Sec. 5408. Review of discharge characterization
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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: 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. 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).
Any downgrade under paragraph
(2)shall be supported by clear and convincing evidence. 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. 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. 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. . Not later than 90 days after the date of enactment of this Act, the Commandant shall initiate a rulemaking to implement this section. The regulations issued under paragraph
(1)shall take effect not later than 180 days after the date on which the Commandant promulgates a final rule pursuant to such paragraph. 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 characterization. .