Other Fields
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
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
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
Verified by Agency: 
Verified