications To: Secretary of the Air Force 

(SAF/MRC), DoD Civilian/Military Service Review Board, Washington, DC 

20330-1000.



 Appendix B to Part 47--The DoD Civilian/Military Service Review Board 

                         and the Advisory Panel



                     A. Organization and Management



    1. The board shall consist of a president selected from the 

Department of the Air Force and one representative each from the OSD, 

the Department of the Army, the Department of the Navy, the Department 

of the Air Force, and the U.S. Coast Guard (when the group claims active 

Coast Guard service). Each member shall have one vote except that the 

president shall vote only to break a tie. The board's decision is 

determined by majority vote. The president and two voting members shall 

constitute a quorum.

    2. The advisory panel shall act as a nonvoting adjunct to the board. 

It shall consist



[[Page 309]]



of historians selected by the Secretaries of the Military Departments 

and, if required, by the Secretary of Transportation. The respective 

Military Departments and the DOT shall ensure that the advisory panel is 

provided with administrative and legal support.



                              B. Functions



    1. The board shall meet in executive session at the call of the 

president, and shall limit its reviews to the following:

    a. Written submissions by an applicant on behalf of a civilian or 

contractual group. Presentations to the board are not allowed.

    b. Written report(s) prepared by the advisory panel.

    c. Any other relevant written information available.

    d. Factors established in this part for determining AD service.

    2. The board shall return to the applicant any application that does 

not meet the eligibility criteria established in Sec.  47.4(a). The 

board only needs to state the reasons why the group is ineligible for 

consideration under this part.

    3. If the board determines that an application is eligible for 

consideration under Sec.  47.4(a), the board shall provide, to the 

Secretary of the Air Force, a recommendation on the AD service 

determination for the group and the rationale for that recommendation 

that shall include, but not be limited to, a discussion of the factors 

listed in Sec.  47.4.

    a. No factors shall be established that require automatic 

recognition. Neither the board nor the Secretary of the Air Force shall 

be bound by any method in reaching a decision.

    b. Prior group determinations made under Public Law 95-202 do not 

bind the board or the Secretary of the Air Force. The board and the 

Secretary of the Air Force fully and impartially shall consider each 

group on its own merit in relation to the factors listed in section D. 

of this Directive.