§2538 Inclusion and Command Review of Information on Covered Misconduct in Personnel Service Records

Summary

When a Coast Guard member is convicted by a military court, given formal disciplinary punishment without a court, or given other punitive administrative discipline for covered misconduct, a note must be put in that member’s personnel record no matter their rank. The note is meant to warn supervisors and commanders about past misconduct so repeat problems are less likely to be missed and so the record can help when deciding promotions or commissioning. The note cannot be put in the restricted section of the record. The member can challenge or appeal adding the note or where it is placed using the normal appeal rules. Under rules the Secretary will write, a commanding officer must check a member’s documented covered-misconduct history when a covered member is assigned or transferred to their unit. A “covered member” means a Coast Guard member who has one or more covered misconduct offenses recorded in their files. Also, under rules the Secretary will write and following Department of Defense practices in effect when the Coast Guard Authorization Act of 2025 was enacted, the Commandant must create procedures to review a former Armed Forces member’s record to decide if they are suitable for civilian work in the Coast Guard.