The member shall be personally interviewed by a chaplain, if one is reasonably
available, who shall submit a written opinion as to the nature and basis of the member's
sincerity and depth of conviction. The chaplain's report shall include the reasons for its
The member will be interviewed by a psychiatrist who shall submit a written report of
psychiatric evaluation indicating the presence or absence of any psychiatric disorder
which would warrant treatment or disposition through medical channels, or such
character or personality disorder as to warrant recommendation for appropriate
administrative action. This opinion and report will become part of the case file.
If the applicant refuses to participate, is not cooperative or is unresponsive in the course
of these interviews, this fact will be included in the statement and reports filed by the
chaplain and psychiatrist.
The commanding officer, or appropriate superior in the chain of command (Convening
Authority), shall appoint an officer in the grade of lieutenant (0-3) or higher to
investigate the member's claim. The investigating officer shall not be in the chain of
command of the member. The investigating officer will conduct a hearing on the
application. Guidance for the investigating officer is provided in enclosure (1) of this
The investigating officer's report, along with the individual's application, the reports of
the chaplain and psychiatrist, evidence received at the hearing, and any other items
submitted by the member in support of the case, will constitute the record. The
investigating officer's conclusions and recommended disposition will be based on the
entire record and not merely on the evidence produced at the hearing. A copy of the
record will be furnished to the member at the time it is forwarded to the convening
authority, and the member will be informed of the right to submit a rebuttal to the
report. This rebuttal must be submitted to the convening authority within two weeks of
the member's receipt of the record.
The record of the case shall be submitted to the convening authority who will review the
record for completeness and legal sufficiency. The case may be returned to the
investigating officer for further investigation. When the record is complete, the
convening authority shall forward it with a personal recommendation for disposition,
through the chain of command, to Commandant (G-PO) or (G-PE).