[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR50.5]



[Page 121-122]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 50_COAST GUARD RETIRING REVIEW BOARD--Table of Contents

 

Sec. 50.5  Action by the Board.



    (a) After a complete and thorough review of the evidence before it 

the Board will, in closed session, deliberate and make its decision 

affirming or reversing the findings and decision of the retiring board 

being reviewed.



[[Page 122]]



    (b) If the Board reverses the findings of the retiring board being 

reviewed, it will make complete findings, including:

    (1) Whether the applicant was incapacitated for active service;

    (2) If so, the disability causing the incapacity;

    (3) Whether the incapacity is permanent;

    (4) Whether the incapacity was the result of an incident of service 

or incurred in the line of duty;

    (5) Whether the incapacity was the result of the applicant's own 

vicious habits;

    (6) In the case of Reserve officers and officers who have served 

under temporary appointments, when the physical disability was incurred.

    (c) The findings and decision of a majority of the Board will 

constitute the findings and decision of the Board Members who do not 

concur with the majority may file a minority report.

    (d) When the Board has concluded its proceedings in any case the 

Recorder will prepare a complete record thereof including (1) the 

application for review (2) a transcript of the hearing, if any (3) 

affidavits, briefs, and written agreements filed in the case, (4) the 

findings and decision of the Board, and (5) all other papers and 

documents necessary to reflect a true and complete record of the 

proceedings. This complete record will be transmitted to the Commandant 

for appropriate action.



[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, 

and amended at CGFR 53-12, 18 FR 2953, May 22, 1953]