to the Chief of the Bureau of Medicine and Surgery, Navy Department, Washington, D.C. 20360. Applications for Navy and Marine Corps personnel records should be addressed to the Chief of Naval Personnel, Navy Department, Washington, D.C. 20370, or to the Commandant of the Marine Corps, Washington, D.C. 20380. Applications may be made in person or in writing.

§ 720.32 Certificates of full faith and credit.

The Judge Advocate General, the Deputy Judge Advocate General, or any Assistant Judge Advocate General is authorized to execute certificates of full faith and credit certifying the signatures and authority of officers of the Department of the Navy. § 720.33

Form for waiver of extradition. U.S. Navy (U.S. Marine Corps), having been advised of my rights to formal extradition as provided for in section 720.2 of these regulations by

§ 720.34 Form for delivery agreement. In consideration of the delivery of U.S. Navy (U.S.

to

Marine Corps),
(Name of person delivered)
at

for trial upon the charge of I hereby agree pursuant to the authority vested in me as that

(Name of person delivered) U.S. Navy (U.S. Marine Corps), will be transported to the State of without expense to him or the United States and that the Commanding Officer of the

will be notified immediately of the outcome of the trial and that the said will be returned

(Name of person delivered) to the or to such place as the Secretary of the Navy shall designate, or transportation issued thereto, without expense to the United States or to the person delivered immediately upon dismissal of the charges or completion of the trial in the event he is acquitted,

Part 721 implements the standards of conduct set forth in Part 40 of this title and governing all personnel in the Department of the Navy.

§ 721.2

Definition.

The term "naval personnel," as used in this part, includes all military and civilian personnel of the Department of the Navy, including non-appropriatedfund activities.

§ 721.3

Policy-general.

(a) All persons in the Department of the Navy, military and civilian, are enjoined to adhere strictly to the requirements of Part 40 of this title. In some instances, that part imposes standards which require the exercise of personal judgment. It is imperative that naval personnel consider each such instance carefully and be prepared to account for the manner in which that judgment is exercised. This is particularly true in situations which involve acceptance of hospitality or favors from persons who do, or seek to do, business with the Department of the Navy.

(b) Persons who represent the Government in business dealings with representatives of industry have positions of trust and grave responsibility which require them to observe the highest ethical standards. Practices which may be accepted in the private business world are not necessarily acceptable for naval personnel. Acceptance of favors, gratuities, or entertainment (no matter how innocently tendered or received)

from those who have or seek business dealings with the Department of the Navy may be a source of embarrassment to the Department and to the naval personnel involved, may affect the objective judgment of the recipient, and may impair public confidence in the integrity of business relations between the Department and industry.

(c) No person shall allow himself to be placed in a position in which a conflict of interests might arise or might justifiably be suspected. Such a conflict of interests may arise or appear to arise by reason of the acceptance of favors, gratuities, or entertainment of any kind, or by an other action which could influence or be reasonably interpreted as influencing the strict impartiality that must prevail in all business relationships in which the public interest is involved. Favors, gratuities, or entertainment bestowed upon members of the immediate household of naval personnel shall be considered in the same light as those bestowed upon naval personnel.

(d) Where there is a reasonable doubt as to the propriety of accepting favors, gratuities, or entertainment or of attending functions or accepting other invitations of a hospitable nature, naval personnel shall refrain therefrom.

(e) Special treatment shall not be accorded to particular individuals or firms unless equivalent treatment is also accorded to other individuals or firms justifiably entitled thereto.

§ 721.4 Statements of employment and financial interests.

Section 40.735-14 of this title requires the filing of statements of employment and financial interests by designated officers and employees, including special Government employees. Section 40.73512 of this title provides for the review of such statements, for counseling those required to file them, and for resolving any conflict or appearance of a conflict of interests. It is the policy of the Departiment of the Navy that initial evaluation and review should be accomplished by reviewing officials who are familiar with the actual duties and responsibilities of the officer or employee submitting the statement. When necessary, review should include inquiry and discussion which will permit resolution of problems at a supervisory level. The submission of statements is intended to make possible the discovery and resolution of existing conflicts, if any, and to provide information to supervisory personnel so

(a) The Under Secretary of the Navy is assigned overall responsibility for action relating to standards of conduct of naval personnel. Pursuant to §§ 40.735-12 (c) (2) (ii) and (iii) and 40.735-14 (c) and (f) of this title, the Under Secretary of the Navy shall act as the designee of the Secretary, with the power to redelegate, for the purposes of (1) resolution of conflicts or apparent conflicts in statements of employment and financial interests not already resolved, (2) exclusion from the requirement to file statements of employment and financial interests, and (3) extension of time in excess of 30 days for the submission of such statements.

(b) The Judge Advocate General and the General Counsel of the Navy are designated as the counselors for the Department of the Navy, pursuant to § 40.735-12(c) (1) of this title. They shall provide legal advice, within their respective areas of jurisdiction, with regard to any questions which may arise under this part and Part 40 of this title. The General Counsel shall be consulted concerning statements submitted by officers and employees whose duties include, to a significant extent,

(1) Those described in § 40.735-14(a) (4) of this title.

(2) Property disposition, or

(3) Other matters under the assigned jurisdiction of the Genera! Counsel (SecNav Instruction 5430.25 series; also outlined in the pertinent paragraph of the U.S. Government Organization Manual; e.g., page 179 of the 1967-68 edition). The Judge Advocate General shall be consulted with regard to statements submitted by all other officers and employees.

(c) The following are designated as deputy counselors pursuant to § 40.73512(b) of this title and shall be responsible for providing advice and assistance on matters relating to conduct and conflicts of interest and for providing legal review of statements of employment and financial interests which are referred to them:

(1) Within the cognizance of the General Counsel, and in their respective commands or organizations:

Deputy General Counsel (Property). Assistant to the General Counsel (Litigation and Legislation).

Counsel for the Commandant of the Marine Corps.

Counsel for the Systems and Facilities Engineering Commands.

Counsel for the Comptroller of the Navy. Counsel for the Bureau of Naval Personnel. Counsel for the Military Sea Transportation Service.

Counsel for the Office of Naval Research. Counsel in charge of OGC (Office of the General Counsel) Field or Branch Offices.

(2) Within the cognizance of the Judge Advocate General, and in their respective commands or organizations:

Deputy and Assistant Judge Advocate General.

Officer and civilian attorneys under the supervision of the Judge Advocate General and assigned to the commands, bureaus, and offices of the Navy Department located at the seat of the Government, other than the Office of the Judge Advocate General.

District Legal Officers.

Staff or Force Legal Officers of area commands of the Navy and Marine Corps.

Staff or Force Legal Officers on the staffs of all other commands having general courtmartial convening authority.

Other deputy counselors may be designated by the General Counsel or by the Judge Advocate General as required.

(d) Each officer or civilian employee of the Navy or Marine Corps required by § 40.735-14 of this title to submit a statement of employment and financial interests shall forward his statement in the prescribed form to the superior officer having responsibility for signing his Fitness Report or to the superior official having responsibility for reviewing his Performance Rating. (The term “appropriate supervisor" is used in this section to refer to such superior officer or official, as appropriate.) In each such case, the appropriate supervisor shall evaluate the statement, in accordance with the standards provided by Part 40 of this title, to determine whether a conflict or apparent conflict of interests is disclosed. He shall append his written evaluation to the statement of the officer or employee and shall forward the statement and his evaluation thereof to the cognizant legal officer or civilian attorney designated as a deputy counselor under paragraph (c) of this section for legal review in accordance with § 40.735-12(b) of this title. Whenever practicable, deputy counselors should provide advice and assistance in their respective areas of responsibility as defined in paragraph (b) of this section. Where this is impracticable, however, due to such factors as physical inaccessibility or uncertainty

of jurisdiction, they should render all possible assistance whenever consulted, and then seek to direct the matter into the proper area of responsibility. I both the appropriate supervisor and the deputy counselor agree that the statement discloses no conflict or apparent conflict of interests, the statement shall be filed in the office of the appropriate supervisor. When either the appropriate supervisor or the deputy counselor believes that a statement of employment and financial interests discloses a conflict or apparent conflict of interests, the officer or employee concerned shall be afforded an opportunity to explain the conflict or apparent conflict in writing. If both the appropriate supervisor and the deputy counselor are satisfied that there is no conflict or apparent conflict, the matter shall be filed as provided in this paragraph. Otherwise a copy of the record shall be retained in the office of the appropriate supervisor and the entire original record shall be forwarded via the commanding officer or head of the unit, who shall place his comments and recommendation thereon and forward directly:

(1) To the Chief of Naval Personnel, in the case of a naval officer;

(2) To the Commandant of the Marine Corps, in the case of an officer of the Marine Corps; or

(3) To the Director, Civilian Manpower Management, in the case of a civilian employee.

The departmental official thus receiving the record shall refer it to a cognizant deputy counselor for legal review and advice. Cases which cannot be resolved by the Chief of Naval Personnel, the Commandant of the Marine Corps, or the Director, Civilian Manpower Management, as appropriate, shall be forwarded to the Under Secretary of the Navy, via the cognizant departmental counselor, for final resolution. Cases referred to the Department for review shall, when finally resolved, be filed in the Bureau of Naval Personnel, Marine Corps Headquarters, or the Office of the Director, Civilian Manpower Management, as appropriate, with information to the originating activity concerning the ultimate disposition of the case.

(e) Care shall be exercised, in the handling of statements of employment and financial interests, that they will be seen only by personnel on a need-toknow basis.

(f) In connection with each Fitness Report or Performance Rating with respect to officers or civilian employees described in § 40.735-14(a) (3) and (4) of this title, the appropriate supervisor shall review the billet or position as required by § 40.735-14 (b) of this title, and shall determine whether the duties and responsibilities of the position are such as to require the individual to file a statement of employment and financial interests. He shall cause his determination to be recorded in the individual's billet or position description and in the individual's local personnel record. Such determinations will be reviewed at least annually. An officer or employee who is transferred from one position to another within the Department of the Navy shall be responsible for furnishing a current statement to his new appropriate supervisor if he is required to file such a statement in that position. Any individual who believes that his position has been improperly included in category (3) or (4) may request a review of the decision requiring him to file a statement through the established grievance or complaint procedure of the Department.

(g) For the purpose of § 40.735-14(a) (4) (i) of this title entitled "Contracting or Procurement," reports will be required only from persons who sign contracts or those, at higher levels, who have overall responsibility for the entire transaction. This includes but is not limited to heads of procuring activities, directors of contracting divisions, personnel engaged in business clearance of contracts, and others performing comparable functions.

(h) Each officer and employee who previously filed a statement of employment and financial interest and who, pursuant to Parts 40 and 721 of this title, is still required so to do, shall file an annual supplementary statement prior to January 31, 1968, reporting, as of September 30, 1967, the information referred to in § 40.735-14(i) of this title. Similarly, personnel required for the first time to file statements of employment and financial interest shall do so prior to January 31, 1968, as of September 30, 1967. Thereafter, changes or additions will be reported in a supplementary statement to be filed on June 30 of each year.

(i) In clarification of the instructions on the reverse side of the Confidential Statement of Employment and Financial Interests (DD Forms 1555 and

(j) With respect to the disqualification procedure set forth in § 40.73515(a) (4) of this title, the official in the Department of the Navy authorized to make a determination pursuant to title 18, United States Code, section 208(b), shall be the head of the command, bureau, office, or activity to which the officer or employee concerned is assigned for duty. The same official is designated as the official to whom reports concerning acceptance of gratuities shall be made pursuant to § 40.735–5(b) (4) of this title.

(k) The Comptroller of the Navy shall advise all Regular Navy retired officer personnel of the continuing requirement for submitting a Statement of Employment and provide DD Form 1357 for that purpose. The Commandant of the Marine Corps shall provide similar assistance to Regular Marine Corps retired officer personnel.

(1) The Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate, shall provide all Regular officer personnel retiring hereafter with instructions for filing DD Form 1357 within 30 days after retiring and as their employment status changes.

(m) The Comptroller of the Navy or the Commandant of the Marine Corps, as appropriate, is responsible for review of all Statements of Employment filed by retired officers of the Regular Navy and Marine Corps to insure compliance with applicable laws and regulations.

(n) The Director, Civilian Manpower Management, shall incorporate the provisons of Part 40 of this title concerning civilian employees in appropriate Navy Civilian Personnel Instructions.

(0) All chiefs and heads of commands, bureaus, and offices, and all commanding officers, shall disseminate this part within their organizations or commands, shall insure that naval personnel within their organizations or commands are familiar with its provisions, and shall arrange for informing new personnel of its provi

sions. Periodically, they shall utilize the opportunity afforded by staff meetings to direct attention to the policies set forth in this part, and they shall bring these policies to the attention of all personnel at least semiannually.

(p) The Chief of Naval Material is responsible for bringing the contents of this part to the attention of the principal officer of each contractor doing significant business with the Navy. Chiefs and heads of commands, bureaus, and offices, commanding officers, and other senior officials shall periodically utilize the opportunity afforded by conferences with representatives of industry to direct attention to the policies set forth in this part.

(q) Corrective measures, including disciplinary action when appropriate, shall be taken whenever it is determined that there has been a violation of this part.

[31 F.R. 9271, July 7, 1966, as amended at 32 F.R. 20719, Dec. 22, 1967; 35 F.R. 10006, June 18, 1970]

§ 721.6 Availability of forms.

Supplies of DD Form 1555 and DD Form 1555-1 are available in Forms and Publications Segment of the Navy Supply System under Stock Nos. 0101-895-5000 and 0101-895-5100, respectively. Naval personnel required to submit statements should obtain copies of the requisite reporting form from within their local commands or organizations.

[35 F.R. 10007, June 18, 1970]

correction of Navy and Marine Corps records (referred to in this part as naval records) by the Secretary of the Navy acting through the Board for Correction of Naval Records (hereinafter referred to in this part as the Board).

(b) Authority. Section 131 of the Legislative Reorganization Act of 1946 (2 U.S.C. 190g) provides that no private bill or resolution, and no amendment to any bill or resolution, authorizing or directing the correction of military or naval records, shall be received or considered in either the Senate or the House of Representatives. Section 207 of the same Act, as amended, and as re-enacted and codified in 10 U.S.C. 1552, provides:

(a) The Secretary of a military department, under procedures established by him and approved by the Secretary of Defense, and acting through boards of civilians of the executive part of that military department, may correct any military record of that department when he considers it necessary to correct an error or remove an injustice. Under procedures prescribed by him, the Secretary of the Treasury may in the same manner correct any military record of the Coast Guard. Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States.

(b) No correction may be made under subsection (a) unless the claimant or his heir or legal representative files a request therefor before October 26, 1961, or within three years after he discovers the error or injustice, whichever is later. However, & board established under subsection (a) may excuse a failure to file within three years after discovery if it finds it to be in the interest of justice.

(c) The department concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be. If the claimant is dead, the money shall be paid, upon demand, to his legal representative. However, if no demand for payment is made by a legal representative, the money shall be paid—

(1) To the surviving spouse, heir, or beneficiaries, in the order prescribed by the law applicable to that kind of payment;

(2) If there is no such law covering order of payment, in the order set forth in section 2771 of this title; or

(3) As otherwise prescribed by the law applicable to that kind of payment. A claimant's acceptance of a settlement under this section fully satisfies the claim concerned. This section does not authorize