The Sham USCG Discharge Review Board (DRB)

 If one looks at 98% of DRB applicants, one will note that they received either an Honorable or Under Honorable Conditions (formerly “General”) discharge.  Of that large subset, approximately 75% were “found guilty” via Non-Judicial Punishment (NJP) of either drug or alcohol abuse and administratively discharged for “Misconduct”.  And historically, the Coast Guard DRB has (statistically-speaking) legitimately denied all of them.  Over the years, those repetitive appeals/denials resulted in complacency on the part of the DRB and it evolved into a “rubber stamp” vice a legitimate “review” board.  Further, over time, the Coast Guard has reduced the rank/suitability of those involved (counter to the law), and populated the board with CG-133 personnel, whose conflict of interest is paramount (they write and maintain the USCG Military Separations manual used to discharge the appellants).  Thus, the DRB is completely unprepared when a well-written, evidence-filled Discharge Appeal lands on their desk… and thus treats it with the same cavalier attitude that is their norm.

Further, the Coast Guard DRB, when faced with correcting an error by any Coast Guard Coast officer defaults to the well-documented cronyism and belief in the infallibility of its officer corps demonstrated by the Coast Guard officers - particularly Academy Grads, current or former Commanding Officers, or Cuttermen.  

 The Coast Guard needs to fix their badly broken Discharge Review Board.  Here’s what our staff recommends:

 1.      Read and comply with 33 CFR Part 51 - COAST GUARD DISCHARGE REVIEW BOARD.( 33 CFR Part 51 - COAST GUARD DISCHARGE REVIEW BOARD | CFR | US Law | LII / Legal Information Institute (cornell.edu) ) No one can find fault with the DRB if they are complying with the law.  They currently are not (see below).

 2.      Read the Coast Guard’s Military Separations manual. We’ve both read and studied it and it’s filled with contradictions, either with itself or with supplementary Separations documents such as:  Notification of Intent to Discharge, Recommendation for Discharge, Separations Panel Sheet, and the Personnel Support Center (PSC) Instruction – “Certificate of Release or Discharge from Active Duty, DD Form 214”.

 3.      The President of the DRB shouldn’t just administer the DRB process; he/she should sit on the board as the presiding officer.

 4.      Draw board members from outside CG-1, or even better, outside USCG HQ.  At best, the current arrangement gives the appearance of impropriety, and appearance is everything to the appellant and to outsiders.

 Per Federal Code, 33 CFR Part 51 - COAST GUARD DISCHARGE REVIEW BOARD, here’s the germane law CG-1 / Human Resources ignores:

 Ø  Per Federal Code, 33 CFR Part 51.2 Authority. (b) - The Commandant of the Coast Guard is delegated the authority to:  (3) Designate a member as the President of the DRB;

Ø  Per Federal Code, 33 CFR Part 51.4 Definitions. - President. An officer of the United States Coast Guard appointed by the Commandant as President to preside over the DRB.

Ø  Per the Office of Military Personnel Policy ( Military Personnel Policy (CG-133) | U.S. Coast Guard (uscg.mil) ) - the Chief of the Office of Military Personnel also serves as the President of the Discharge Review Board (DRB).

Ø  Per Federal Code, 33 CFR Part 51.2 Authority. (b) - The Commandant of the Coast Guard is delegated the authority to: (1) Appoint members to serve on the Discharge Review Board;

Ø  Per Federal Code, 33 CFR Part 51.5 Objective of review. - The objective of the discharge review is to examine the propriety and equity of the applicant's discharge and to effect changes if necessary. The standards of review and the underlying factors which aid in determining whether the standards are met shall be historically consistent with criteria for determining honorable service.

 Ø  Per Federal Code, 33 CFR Part 51.10 Decisions. (b) - A decision document is prepared for each review conducted by the DRB.     This document contains:

(1) The date, character of, and reason for the discharge including the specific authority under which the discharge was issued;

(2) The specific change(s) requested by the applicant;

(3) A list of the issues raised by the applicant;

(4) The circumstances and character of the applicant's service, as extracted from the service record, health record and other evidence presented to the DRB;

(5) References to documentary evidence, testimony or other material relied on by the DRB in support of its decision;

(6) A statement of the DRB's findings with respect to each issue raised by the applicant;

(7) A summary of the rationale and a statement of the DRB's conclusions as to whether any change, correction or modification should be made in the type or character of the discharge or the reason and authority for the discharge; and

(8) A statement of the particular changes, correction, or modification made by the DRB.

Ø  Per Federal Code, 33 CFR Part 51.1 (b) - The Commandant of the Coast Guard is delegated the authority to: Review and take final action on all DRB decisions which are not reviewed by the Secretary.

 Ø  Per Federal Code, 33 CFR Part 51.1 - This part establishes the procedures for review of administrative discharges from the Coast Guard by a Discharge Review Board (DRB) or by the Secretary of the Department, and for the compilation of the record of the DRB determination, made available for public inspection, copying and distribution through the Armed Forces Discharge Review/Correction Board Reading Room.

 Ø  Per Federal Code, 33 CFR Part 51.11 (c) - A copy of the decision of the DRB and the final action thereon is made available for public inspection and copying promptly after a notice of the final decision is sent to the applicant.

 Ø  Per the USCG Judge Advocate General ( United States Coast Guard > Resources > Legal > DRB (uscg.mil) ) - one “may read past DRB decisions that have been redacted to protect the applicant’s privacy at http://boards.law.af.mil.”

Everything about the current improperly led, manned and command-influenced USCG Discharge Review Board is a sham; and a stain on the Coast Guard’s reputation. It demands a complete overhaul.