
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC425]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                           GENERAL PROVISIONS
 
Sec. 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.

(Added Pub. L. 104-324, title II, Sec. 209(a), Oct. 19, 1996, 110 Stat. 
3914.)


                            Prior Provisions

    A prior section 425, act Aug. 4, 1949, ch. 393, 63 Stat. 525, 
related to retiring boards, prior to repeal by act Aug. 3, 1950, ch. 
536, Sec. 36, 64 Stat. 408. See section 1216 of Title 10, Armed Forces.


                             Effective Date

    Section 209(d) of Pub. L. 104-324 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

    Section 209(c) of Pub. L. 104-324 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.''
