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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 14 U.S.C. § 2538 Inclusion and command review of information on covered misconduct in personnel service records us united_states_code code_section 14 COAST GUARD 25 PERSONNEL; GENERAL PROVISIONS 2538 14 U.S.C. § 2538 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc14@119-100.zip /us/usc/t14/s2538 data/legal/raw/us/code/title-14/usc14.xml 0ef9a0996e44938c208c505af5c289357949651090a78aef38b398430079583a 0a287809467d795ac0e1a72d6743ea6b1d340c0f74c77c67bfeba10724006304 1812ccbb7321693b0dc80548a144eb13d77a5c7e3675e1cc4d1ddc3aaf7add4f 2026-07-04 official
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14 U.S.C. § 2538 - Inclusion and command review of information on covered misconduct in personnel service records

Text

(a) Information on Reports on Covered Misconduct.— (1) In general.— If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member.

(2) Purpose.— The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order—

(A) to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and

(B) to help inform commissioning or promotability of the member;

(3) Limitation on placement.— A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member.

(4) Construction.— Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.

(b) Command Review of History of Covered Misconduct.— (1) In general.— Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member.

(2) Covered member defined.— In this subsection, the term “covered member” means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A).11 So in original. Probably should be “paragraph (1).”.

(c) Review of Personnel Service Record to Determine Suitability for Civilian Employment.— Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the Coast Guard Authorization Act of 2025 to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.

(Added Pub. L. 11960, div. G, title LXXV, § 7511(a), Dec. 18, 2025, 139 Stat. 1806.)

Notes

Editorial Notes

References in TextThe date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (c), is the date of enactment of div. G of Pub. L. 11960, which was approved Dec. 18, 2025.