32 C.F.R. § 723.7

Action by the Secretary

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(a) General. The record of proceedings, except in cases finalized by the Board under the authority delegated in § 723.6(e), and those denied by the Board without a hearing, will be forwarded to the Secretary who will direct such action as he or she determines to be appropriate, which may include the return of the record to the Board for further consideration. Those cases returned for further consideration shall be accompanied by a brief statement setting out the reasons for such action along with any specific instructions. If the Secretary's decision is to deny relief, such decision shall be in writing and, unless he or she expressly adopts in whole or in part the findings, conclusions and recommendations of the Board, or a minority report, shall include a brief statement of the grounds for denial. See § 723.3(e)(4).

(b) Military Whistleblower Protection Act. The Secretary will ensure that decisions in cases involving the Military Whistleblower Protection Act are issued 180 days after receipt of the case and will, unless the full relief requested is granted, inform applicants of their right to request review of the decision by the Secretary of Defense. Applicants will also be informed:

(1) Of the name and address of the official to whom the request for review must be submitted.

(2) That the request for review must be submitted within 90 days after receipt of the decision by the Secretary of the Navy.

(3) That the request for review must be in writing and include:

(i) The applicant's name, address and telephone number;

(ii) A copy of the application to the Board and the final decision of the Secretary of the Navy; and

(iii) A statement of the specific reasons the applicant is not satisfied with the decision of the Secretary of the Navy.

(4) That the request must be based on the Board record; request for review based on factual allegations or evidence not previously presented to the Board will not be considered under this paragraph but may be the basis for reconsideration by the Board under § 723.9.

Notes of Decisions

Cited in 23 cases (4 in the last 5 years), 1967–2026 · leading case: Stewart v. Stackley

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Stewart v. Stackley (2017) dcd · cites it 3× “32 C.F.R. § 723.7 (a). If the Secretary decides to deny-relief, “such decision shall be in writing and, unless he or she adopts in whole or in part the findings, conclusions and recommendations of the Board, or a minority report, shall include a brief statement of the grounds…”

Strand v. United States (2020) cafc · cites it 2× “” 32 C.F.R. § 723.7 (a). “If the Secretary’s decision is to deny relief, such decision shall be in writing and, unless he or she ex- pressly adopts in whole or in part the findings, conclusions and recommendations of the Board, or a minority report, shall include a brief…”

Fuller v. Winter (2008) dcd · cites it 3× “To begin with, 32 C.F.R. § 723.7 broadly concerns “action by the Secretary.”

Michael Strickland v. United States (2005) cafc “See 32 C.F.R. § 723.7 (Secretary of the Navy); id.”

Stephanie CRAWFORD, Appellant, v. General Robert E. CUSHMAN, Jr., Commandant, United States Marine Corps, Appellee (1976) ca2 “32 C.F.R. § 723.7 (1975). Furthermore, appellant could have sought review after she was denied re-enlistment.”

Crager v. United States (1992) cc · cites it 4× “§ 1552 , 32 C.F.R. § 723.7 (1991), and NAVPERSMAN 3630900.”

Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine Corps (1981) ca3 “When an application is denied without a hearing the Board is required to issue a written opinion explaining the reasons for the denial along with all essential facts upon which the denial was based. Id. § 723.3(e). Although the decision of the BCNR is in the form of a…”

Edison W. Miller v. John F. Lehman, Jr. (1986) cadc “See also 32 C.F.R. § 723.7 (1985) (recommendations of the BCNR “will be forwarded to the Secretary of the Navy who will direct such action in each case as he determines to be appropriate .”

Kenneth Wayne Nelson v. Charles K. Miller, Captain, United States Navy, Etc. (1967) ca3 “32 C.F.R. § 723.7 . 15 . Eicks v. United States, 172 F.”

Turner v. Department of Navy (2003) cadc “32 C.F.R. § 723.7 (a). Turner then challenged the Secretary’s decision in district court.”

Steffan v. Cheney (1989) dcd “” 32 C.F.R. § 723.7 . Thus, even if the BCNR were persuaded that plaintiff’s resignation was *120 involuntary, only the Secretary of the Navy could reinstate him.”

Saal v. Middendorf (1977) cand “32 C.F.R. § 723.7 . In Champagne v. Schlesinger, 506 F.”

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