[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: 33CFR52.67]



[Page 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. 52.67  Reconsideration.



    (a) Reconsideration of an application for correction of a military 

record shall occur if an applicant requests it and the request meets the 

requirements set forth in paragraph (a)(1) or (a)(2) of this section.

    (1) An applicant presents evidence or information that was not 

previously considered by the Board and that could result in a 

determination other than that originally made. Such new evidence or 

information may only be considered if it could not have been presented 

to the Board prior to its original determination if the applicant had 

exercised reasonable diligence; or

    (2) An applicant presents evidence or information that the Board, or 

the Secretary as the case may be, committed legal or factual error in 

the original determination that could have resulted in a determination 

other than that originally made.

    (b) The Chair shall docket a request for reconsideration of a final 

decision if it meets the requirements of paragraph (a)(1) or (a)(2) of 

this section. If neither of these requirements is met, the Chair shall 

not docket such request.

    (c) The Board shall consider each application for reconsideration 

that has been docketed. None of the Board members who served on the 

Board that considered an applicant's original application for correction 

shall serve on the Board that decides the applicant's application upon 

reconsideration.

    (d) Action by the Board on a docketed application for 

reconsideration is subject to Sec. Sec. 52.26 and 52.64(b).

    (e) An applicant's request for reconsideration must be filed within 

two years after the issuance of a final decision, except as otherwise 

required by law. If the Chair dockets an applicant's request for 

reconsideration, the two-year requirement may be waived if the Board 

finds that it would be in the interest of justice to consider the 

request despite its untimeliness.



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