Here are references to DUE PROCESS and PROCESS from the Constitution, USC Title 10, DOD and Navy Instructions.
USC Title 10
"(7) A restatement of the requirement that wounded, ill, and injured members of the Armed Forces may not be denied any due process protection afforded under applicable law or regulation of the Department of Defense or the Armed Forces.
DODI 1332.39, November 14, 96
E2. ENCLOSURE 2
SPECIAL INSTRUCTIONS AND EXPLANATORY NOTES
E2.1. GENERAL
E2.1.1. This enclosure is a supplement to the VASRD that contains principles
for rating disabilities where additional guidance or clarification is needed for
processing active duty and Reserve military disability cases.
DODD 1332.18, November 4, 1996
3.13. Service members referred for physical disability evaluation shall be afforded,
at appropriate stages of processing, comprehensive counseling on the significance of
the actions proposed and the related rights, entitlements, and benefits.
SECNAV INSTRUCTION 1850.4D
10002 Conclusion. The above information is only an overview of the disability evaluation
system. It is not intended as a comprehensive review of the system. Thousands of Sailors and
Marines go through the disability evaluation system each year. The physical disability
evaluation process can be confusing.
secnav.navy.mil/mra/CORB/Pages/PEB/
During the Physical Evaluation Board (PEB) phase Service members are allocated specific points in the process to review PEB decisions and elect for additional due process.
