32 C.F.R. § 723.11

Miscellaneous provisions

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(a) Expenses. No expenses of any nature whatsoever voluntarily incurred by the applicant, counsel, witnesses, or by any other person in the applicant's behalf, will be paid by the Government.

(b) Indexing of decisions. (1) Documents sent to each applicant and counsel in accordance with § 723.3(e)(5) and § 723.8(a)(4), together with the record of the votes of Board members and all other statements of findings, conclusions and recommendations made on final determination of an application by the Board or the Secretary will be indexed and promptly made available for public inspection and copying at the Armed Forces Discharge Review/Correction Boards Reading Room located on the Concourse of the Pentagon Building in Room 2E123, Washington, DC.

(2) All documents made available for public inspection and copying shall be indexed in a usable and concise form so as to enable the public to identify those cases similar in issue together with the circumstances under and/or reasons for which the Board and/or Secretary have granted or denied relief. The index shall be published quarterly and shall be available for public inspection and distribution by sale at the Reading Room located on the Concourse of the Pentagon Building in Room 2E123, Washington, DC. Inquiries concerning the index or the Reading Room may be addressed to the Chief, Micromation Branch/Armed Forces Discharge Review/Correction Boards Reading Room, Crystal Mall 4, 1941 Jefferson Davis Highway, Arlington, Virginia 22202.

(3) To the extent necessary to prevent a clearly unwarranted invasion of personal privacy, identifying details of the applicant and other persons will be deleted from the documents made available for public inspection and copying. Names, addresses, social security numbers and military service numbers must be deleted. Deletions of other information which is privileged or classified may be made only if a written statement of the basis for such deletion is made available for public inspection.

Notes of Decisions

Cited in 3 cases, 1984–1992 · leading case: Dzialo v. United States, 5 Cl. Ct. 554 (Ct. Cl. 1984).

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Dzialo v. United States, 5 Cl. Ct. 554 (Ct. Cl. 1984). “Upon its completion and dissemination, the advisory opinion of the CPEB was furnished to plaintiff’s counsel by letter dated August 18, 1982, in addition to the BCNR, in order to afford plaintiff an opportunity to submit a response to the BCNR.”

Bosch v. United States, 27 Fed. Cl. 250 (Fed. Cl. 1992). “( 32 C.F.R. § 723.11 (a) (1981)). The CPEB responded on August 12, 1982 that: the service medical records fully support the established diagnosis of personality disorder, a condition not constituting a physical disability.”

Miller v. Lehman, 603 F. Supp. 164 (D.D.C. 1985). “The Board, composed of civilian Navy Department executive employees, sought the Judge Advocate General’s advice on the Miller case, pursuant to *172 32 C.F.R. § 723.11 (a). In his response, the Judge Advocate General expressly limited himself to questions of legal error and…”

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