§2538 — Title 14 Coast Guard | U.S. Code

Summary

If a complaint of covered misconduct is made against a Coast Guard member and the member is later convicted by court-martial, or given nonjudicial punishment, or punished administratively for that misconduct, a note about it must be put in the member’s personnel file no matter the member’s rank. The note is meant to warn supervisors so they can spot repeat problems and to help decide commissioning or promotion. The note cannot go in the restricted section of the file. Members may challenge or appeal the note or where it is placed under the usual appeal rules. The Secretary must create a policy that makes the unit commanding officer check the personnel record of any assigned or transferred member who has a history of 1 or more covered misconduct offenses. “Covered member” means a member with 1 or more such offenses on file. The Commandant must also set procedures, following Department of Defense practices in effect on the date of enactment of the Coast Guard Authorization Act of 2025, to review former armed forces personnel records when deciding if they are suitable for civilian jobs in the Coast Guard.

Title 14, §2538

Coast Guard — Source: USLM XML via OLRC

(a)(1)If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member.

(2)The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order—

(A)to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and

(B)to help inform commissioning or promotability of the member;

(3)A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member.

(4)Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.

(b)(1)Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member.

(2)In this subsection, the term “covered member” means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A).11 So in original. Probably should be “paragraph (1).”.

(c)Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the Coast Guard Authorization Act of 2025 to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (c), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

§2538 Inclusion and command review of information on covered misconduct in personnel service records

Summary

Title 14, §2538

Notes & Related Subsidiaries

Editorial Notes

References in Text

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