§ 2507. Board for Correction of Military Records deadline

Statutory text

Deadline for Completion of Action.—

The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application.

Remedies Deemed Exhausted.—

Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and—

if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or

if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to—

an order under section 706(1) of title 5, directing final action be taken within 30 days from the date the order is entered; and

from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorney’s fee.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1996
Coast Guard Authorization Act of 1996
Pub. L. 104–324 title II § 209(a) · 110 Stat. 3901
Enacted · 14 U.S.C. § 2507
Added Pub. L. 104–324, title II, § 209(a), Oct. 19, 1996, 110 Stat. 3914, § 425
Source evidence
Code source credit
Added Pub. L. 104–324, title II, § 209(a), Oct. 19, 1996, 110 Stat. 3914, § 425
Enacted provision · exact public law section
(a) In General.— Chapter 11 of title 14, United States Code, is amended by inserting after section 424 the following new section: “§425. Board for Correction of Military Records deadline “(a) Deadline for Completion of Action.— The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application. “(b) Remedies Deemed Exhausted.— Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and— “(1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or “(2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to— “(A) an order under section 706(1) of title 5, directing final action be taken within 30 days from the date the order is entered; and “(B) from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorney’s fee”.
2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 114(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 2507
Pub. L. 115–282 renumbered section 425 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 425 of this title as this section.
Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 25 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 334Grade on retirement2501 421Retirement2502 422Status of recalled personnel2503 423Computation of retired pay2504 424Limitations on retirement and retired pay2505 424aSuspension of payment of retired pay of members who are absent from the United States to avoid prosecution2506 425Board for Correction of Military Records deadline2507 426Emergency leave retention authority2508 427Prohibition of certain involuntary administrative separations2509 428Sea service letters2510 430Investigations of flag officers and Senior Executive Service employees2511 431Leave policies for the Coast Guard2512 467Computation of length of service2513 432Personnel of former Lighthouse Service2531

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 425 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–324, § 209(d), Oct. 19, 1996, 110 Stat. 3914, provided that: “This section [enacting this section and provisions set out as a note below] shall be effective on and after June 12, 1990.”

Special Right of Applications After Deadline for Completion of Board Action

Pub. L. 104–324, § 209(c), Oct. 19, 1996, 110 Stat. 3914, provided that: “This section [enacting this section and provisions set out as a note above] applies to any applicant who had an application filed with or pending before the Board or the Secretary of the department in which the Coast Guard is operating on or after June 12, 1990, who files with the Board for Correction of Military Records of the Coast Guard an application for relief under the amendment made by subsection (a) [enacting this section]. If a recommended decision was modified or reversed on review with final agency action occurring after expiration of the 10-month deadline under that amendment, an applicant who so requests shall have the order in the final decision vacated and receive the relief granted in the recommended decision if the Coast Guard has the legal authority to grant such relief. The recommended decision shall otherwise have no effect as precedent.”

Credits

1996–2018 · 2 acts

1996Added Pub. L. 104–324, title II, § 209(a), Oct. 19, 1996, 110 Stat. 3914, § 425
2018renumbered § 2507, Pub. L. 115–282, title I, § 114(b), Dec. 4, 2018, 132 Stat. 4223.

Show as published

(Added Pub. L. 104–324, title II, § 209(a), Oct. 19, 1996, 110 Stat. 3914, § 425; renumbered § 2507, Pub. L. 115–282, title I, § 114(b), Dec. 4, 2018, 132 Stat. 4223.)