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DHSCCGMR0008 - Hearing Level - Procedures

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Agency Scheme:

DHSCCGMR0008

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Board for Correction of Military Records

Name of Hearing Office (global name):

Department of Homeland Security: Board for Correction of Military Records

Sub-Agency/Bureau/Division::

DHS Office of the General Counsel, General Law Division

Hearing Officer #1 (Title):

Board Member

Hearing Officer #2 (Title):

Secretary of Homeland Security or the Secretary's delegate

Are administrative appeals permitted from final decisions at the hearing-level stage?:

No

Comments/Notes on Adjudication Structure:

The Board for Correction of Military Records processes applications to correct errors or remove injustices from Coast Guard members' and veterans' military records and to settle claims and determine monetary benefits (10 USC 1552). The Coast Guard submits a written advisory opinion to the Board in most cases, and the applicants have an opportunity to respond in writing to that opinion (33 CFR 52 Subpart E). Most cases are decided on the record, but if the Chair determines that a hearing is warranted, the applicant is entitled to an oral hearing (33 CFR 52 Subpart F). Following the hearing or when a case is otherwise ready for decision, the Chair prepares a draft decision. The Board members review the evidence, deliberate the case, and modify the recommended decision as desired before signing it. The decision may deny relief or grant full, partial, or alternative relief and specifies any correction of records to be made or other action to be taken by the Coast Guard to provide relief. In most cases, the Board has authority to take final action on behalf of the Secretary. In some cases, the Secretary or the Secretary's delegate has authority to take final action. Applicants may request reconsideration of an application (33 CFR 52 Subpart G).

PROCESS & PROCEDURE - General Information

Are private parties permitted to have representation at hearings?:

Yes (All Types of Cases)

Who may serve as a private party representative?:

Either

About what percentage of private parties were represented at hearings (FY2013)?:

0.00%

Is the agency permitted to have representation at hearings?:

N/A (e.g., Agency Not Party to Hearing)

Regulations/rules of practice for hearings (please include CFR citations):

33 CFR 52 Subpart F

PROCESS & PROCEDURE - Pre-Hearing Procedure

Is discovery permitted by either party at the hearing-level stage?:

No

Does the hearing officer have subpoena authority?:

No

Are ex parte contacts prohibited?:

No

Are parties provided notice of hearing?:

Yes (All Types of Cases)

How far in advance of the hearing date is notice typically provided?:

21 Days

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted at the hearing-level stage?:

Written (Document-Only) Hearing

In-Person

Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)

Written (Document-Only) Hearing:

100%

In-Person:

0%

Video:

0%

Phone:

0%

How is the type of hearing selected:

By Agency

How many hearing officers preside at each hearing?:

Three

Is witness testimony permitted at hearings?:

Yes

Can parties cross-examine witnesses?:

No

Can third-parties submit amicus briefs and/or evidence?:

No

Are hearings recorded and/or transcribed?:

Yes

Discretion of Adjudication Officer(s)

Are hearings open to the public?:

No (Hearings Always Closed/All Types of Cases)

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts the decision at the hearing-level stage?:

Adjudication Officer

Staff Attorney

Who has authority to issue final decisions?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions?:

Yes (All Types of Cases)

If "Yes," please specify these time limit(s):

Final action must be taken within 10 months after a completed application is received unless the applicant requests an extension that is granted by the Chair. See 14 USC 425; 33 CFR 52.26.

About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:

261 Days

Is judicial review available after issuance of a final decision?:

Yes (All Types of Cases)

PROCESS & PROCEDURE - Case Management

How are claims/cases processed at the hearing-level stage?:

First-In/First-Out Basis

Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:

No

Are final decisions published and/or posted on the agency website?:

Yes (Some Decisions)

If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe:

All decisions are posted except for decisions in reenlistment bonus cases that are duplicative of many other reenlistment bonus decisions that have already been posted.

Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?:

Yes (All Types of Cases)

If "Yes," please provide citation(s):

33 CFR 52.63.

Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:

No

PROCESS & PROCEDURE - Comments

Comments/Notes on Hearing-Level Process & Procedures (Optional):

About 25 to 35 percent of all applications are closed administratively by the Chair because the Coast Guard has voluntarily satisfied the applicant's request for correction of his or her military record without Board action. In most cases that are deliberated by the Board, if the Board acts unanimously, its decision constitutes final action on behalf of the Secretary and it issues orders necessary to carry out the action. But if the Board reaches a split decision or wants to grant substantial relief contrary to the recommendation of the Coast Guard in certain types of cases, the Chair of the Board forwards the record, the Board's recommended decision, and any minority opinion to the Secretary or the Secretary's delegate, who may approve or disapprove the recommended decision or return it to the Board for additional consideration (33 CFR 52 Subpart G).

ADJUDICATORS

Total # of Hearing Officers:

38

Information About Officer:

Adjudication Officer Title	Job Series	Pay Plan	Are persons in this position subject to performance evaluation?	Are persons in this position employed full-time as adjudication officers?	If "No", briefly describe other duties:	Are persons in this position subject to quality control measures or production goals?
Board Member	0905-Gen'l Attorney Series		No	No	The Secretary or the Secretary's delegate appoints a panel of civilian attorneys of the Department of Homeland Security to serve as members of the Board and designates one such member to serve as Chair of the Board and another to serve as Deputy Chair. The Chair and Deputy Chair work full-time on Board matters, but the other Board members serve on Board panels as a collateral duty and are otherwise employed as attorneys for the various components of the Department.	No
Secretary of Homeland Security or the Secretary's delegate	0000-Misc Occupations Group	EX	No	No	The Secretary of Homeland Security and the Secretary's delegate have other duties commensurate with their positions.	No

ADR: General Information

Is ADR available at one or more points during the hearing process?:

No

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Summary Statistics

Total # Cases Filed/Opened (FY2013):

179

Total # Cases Decided/Closed (FY2013):

223

Total # Cases Pending (End of FY2013):

92

CASELOAD STATISTICS - Supplementary Statistics

Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:

Yes

If "Yes," please indicate preferred format below.:

By providing case type statistics on this form

Supplementary Caseload Statistics by Case Type:

Case Type	Total # Cases Filed/Opened (FY2013)	Total # Cases Decided/Closed (FY2013)	Total # Cases Pending (End of FY2013)
Advancement (enlisted)	8	6	7
Alcohol incidents/separations	6	8	3
Basic Allowance for Housing	0	1	0
Dental/Optical Benefits	0	0	0
Discharge type/separation codes	19	26	11
Discrimination/Retaliation	0	0	0
Date of Rank	0	1	0
Enlisted Evaluation Reports	1	3	1
Medical/Disability	6	10	5
Medals/Awards	29	33	10
MGIB educational benefits	8	12	6
Non-Judicial Punishment/Court-Martial	2	2	1
Office Evaluation Reports	12	19	10
Other/mixed	60	72	24
Personality Disorder discharge upgrade	1	0	1
Reentry/reenlistment code	1	2	0
Reconsideration	1	0	1
Non-selection for promotion (officers)	5	5	3
Retirement	4	2	3
Survivor Benefit Plan	0	0	0
Severance/separation pay	0	0	0
Sale of leave/leave issues	1	2	1
Bonus cases (enlistment/reenlistment/career)	15	19	5

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DHSCCGMR0008 - Hearing Level - Procedures