[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: 33CFR52.64]



[Page 132-133]

 

                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. 52.64  Final action.



    (a) The Board, provided that it acts unanimously, may take final 

action on behalf of the Secretary, pursuant to 10 U.S.C. 1552, as 

follows:

    (1) The Board may deny an application for the correction of military 

records.

    (2) Unless the Coast Guard, in submitting its views pursuant to 

Sec. 52.42(b), identifies and describes a significant



[[Page 133]]



issue of Coast Guard policy challenged in the application, the Board may 

approve an application for the correction of military records in any of 

the following categories:

    (i) An application to correct an enlistment or reenlistment contract 

or agreement to extend an enlistment for the purpose of effecting or 

increasing entitlement to a Selective Reenlistment Bonus;

    (ii) An application to modify an election to participate in the 

Survivor Benefit Plan;

    (iii) An application to change a reenlistment eligibility code;

    (iv) An application to correct the character of, or reason for, a 

discharge or separation; or

    (v) An application to receive a medal or award.

    (3) The Board may approve any application for correction of military 

records not included in one of the categories in paragraph (a)(2) of 

this section, if the Coast Guard recommends the same or substantially 

same relief as that requested by the applicant.

    (b) Except in cases where the Board takes final action under 

paragraph (a) of this section, the Board shall forward the record of its 

proceedings to the Secretary, who may approve, disapprove, or concur in 

the decision of the Board or the minority report, if any, either in 

whole or in part, and amend the order of the Board accordingly, or 

return the case to the Board for additional consideration. After taking 

final action, the Secretary shall send any such statement and the record 

of proceedings to the Board for disposition.