the Marine Corps. Oath to be be retired in like cases, in the same manner, and with the same (2) In case of an officer of the Marine Corps, the retiring board taken by mem bers. Oath to be taken by recorder. Oath to be taken by wit ness. SECTION 6.-FORM OF OATHS. 351. The following oaths shall be administered to members and recorders of examining and retiring boards and to witnesses before such boards: a. To members: U. S. You and each of you solemnly swear (or affirm) that you will honestly and impartially examine and report upon the case of Navy, now before the board and about to be examined. b. To recorder: You do solemnly swear (or affirm) that you will keep a true record of the proceedings of this board in the case of -------, now before the board and about to be examined. c. To witnesses: You do solemnly swear (or affirm) that you will make true answers to such questions as may be put to you in the case of examination by this board. -, now under Oath of Board of Selection for the Board of Selection for Retirement: Retirement. 352. The following oath shall be administered to members of Order for survey. Boards of medical survey. You and each of you solemnly swear (or affirm) that you will without prejudice or partiality, and having in view solely the special fitness of officers and the efficiency of the naval service, perform the duties imposed upon you by your appointment as a member of this board. Reports of sur vey. SECTION 7.-BOARDS OF MEDICAL SURVEY. 361. A survey may be ordered by the commander in chief of a fleet, the commandant of a station, the senior officer present, or by a division commander in a fleet, upon any officer or other person under his command, on the request of the senior medical officer of the ship or station where the person is serving. 362. (1) A board of medical survey shall consist, when practicable, of three medical officers. (2) If it be inconvenient to detail three officers, two will suffice. In extreme cases, or on board a ship on detached service, the survey may be held by the medical officer of the ship. 363. (1) Reports of medical surveys upon officers and enlisted men of the Navy shall be made in triplicate (through the commanding officer under whom the person surveyed is serving) to the officer ordering the survey, by whom they shall be acted on and transmitted direct to the Bureau of Medicine and Surgery for recommendation and further transmission to the Bureau of Navigation for final action. (2) Reports of medical surveys upon officers and enlisted men of the Marine Corps shall be made in like manner to the officer ordering the survey, by whom they shall be forwarded direct to further transmission to the commandant of the Marine Corps for 364. (1) Reports of medical survey shall be made in accord- Instructions ance with the prescribed form. A definite opinion as to the origin ports of medical for making reof disease or injury shall be given, and a statement made in every surveys. case of all facts and circumstances connecting the disease or injury with the performance of duty or exposure incident thereto. When no unfitness is found it will be sufficient to state the fact. When unfitness is found, and is regarded as temporary, the phrase "unfit for duty" shall be used; when permanent, the expression "unfit for service" shall be employed. The common name of the disease shall be used. Under the head of Recommendation" shall be given the contemplated disposition of the patient. (Art. R. 2902.) Whenever an enlisted man is sent to an insane asylum the next of kin shall be notified. 66 (2) In the case of an officer, the recommendation may be detachment either with sick leave or for hospital treatment; or, if the unfitness is judged to be temporary, the officer may be recommended for hospital treatment, with a view to his return to the station. If the disability be deemed permanent, it may be recommended that he be ordered before a retiring board. (3) Enlisted men shall be recommended to be sent to hospital for treatment, or to be discharged. Cases to be out delay. 365. (1) When a person surveyed within the United States or the waters thereof or contiguous thereto, including the Caribbean disposed of withSea and adjacent waters, is reported unfit for duty, and the report of the survey is approved by the officer ordering it, the recommendation of the board as approved shall be carried out as soon as practicable, except in cases involving discharge, travel, leave, or retirement, which shall be referred to the department. At training stations and on receiving ships the cases of recruits who are surveyed by boards of medical survey, shall be acted upon by the senior officer present, and the medical surveys, with report of action, shall be sent direct to the Bureau of Medicine and Surgery for further transmission to the Bureau of Navigation. (2) Final action upon medical surveys held outside of the limits defined in the preceding paragraph shall be taken by the senior officer present, except in cases of the retirement of officers or the discharge of persons enlisted in the United States. The reports of medical surveys shall be forwarded direct to the Bureau of Medicine and Surgery for further transmission to the Bureau of Navigation. Surveys on en- 366. When enlisted persons are condemned by medical survey in the United States owing to causes not incident to the service, listed men in the their transfer to another station or place for discharge shall not be recommended. of members. Procedure in of its members or the corps to which they belong, shall be regu- 405. Should the number of members named in the order con- Detail of orderly. Facts defined. Duties of presldent. 406. At the request of the president of the court, the commanding officer of the vessel, or commandant of the navy yard or station, on board of or at which the court is held, shall direct an orderly to attend upon its meetings and execute its orders. Duties of Judge advocate. 407. When a court is required to report facts, it is not to be understood that the bare record of the testimony is meant but also the result and conclusion of the court from hearing the evidence. 408. It is the duty of the president of a court of inquiry to administer the oath to the judge advocate and to the witnesses, to preserve order, to decide upon matters relating to the routine of business, and to adjourn the court from day to day, as, in his judgment, will be most convenient and proper for the transaction of the business before it; but should objection be made by any member of the court to an adjournment announced by the president, the question shall be submitted to and decided by the court. 409. It is the duty of a judge advocate of a court of inquirya. To summon all the witnesses required for the investigation, and to lay before the court a list of them. b. To administer the oath or affirmation to the members of the court, according to the form prescribed by article 58 of the Articles for the Government of the Navy (Art. R-58), and himself to take the oath or affirmation required by said article. Rule of assembling. c. To record the proceedings of the court under its direction and control, and to append original documents or authenticated copies thereof to the record. Precept and instractions to be read, d. To put the questions to the several witnesses. e. To assist the court in systematizing the information it may receive, to minute in the proceedings the opinion of the court, if called for; and to render to the court such assistance as will enable it to lay all the circumstances of the case before the convening authority in a clear and explicit manner. Parties introduced. f. In conjunction with the president of the court, to authenticate the proceedings by his signature. Whether open or closed court, how decided. SECTION 2.-METHOD OF PROCEDURE. 416. (1) Courts of inquiry shall assemble at the place and, as nearly as practicable, at the time named in the order convening them. (2) The court on first assembling is usually closed until the order constituting it, and the instructions contained therein, are read, and the original of said order shall be attached to the proceedings. (3) The mode of procedure having been decided upon by the court, the complainant (if there be one) and the defendant shall be called in, and the complaint or subject to be investigated shall be communicated to the accused party. (4) Whether the investigation shall be held in open court or not must depend on the nature of the matter to be examined, and, if not specified by the convening authority, shall be decided by the court. but the complainant or accuser (if there be any) may be allowed allowed to be present. (6) The parties before a court of inquiry, both the accuser and Counsel al- member. (7) A member of a court of inquiry may be challenged for Challenge of 417. (1) With the sanction of the convening authority, a court Employment (2) There being no form of oath fixed by statute, the follow- Oath to re a. "You, A. B., swear (or affirm) faithfully to perform the b. "You, A. B., swear faithfully and truly to interpret or translate in all cases in which you shall be required so to do between the United States and the party whose conduct is the subject of this inquiry." Oath terpreter. to in Defendant may be relieved from 418. (1) An officer whose conduct is to be investigated by a court of inquiry need not necessarily be held in detention for duty, but need that purpose. He may, however, if necessary, at his own request, not be arrested. be excused by his superior or commanding officer from attending to the particular duties of his position during such an investigation. May be pres Witnesses to be sworn. (2) It is the right of the defendant to be present at the investigation, although it is not obligatory upon him to take any part ent. in the inquiry, unless he prefers to do so. He can not, however, refuse to obey an order directing him to appear before the court. 419. (1) When the court is ready to proceed with the investigation, the witnesses shall be called before it separately, and the president of the court shall administer to each the oath (or affirmation) prescribed for witnesses before general courts-martial. (2) Witnesses shall be cautioned before giving their testimony to confine themselves to facts which are within their own knowl- to facts. edge. To speak only Testimony, (3) The testimony is to be taken down regularly, in writing, how recorded. and, as far as the nature of the case will admit, the same rule of procedure is to be followed as in general courts-martial. b. By the opposite party. c. By the court. (5) A court of inquiry is empowered to issue like process to compel civilian witnesses to appear and testify which United States courts of criminal jurisdiction within the State, Territory, or District where such court is ordered to sit may lawfully issue. (Art. R-4542.) 420. The evidence on the part of the prosecution is to be first taken, after which the defendant shall be asked if he has anything to offer on the subject or any evidence to produce. 421. (1) The defendant shall be allowed, if he so desires, to testify in his own behalf, but he may decline to answer any questions which may tend to criminate himself. (2) It is also optional with the defendant to abstain from putting any questions to witnesses, either on examination-inchief or on cross-examination; he is equally at liberty to decline making any statement to the court touching his alleged mis conduct. Order of examination of witnesses. Civilian wit nesses. Order in tak ing the evidence. nate himself. Defendant not called to crimi Privilege of defendant. |