14 U.S.C. § 2534: Review of discharge…

Summary

Allows the Secretary of the department that runs the Coast Guard to order a review of a former member’s discharge. A review 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) may, on its own motion and with the Secretary’s review, change an honorable discharge to a general (under honorable conditions) discharge if it finds the person committed sexual assault or sexual harassment while on active duty in violation of sections 920, 920b, or 934 of title 10 (articles 120, 120b, or 134 of the UCMJ). Any downgrade must be proven with strong, convincing proof. The board cannot downgrade a discharge if the same conduct was already considered by an administrative board before the member left active duty. Reviews rely on Coast Guard records and other service records if needed. Witnesses can speak in person or submit affidavits. A former member facing a possible downgrade must get written notice, access to relevant records, and the chance to appear in person or be represented by a lawyer or an accredited veterans organization representative.

Title 14, §2534

Coast Guard, Source: USLM XML via OLRC

(a)Downgrade.—

(1)In general.—

The decision to conduct a case review under this section shall be at the discretion of the Secretary of the department in which the Coast Guard is operating.

(2)Board of review.—

In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice).

(3)Evidence.—

Any downgrade under paragraph (2) shall be supported by clear and convincing evidence.

(4)Limitation.—

The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.

(b)Procedural Rights.—

(1)In general.—

A review by a board established under section 1553 of title 10 and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), shall be based on the records of the Coast Guard, and with respect to a member who also served in another one of the armed forces, the records of the armed forces concerned and such other evidence as may be presented to the board.

(2)Evidence by witness.—

A witness may present evidence to the board in person or by affidavit.

(3)Appearance before board.—

A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

(4)Notification.—

A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (a) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsecs. (a)(2) and (b)(1), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

Prior Provisions

A prior section 2534, added and amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8511(b), Jan. 1, 2021, 134 Stat. 4758, which related to application for section 2533 benefits, was repealed by Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(18), Dec. 23, 2022, 136 Stat. 4166.

Statutory Notes and Related Subsidiaries

Rulemaking Pub. L. 119–60, div. G, title LXXV, § 7511(b), Dec. 18, 2025, 139 Stat. 1807, provided that: “(1) In general.—Not later than 90 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall initiate a rulemaking to implement section 2534 [this section]. “(2) Deadline for

Regulations

.—The

Regulations

issued under paragraph (1) shall take effect not later than 180 days after the date on which the Commandant [of the Coast Guard] promulgates a final rule pursuant to such paragraph.”

§2534 Review of Discharge Characterization

Summary

Title 14, §2534

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Statutory Notes and Related Subsidiaries

Regulations

Regulations

Citations & Metadata