SECNAVINST 1412.9B - Headquarters Marine Corps

SECNAVINST 1412.9B7 Feb 2006b. Authority. The authority to delay original appointmentsas LDOs under this section is delegated to CMC. This authoritymay not be redelegated.c. Basis for Delay. The appointment of an individual maybe delayed under this section 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 (i) 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 doesnot meet the eligibility requirements set forth in thisinstruction, except for those which have been waived by the CMC.d. Notification of Delay and Delay Procedures(1) An appointment may not be delayed under thisparagraph unless the individual has been given written notice ofthe grounds for delay by the officer exercising special courtsmartialjurisdiction over the individual 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 for whom delay of appointment isrecommended under paragraph 9 of this paragraph shall beafforded the opportunity to submit a written statement to CMC(MMOA-3) concerning the delay. If the individual declines tomake a statement, he or she shall submit a signed statement tothat effect. The recommendation for delay, the written copy ofnotification, the written acknowledgment of receipt of suchnotification, and the written statement shall then be forwardedto CMC for decision via the officer exercising general courtsmartialjurisdiction over the individual.6Enclosure (3)