14 U.S.C. § 2538 — Inclusion and command review of information on covered misconduct in personnel service records

submitted 1 year ago by Pub. L. 119-60 to r/title-14-COAST-GUARD · 448 words · no verdicts yet

in plain englishAI-generated · not legal advice

A notation must be placed in a Coast Guard member’s personnel record after a covered-misconduct conviction or specified punishment. Commanding officers must review documented histories of covered members, and the Commandant must create lawful procedures to assess former members for Coast Guard civilian employment.

(a) If a Coast Guard member is accused of covered misconduct and is convicted by court-martial or receives nonjudicial punishment or punitive administrative action, the member’s personnel service record must note that fact, regardless of grade. The notation is meant to alert supervisors and commanders, reduce the chance that repeat offenses go unnoticed, and inform commissioning or promotion decisions. It may not go in the record’s restricted section. The member may still challenge or appeal the notation or where it is placed under otherwise applicable procedures. (b) Under the Secretary’s policy, the commanding officer of a unit or facility receiving or transferring a covered member must review the member’s documented covered-misconduct history to become familiar with it. “Covered member” means a Coast Guard member who, at that assignment or transfer, has one or more covered-misconduct offenses documented in the personnel record or in other records the Commandant identifies in the policy. (c) Under the Secretary’s policy, the Commandant must establish lawful procedures consistent with Defense Department law, policies, and practices in effect on enactment to review a former Armed Forces member’s personnel service record when deciding whether the person is suitable for civilian Coast Guard employment.

the actual law source: uscode.house.gov ↗public domain

(a)Information on Reports on Covered Misconduct.—

(1)In general.—

If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member.

(2)Purpose.—

The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order—

(A)

to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and

(B)

to help inform commissioning or promotability of the member;

(3)Limitation on placement.—

A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member.

(4)Construction.—

Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.

(b)Command Review of History of Covered Misconduct.—

(1)In general.—

Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member.

(2)Covered member defined.—

In this subsection, the term “covered member” means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A).1

(c)Review of Personnel Service Record to Determine Suitability for Civilian Employment.—

Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the Coast Guard Authorization Act of 2025 to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.

Source credit: (Added Pub. L. 119–60, div. G, title LXXV, § 7511(a), Dec. 18, 2025, 139 Stat. 1806.)

history & why it existsrecord from the source credit

2025Enacted · Pub. L. 119-60 · 139 Stat. 1806

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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