14 U.S.C. § 2534 — Review of discharge characterization
submitted 1 year ago by Pub. L. 119-60 to r/title-14-COAST-GUARD · 500 words · no verdicts yet
A review board may, in specified circumstances, change an honorable Coast Guard discharge to a general discharge after clear and convincing proof of sexual assault or harassment. The former member has specified rights to notice, records, evidence, and representation.
(a) Downgrade. (1) The Secretary* of the department in which the Coast Guard operates decides whether to conduct a review. (2) In addition to section 1553 of title 10, a review board for a former Coast Guard member may, on its own motion and subject to the Secretary’s review, change an honorable discharge to a general discharge under honorable conditions if it finds that the former member committed sexual assault or sexual harassment while on active duty in violation of section 920, 920b, or 934 of title 10. (3) The change must be supported by clear and convincing evidence. (4) The board may not make the change if an administrative board already considered the same conduct before separation when deciding the discharge characterization under applicable law and regulations.
(b) Procedural rights. (1) The review must rely on Coast Guard records, records of another armed force in which the member served, and other evidence presented to the board. (2) A witness may give evidence in person or by affidavit. (3) A person requesting review may appear personally, through counsel, or through an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. (4) A former member facing review must receive written notice, the right to obtain relevant records and documents, and the right to appear personally, through counsel, or through such an accredited representative.
The decision to conduct a case review under this section shall be at the discretion of the Secretary* of the department in which the Coast Guard is operating.
In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice).
Any downgrade under paragraph (2) shall be supported by clear and convincing evidence.
The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.
A review by a board established under section 1553 of title 10 and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), shall be based on the records of the Coast Guard, and with respect to a member who also served in another one of the armed forces, the records of the armed forces concerned and such other evidence as may be presented to the board.
A witness may present evidence to the board in person or by affidavit.
A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (a) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
Source credit: (Added Pub. L. 119–60, div. G, title LXXV, § 7511(a), Dec. 18, 2025, 139 Stat. 1802.)
- 2025Enacted · Pub. L. 119-60 · 139 Stat. 1802
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-60 on 2025-12-18.
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