[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: 33CFR51.4]



[Page 123]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 51_COAST GUARD DISCHARGE REVIEW BOARD--Table of Contents

 

Sec. 51.4  Definitions.



    Applicant. A former member of the Coast Guard who has been 

discharged from the service but excluding those discharged by sentence 

of a court-martial, except as provided in Sec. 51.3. If the former 

member is deceased or incompetent, the term ``applicant'' includes the 

surviving spouse, next-of-kin, or legal representative who is acting on 

behalf of the former member.

    Counsel. An individual or agency designated by the applicant who 

agrees to represent the applicant in a case before the DRB. It includes, 

but is not limited to: A lawyer who is a member of the bar of a federal 

court or of the highest court of a state; an accredited representative 

designated by an organization recognized by the Administrator of 

Veterans Affairs; a representative from a state agency concerned with 

veterans affairs; or a representative from private organizations or 

local government agencies.

    Discharge. Any formal separation of a member from the Coast Guard 

which is not termed ``honorable'', including dismissals and ``dropping 

from the rolls''. This term also includes the assignment of a separation 

program designator, separation authority, the stated reason for the 

discharge, and the characterization of service.

    Discharge Review. The process by which the reason for separation, 

the procedures followed in accomplishing separation, and the 

characterization of service are evaluated. This includes determinations 

made under the provisions of 38 U.S.C. 3103(e)(2).

    Discharge Review Board. A board consisting of five members of the 

U.S. Coast Guard, appointed by the Commandant of the Coast Guard and 

vested with the authority to review the discharge of a former member. 

The board is empowered to change a discharge or issue a new discharge to 

reflect its findings, subject to review by the Commandant or the 

Secretary.

    Hearing. A proceeding which, upon request of the applicant, is 

utilized in the discharge review process enabling the applicant and/or 

the applicant's representative to appear before the DRB and present 

evidence.

    President. An officer of the United States Coast Guard appointed by 

the Commandant as President to preside over the DRB. The President will 

convene the board and may also serve as a member. If the President does 

not serve as a member of the DRB, the President shall designate a 

presiding officer for the board to serve as President.



[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 

33663, June 28, 1996]