SECNAVINST 1412.9B - Headquarters Marine Corps

SECNAVINST 1412.9B7 Feb 2006c. Basis for Delay. The appointment of an individual willbe delayed under this paragraph if:(1) An investigation is being conducted to determinewhether disciplinary action of any kind should be broughtagainst the individual.(2) Sworn charges against the individual have beenreceived by an officer exercising summary courts-martialjurisdiction over the individual and final action on suchcharges has not been determined.(3) The individual has been notified under theprovisions of reference (f) that he or she will be processed foradministrative separation for cause.(4) A criminal proceeding in a Federal or State court ispending against the individual.(5) There is cause to believe that the individual ismentally, physically, morally or professionally unqualified.(6) There is cause to believe that the individual doesnot meet the eligibility requirements set forth in thisinstruction, except for those which have been waived by CMC.d. Notification of Delay and Delay Procedures. Anappointment may not be delayed under this paragraph unless theindividual has been given written notice of the grounds fordelay by the officer exercising special courts-martialjurisdiction over the individual, CG MCRC, or by CMC. If it isimpractical to do so before the scheduled date of appointment,such written notice shall be given as soon as practicable. Theindividual shall acknowledge receipt of such notification inwriting. An individual whose appointment has been delayed shallbe afforded the opportunity to submit a written statement to CMCconcerning the delay. If the individual declines to make astatement, he or she shall submit a signed statement to thateffect. The notice of delay, the written acknowledgement ofreceipt of such notification, and the written statement shall beforwarded to CMC for decision via the officer exercising generalcourts-martial jurisdiction over the individual. CMC shalldetermine whether the officer is qualified for appointment.e. Limitation on Delay. An appointment may not be delayedmore than 90 days after the scheduled date of appointment. CMCmay ratify and extend this period of delay for good cause.7Enclosure (1)