AUTHORITY: §§ 302.3 and 302.175 issued under sec. 2, 28 Stat. 672, 31 Stat. 141; 33 U.S.C. 151, 48 US.C. 495. E.O. 9083, 3 CFR Cum. Supp.

SOURCE: 302.3 and 302.175 contained in Regulations, Commandant, Sept. 17, 1945, 10 F.R. 11907.

§ 302.3 Modifications of general rule. Lines of demarcation have been established for the following, specific areas of inland waters on the Atlantic and Pacific coasts of the United States and Territory of Hawaii where the Inland Rules of the Road are to be followed; and inland waters of the United States bordering on the Gulf of Mexico where the Inland Rules of the Road or Pilot Rules for Western Rivers are to be followed.

TERRITORY OF HAWAII

§ 302.175 Mamala Bay. A line drawn from Barbers Point Lighthouse to Diamond Head Lighthouse.

Sec.

PART 332-PILOT RULES FOR WESTERN RIVERS

332.10a Visual signal. [Revised]

§ 332.10a Visual signal. All whistle signals shall be further indicated by a

Appendix A-Waivers of navigation and vessel inspection laws and regulations. [Note]

visual signal consisting of an amber colored light so located as to be visible all around the horizon for a distance of not less than one mile. This light shall be so devised that it will operate simultaneously and in conjunction with the whistle sounding mechanism, and remain ignited or visible during the same period as the sound signal: Provided, That the installation, use, or employment of the amber visual signal required by this section shall be optional in the case of (a) vessels operating upon the Gulf Intracoastal Waterway; (b) vessels operating on the Mississippi River below mile 237 AHP (Belmont Landing) as set forth in map No. 40, "Maps of the Mississippi River, Cairo, Illinois, to the Gulf of Mexico, Louisiana (1944 ed.)", published by the Mississippi River Commission; (c) newly constructed vessels while enroute from point of construction to a point in waters where the aforementioned amber visual signal is not required; (d) motorboats of Class A and Class 1; and -(e) motorboats of Class 2 and Class 3 not engaged in trade or commerce. (R. S. 4405, 4412, as amended; 46 U.S.C. 375, 381. E.O. 9083, 3 CFR Cum. Supp.) [Reg., Mar. 13, 1945; 10 F.R. 2835] APPENDIX A-WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS

NOTE: For the text of waivers of navigation and vessel inspection laws and regulations, see Appendix A to Chapter I of Title 46.

§ 9.6 Public land orders.

14.12 Mobile Personnel and Settlement Unit. [Added]

§ 14.12 Mobile Personnel and Settlement Unit. (a) The Officer-in-Charge, Mobile Personnel and Settlement Unit, subject to the limitation herein contained, is hereby designated to consider, ascertain, adjust and determine the claims of civilian employees of the Naval Establishment who are now, or have been, entitled to benefits under the Missing Persons Act (act of March 7, 1942, 56 Stat. 143, as amended) for loss of personal property provided for in the act of October 27, 1943 (57 Stat. 582), and to reimburse the claimant in kind out of available Government property or pay the amount determined to be due.

(b) This designation does not extend to the claims of civilian employees of the Naval Establishment who are returning to the United States for purposes other than rehabilitation or leave and is limited in each case to reimbursement in kind or payment of amounts stated as follows:

(1) $10.00 in the case of a claim of a native or non-citizen employee for items of wearing apparel.

(2) $50.00 in the case of a claim of an employee who is a citizen of the United States for items of wearing apparel.

(3) $150.00 in the case of a claim for other personal property including technical equipment and tools.

(c) Claims for losses of personal property in the case of United States citizen employees who are returning to the United States for purposes other than rehabilitation or leave, and claims in which the amount determined to be due exceeds the amount set forth herein,

do.. July 20, 1945. Aug. 8, 1945.

shall be forwarded to the Office of the Judge Advocate General of the Navy for adjudication as provided in this part. (56 Stat. 143, 57 Stat. 582; 34 U.S.C., Sup., 984-989, 50 U.S.C., App. Sup., 10011018) [Reg., Mar. 10, 1945, 10 F.R. 2759]

PART 21-BOARDS FOR THE REVIEW

OF DISCHARGES AND DISMISSALS OF FORMER PERSONNEL OF THE NAVY, MARINE CORPS, AND COAST GUARD [REVISED]

Sec.

21.1

21.2

21.3

21.4

21.5

General provisions; jurisdiction.
Procedure.

Action by the Board.

Review by the Secretary of the Navy.
The Panel.

21.6 The Board.
21.7 Representatives.
21.8 Correspondence; addressing of requests.
AUTHORITY: §§ 21.1 to 21.8, inclusive, issued
under 58 Stat. 284; 38 U.S.C. Sup., 693 et seq.

SOURCE: §§ 21.1 to 21.8, inclusive, contained in Regulations, Acting Secretary of the Navy, June 11, 1945, 10 F.R. 6982.

§ 21.1 General provisions; jurisdiction. (a) In accordance with the Secretary of the Navy's precept of July 22, 1944, the Navy Department Board of Review, Discharges and Dismissals, hereinafter known as the Board, has been established within the Navy Department to review, upon its own motion, or upon request by or on behalf of the individual former officer or enlisted man or woman, or if deceased, by the surviving spouse, next of kin or legal representative concerned, or if incompetent, by the guardian, the type and nature of discharge or dismissal certificate or other documentary evidence of discharge or dismissal of former members of the naval service, except a discharge or dismissal by reason of the sentence of a general

court-martial. This jurisdiction is construed to include every separation from the naval service, irrespective of the manner evidenced or brought about, except separations by reason of the sentence of a general court-martial.

(b) The scope of the review shall be to determine whether, under reasonable standards of naval law and discipline, the type and nature of the discharge or dismissal should be changed, corrected or modified, and, if so, to decide what change, correction or modification should be made.

(c) The Board has no authority to revoke any discharge or dismissal, to reinstate any person in the military service subsequent to his discharge or dismissal, or to recall any person to active duty.

§ 21.2 Procedure—(a) Request for review. (1) The petitioner should submit a written request for a review to the Board, with the certificate of discharge or dismissal in question, if available, and such other statements or affidavits as he desires to present.

(2) The request should state in brief: (i) The type of discharge or dismissal received; (ii) the full name, former rank or rating and the service or file number of the person whose discharge or dismissal is in question; (iii) the place to which any notices in connection with the review may be sent; (iv) the basis of the claim for review; (v) what action is desired of the Board; and (vi) whether the petitioner desires the review on basis of petition and accompanying papers or whether he desires to appear in person before the Board and/or be represented by counsel. (If counsel is desired, the petitioner should designate such counsel by name.)

(3) When the request for review is submitted by a surviving spouse, next of kin, legal representative or guardian, satisfactory evidence of the required relationship must be submitted.

(4) No request for review of a discharge or dismissal shall be valid unless filed within fifteen years after such discharge or dismissal or within fifteen years from June 22, 1944, whichever be the later.

(b) Review on own motion. (1) The Board shall not conduct a review on its own motion without first transmitting a written notice to the person concerned or, if such person is deceased, to his surviving spouse, next of kin, legal repre

(iii) By counsel.

(2) Upon application in person at the office of the Board of Review, the Board may furnish to a petitioner or his counsel such information from the official records pertaining to a discharge or dismissal as may be necessary in order to permit of a fair and impartial review. However, classified matter of the Navy Department will not be disclosed or made available to the applicant or his counsel. When it is necessary in the interests of justice to acquaint the applicant with the substance of such matter, the Board will obtain and make available to the petitioner or his counsel such summary of the classified matter as may be in the judgment of the Board relevant to the case and as will not be incompatible with the public interest.

(d) Counsel. The term "counsel," as used herein, shall include members of the bar in good standing and accredited representatives of veterans' organizations recognized by the Veterans' Administration under section 200 of the act of June 29, 1936 (Public Law 844, 74th Congress).

(e) Witnesses. (1) The Board shall require that all testimony be given under oath or by affirmation.

(2) Witnesses shall be subject to examination and/or cross-examination as appropriate, by the Members of the Board, the petitioner, his counsel, or by the Government Representative.

(3) The testimony of witnesses may be presented either in person or by affidavits.

(f) Expenses. No expense of any nature whatsoever incurred by the petitioner, his counsel, his witnesses, or by