[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: 33CFR52.61]



[Page 132]

 

                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 G_Judgment and Disposition

 

Sec. 52.61  Deliberations and decision.





    (a) The Board is convened at the call of the Chair and its meetings 

are recessed or adjourned by order of the Chair. Only members of the 

Board and its staff may be present during the deliberations of the 

Board. The Board's deliberations are conducted in executive session and 

are not reported.

    (b) When the Board finds that the facts have not been fully and 

fairly disclosed by the records, testimony, and any other evidence 

before the Board, the Board may request the applicant and/or the Coast 

Guard to obtain and submit such further evidence as it considers 

essential to a complete and impartial understanding of the facts and 

issues.

    (c) Following the receipt of all evidence, the Chair shall cause to 

be prepared and shall submit to the Board for its consideration a draft 

decision containing proposed findings and conclusions and a proposed 

order. A majority vote of the members of the Board present at a meeting 

on any matter relating to a draft decision before the Board shall 

constitute the action of the Board. If a draft decision is approved by 

the Board, it shall become a decision of the Board.

    (d) The decision of the Board shall specify any change, correction, 

or modification of records to be made by the Coast Guard, and any other 

action deemed necessary to provide full and effective relief, which may 

include directing the Coast Guard to convene medical boards.

    (e) If the Board deems it necessary to submit a comment or 

recommendation to the Secretary as to a matter arising from, but not 

directly related to, the issues in a case, it does so by separate 

communication.