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Code · BILL · 118th Congress · H.R. 7659 (Reported in House) — To authorize and amend authorities, programs, and statutes administered by the Coast Guard. · Sec. 511

Sec. 511. Review of discharge or dismissal

423 words·~2 min read·/bill/118/hr/7659/rh/section-511

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Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following: 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 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 or dismissal to a general (under honorable conditions) discharge or dismissal 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 this title (article 120, 120b, or 134 of the Uniform Code of Military Justice).
Any downgrade under paragraph
(1)shall be supported by clear and convincing evidence. The review board under paragraph
(1)may not downgrade a discharge or dismissal of a former member of the Coast Guard if the same action described in paragraph
(1)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. A review by a board established under section 1553 of title 10 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 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. A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (b)(3) 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. . The analysis for chapter 25 of title 14, United States Code, is further amended by inserting after the item relating to section 2517 (as added by this Act) the following: 2518. Review of discharge or dismissal. .
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