[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: 33CFR52.32]



[Page 130]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 52_BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD

--Table of Contents

 

    Subpart D_Consideration of Application and Administrative Closure

 

Sec. 52.32  Administrative closure.



    (a) The Chair may administratively close a case after it has been 

docketed and at any time prior to its consideration by the Board if the 

Chair determines that:

    (1) The application was erroneously docketed because the application 

did not meet the criteria under Sec. 52.21;

    (2) Effective relief cannot be granted by the Board;

    (3) The Board does not have jurisdiction to determine the issues 

presented or the applicant has not exhausted an available administrative 

remedy, as required under Sec. 52.13(b); or

    (4) The Coast Guard has granted effective relief satisfactory to the 

applicant.

    (b) Administrative closure does not constitute a denial of relief. 

Applicants who believe their cases should not have been administratively 

closed by the Chair may resubmit their applications with a request for 

further consideration and a statement explaining why the applicant 

believes his or her case should be docketed and considered by the Board. 

A request for further consideration shall be regarded as a new 

application for the purposes of Sec. Sec. 52.21 and 52.26.

    (c) If the Chair administratively closes a case, the applicant shall 

be advised of the reason and of the right to resubmit his or her 

application.