[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: 33CFR51.9]



[Page 124-126]

 

                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. 51.9  Discharge review procedures.



    (a) Preliminary. Prior to a review, applicants or their 

representatives may obtain copies of military records by submitting a 

Standard Form 180, Request Pertaining to Military Records, to the 

National Personnel Records Center (NPRC), 9799 Page Boulevard, St. 

Louis, MO. 72132. The request to the NPRC should be submitted prior to 

submitting the application for review, so that relevant information from 

the



[[Page 125]]



record can be included with the application.

    (b) Initiation of review. Review may be initiated by an applicant or 

by the DRB. The applicant may apply for DRB review of discharge by 

submitting DD Form 293, Application for Review of Discharge or 

Separation from the Armed Forces of the United States, along with any 

other statements, affidavits or documentation desired by the applicant. 

The application must be received by the DRB within fifteen (15) years of 

the date of the discharge. The application form can be obtained, along 

with explanatory matter, from Commandant, (G-WPM), U.S. Coast Guard 

Headquarters, 2100 2nd Street SW., Washington, DC 20593, any regional VA 

office, or by writing to the Armed Forces Review/Correction Board 

Reading Room, Pentagon Concourse, Washington, DC 20310.

    (c) Notice. (1) The DRB will provide notification advising the 

former member of--

    (i) Receipt of the applicant's request;

    (ii) The right to appear before the board in person or by counsel; 

and

    (iii) The date of review.



If the former member is deceased, written notice of DRB review will be 

sent to the surviving spouse, next of kin or legal representative of the 

former member. If the review is initiated by the DRB, notification will 

be sent to the last known address of the former member.

    (2) Prior to the initiation of the decision process, the DRB will 

notify the former member of the date by which requests to examine the 

documents to be considered by the board must be received. This notice 

will also state the date by which a request for a hearing must be made 

and the deadline for filing responses to the board.

    (3) An applicant who requests a hearing will be notified of the time 

and place of the hearing. All expenses incurred by the applicant in DRB 

proceedings and hearings are the sole responsibility of the applicant 

and are not obligations of the U.S. Coast Guard or the Department of 

Transportation. If the applicant fails to appear, except as provided in 

Sec. 51.9(f), the DRB will review the discharge and reach a decision 

based upon the evidence of record.

    (d) Withdrawal of application. An applicant may withdraw an 

application without prejudice at any time before the scheduled review. 

An application which is withdrawn will not stay the running of the 15 

year statutory limitation imposed on the authority of the DRB to review 

the discharge.

    (e) The DRB will consider the records and other data submitted by 

the applicant. The DRB may consider other probative evidence provided 

that all materials relied on by the DRB, except classified documents, 

are made available to the applicant and applicant's representative prior 

to the hearing date (or review date if no hearing is requested). The DRB 

shall not consider a classified document in the review of a discharge 

unless a summary of, or extract from, the document (deleting all 

reference to sources of information and other matters, the disclosure of 

which would, in the opinion of the classifying authority, be detrimental 

to the security interests of the United States) is made available to the 

applicant.

    (f) Postponement of review or hearing. At any time before the date 

of scheduled review or hearing, an applicant may be granted a 

continuance, provided the applicant or the applicant's counsel makes a 

written request for additional time to the DRB which shows good cause to 

justify the postponement.

    (g) Hearing procedures. The following procedures apply to DRB 

hearings:

    (1) DRB hearings are not public. Presence at hearings is limited to 

persons authorized by the Commandant or expressly requested by the 

applicant, subject to reasonable limitations based upon available space.

    (2) The Federal Rules of Evidence are not applicable to DRB 

proceedings. The presiding officer rules on matters of procedure and 

ensures that reasonable bounds of relevancy and materiality are adhered 

to in the taking of evidence.

    (3) An applicant is permitted to make a sworn or unsworn statement. 

Witness testimony will only be taken under oath or affirmation. An 

applicant or witness who makes a statement may be questioned by the DRB.



[[Page 126]]



    (4) An applicant may make oral or written argument personally or 

through his or her representative.

    (h) Reconsideration. The decision of the DRB may not be reconsidered 

unless--

    (1) The only previous consideration of the case was on the motion of 

the DRB;

    (2) Changes in discharge policy occur; or

    (3) New, substantial, relevant evidence, not available to the 

applicant at the time of the original review, is submitted to the DRB.



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

33663, June 28, 1996]