§2534 Review of discharge characterization

Summary

The Secretary of the department that runs the Coast Guard decides whether to start a review. A board set up under section 1553 of title 10 and part 51 of title 33 (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) can, by motion and with the Secretary’s oversight, change an honorable discharge to a general (under honorable conditions) discharge if it finds a former member, while on active duty, committed sexual assault or sexual harassment in violation of title 10 sections 920, 920b, or 934 (articles 120, 120b, or 134 of the UCMJ). Any such change must be supported by clear and convincing evidence and cannot be made if an administrative board already considered the same action before the member left active duty. Reviews use Coast Guard records and, if the person also served in another service, those records too. Witnesses may give testimony in person or by affidavit. A person asking for a review may appear in person or be represented by counsel or an accredited organization recognized under chapter 59 of title 38. A former member facing a possible downgrade must get written notice, may obtain copies of relevant records, and may appear in person or by counsel or an accredited representative.