14 U.S.C. § 2507: Board for Correction of…

Summary

The Secretary must finish processing a completed application to correct Coast Guard military records within 10 months after getting it. If 10 months pass, the applicant is treated as having exhausted internal options. If the Board for Correction of Military Records has issued a recommended decision by then, that recommendation becomes the final agency action and cannot be reviewed further inside the department that operates the Coast Guard. If the Board has not issued a recommendation, the delay is treated as unreasonable and the applicant can get an order under section 706(1) of title 5 requiring final action within 30 days of the order. The department that operates the Coast Guard must pay the costs of getting that order, including a reasonable attorney’s fee, from its appropriated funds.

Title 14, §2507

Coast Guard, Source: USLM XML via OLRC

(a)Deadline for Completion of Action.—

The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application.

(b)Remedies Deemed Exhausted.—

Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and— (1)

(2)if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to—

(A)an order under section 706(1) of title 5, directing final action be taken within 30 days from the date the order is entered; and

(B)from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorney’s fee.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 425 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–324, § 209(d), Oct. 19, 1996, 110 Stat. 3914, provided that: “This section [enacting this section and provisions set out as a note below] shall be effective on and after

June 12, 1990.” Special Right of Applications After Deadline for Completion of Board Action Pub. L. 104–324, § 209(c), Oct. 19, 1996, 110 Stat. 3914, provided that: “This section [enacting this section and provisions set out as a note above] applies to any applicant who had an application filed with or pending before the Board or the Secretary of the department in which the Coast Guard is operating on or after

June 12, 1990, who files with the Board for Correction of Military Records of the Coast Guard an application for relief under the amendment made by subsection (a) [enacting this section]. If a recommended decision was modified or reversed on review with final agency action occurring after expiration of the 10-month deadline under that amendment, an applicant who so requests shall have the order in the final decision vacated and receive the relief granted in the recommended decision if the Coast Guard has the legal authority to grant such relief. The recommended decision shall otherwise have no effect as precedent.”

§2507 Board for Correction of Military Records Deadline