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e-CFR data is current as of September 17, 2020

Title 33Chapter ISubchapter BPart 52 → Subpart D


Title 33: Navigation and Navigable Waters
PART 52—BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD


Subpart D—Consideration of Application and Administrative Closure


Contents
§52.31   Consideration of application.
§52.32   Administrative closure.

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§52.31   Consideration of application.

Each application shall be reviewed by the Chair to determine whether it meets the requirements of §52.21 before it is docketed. The Chair shall decide in appropriate cases whether to grant a hearing or to recommend disposition on the merits without a hearing.

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§52.32   Administrative closure.

(a) The Chair may administratively close a case after it has been docketed and at any time prior to its consideration by the Board if the Chair determines that:

(1) The application was erroneously docketed because the application did not meet the criteria under §52.21;

(2) Effective relief cannot be granted by the Board;

(3) The Board does not have jurisdiction to determine the issues presented or the applicant has not exhausted an available administrative remedy, as required under §52.13(b); or

(4) The Coast Guard has granted effective relief satisfactory to the applicant.

(b) Administrative closure does not constitute a denial of relief. Applicants who believe their cases should not have been administratively closed by the Chair may resubmit their applications with a request for further consideration and a statement explaining why the applicant believes his or her case should be docketed and considered by the Board. A request for further consideration shall be regarded as a new application for the purposes of §§52.21 and 52.26.

(c) If the Chair administratively closes a case, the applicant shall be advised of the reason and of the right to resubmit his or her application.

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