[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: 33CFR51.7]



[Page 124]

 

                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. 51.7  Equity standard of review.



    (a) A discharge is presumed to be equitable and will not be changed 

under this section unless the applicant submits evidence sufficient to 

establish, to the satisfaction of the DRB that:

    (1) The policies and procedures under which the applicant was 

discharged differ in material respects from policies and procedures 

currently applicable on a service-wide basis to discharges of that type, 

provided that current policies or procedures represent a substantial 

enhancement of the rights afforded a party in such proceedings, and 

there is substantial doubt that the applicant would have received the 

same discharge if relevant current policies and procedures had been 

available to the applicant at the time of the discharge proceedings 

under consideration; or

    (2) At the time of issuance, the discharge was inconsistent with 

standards of discipline in the Coast Guard; or

    (3) The applicant's military record and other evidence presented to 

the DRB, viewed in conjunction with the factors listed in Sec. 51.8 and 

the regulations under which the applicant was discharged, do not fairly 

justify the type of discharge received.

    (b) If the applicant was discharged with a characterized discharge 

before June 15, 1983, a change from the characterized discharge to an 

uncharacterized discharge will not be considered under the provisions of 

(a)(1) of this section unless specifically requested by the applicant. A 

determination that a discharge is inequitable according to the 

provisions of (a)(2) or (a)(3) of this section shall entitle the 

applicant to a discharge of a type to which the applicant was entitled 

at the time the original discharge was issued.