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14 U.S.C. § 2534 — Review of discharge characterization

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2534 — Review of discharge characterization

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Stable record: federal_law:legal_authorities:record_usc_dbcb3d72d046eab802874a82
Source file: Laws/federal/codes/united-states-code/title-14/section-2534-review-of-discharge-characterization--a5b43d6bad.md
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Source location: Title 14, Chapter 25, § 2534; chapter-025-personnel-general-provisions.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1553 — Review of discharge or dismissal

**(a)** The Secretary concerned shall, after consulting the Secretary of Veterans Affairs, establish a board of review, consisting of not fewer than three members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal. With respect to a discharge or dismissal adjudged by a court-martial case tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change in the discharge or dismissal or issuance of a new discharge for purposes of clemency. **(b)** (1) A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, or issue a new discharge, to reflect its findings. (2) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1552 or [section 1553a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553a&num=0&edition=prelim), as applicable. **(c)** A review by a board established under this section shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appe

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 773 — Transferred

### Statutory Notes #### Codification Section, act Aug. 19, 1950, ch. 761, § 3, 64 Stat. 466, which related to application for benefits for surviving spouses of Lighthouse Service employees and employee death benefits, was transferred to former [section 2534(a) of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2534/a&num=0&edition=prelim), Coast Guard. Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(18), Dec. 23, 2022, 136 Stat. 4166, repealed [section 2534 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2534&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 773

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 774 — Transferred

### Statutory Notes #### Codification Section, Aug. 19, 1950, ch. 761, § 4, 64 Stat. 466, which related to rules and regulations necessary to carry out benefit provisions, was transferred to former [section 2534(b) of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2534/b&num=0&edition=prelim), Coast Guard. Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(18), Dec. 23, 2022, 136 Stat. 4166, repealed [section 2534 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2534&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 774

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 776 — Transferred

### Statutory Notes #### Codification Section, Pub. L. 112–74, div. C, title V, Dec. 23, 2011, 125 Stat. 919, which related to payment of certain annuities out of the Civil Service Retirement and Disability Fund, was transferred to former [section 2534(c) of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2534/c&num=0&edition=prelim), Coast Guard. Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(18), Dec. 23, 2022, 136 Stat. 4166, repealed [section 2534 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2534&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 776

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