ALCGPSC - 054/20 - COVID-19: ADMINISTRATIVE DISCHARGE BOARDS CONTINUITY OF OPERATIONS

united states coast guard

R 12 MAY 20

ALCGPSC 054/20
SUBJ: COVID-19: ADMINISTRATIVE DISCHARGE BOARDS CONTINUITY OF OPERATIONS 
A.	MILITARY SEPARATIONS, COMDTINST M1000.4 (series)
B.	ENLISTED PERSONNEL ADMINISTRATIVE BOARDS MANUAL, PSCINST M1910.1
C.	ALCOAST 098/20 COVID-19 TRAVEL AND LEAVE POLICY-UPDATE
D.	SECRETARY OF DEFENSE MEMORANDUM “MODIFICATION AND REISSUANCE OF DOD 
RESPONSE TO CORONAVIRUS DISEASE 2019 – TRAVEL RESTRICTIONS” DATED 20 APRIL 
2020


1. BLUF:  Notwithstanding restrictions on travel during the COVID-19 outbreak, commanding 
officers may still convene administrative discharge boards when required by reference (a).  If a 
command determines that an in-person administrative discharge board cannot be convened 
that meets the recommended time goals of reference (b) while balancing the travel limitations 
of references (c) and (d) and social distancing guidelines, they should review reference (b) 
guidelines on the use of video technology for board hearings.
2. Enlisted members who are entitled to appear before an administrative discharge board 
covered by reference (b) are entitled to be represented by a military lawyer at no cost to the 
member. If the member chooses to be represented by a military lawyer, the Coast Guard Office 
of Legal Assistance and Defense Services (CG-LMA-D) will detail a Coast Guard or Navy judge 
advocate qualified under Article 27(b) of the Uniform Code of Military Justice (UCMJ). At this 
time, both the Coast Guard and the Department of Defense, in references (c) and (d), have 
imposed travel restrictions to promote personnel safety and to minimize the potential spread 
of the COVID-19 virus. 
3. Paragraph 4.a. of reference (c) permits Coast Guard members to engage in “official travel” 
within the U.S. if determined by their CO/OIC or first O-6 in their chain of command that the 
travel is “mission-essential, necessary for humanitarian reasons, or warranted due to extreme 
hardship.” Administrative discharge boards are time-sensitive. Recommended time goals for 
administrative boards covered by reference (b) are set out in Article 1.I.2.; board hearings 
should begin no later than 60 calendar days after a member has been notified that the Coast 
Guard’s intent to pursue administrative action.  Fair and timely administrative discharge boards 
are mission essential to ensure the member (respondent) and command equities are 
sufficiently protected. Commands and boards should strive to adhere to the administrative time 
goals for administrative boards as closely as possible.  
4. Use of Video Technology. Article 5.B.2. of reference (b) authorizes convening authorities to 
direct administrative discharge boards to use video technology when such technology is 
“beneficial to the proceedings.”  Use of video technology, in accordance with Article 5.B.2. of 
reference (b), provides for adequate representation of respondents. Article 5.B.2. of reference 
(b) authorizes remote participation in administrative discharge board proceedings by 
respondents, witnesses, and other participants in the hearing including board members, 
recorders and respondent’s counsel. Article 5.B.2. of reference (b) does not require 
respondents and their counsel to be co-located when participating in video technology assisted 
hearings. However, commands using video technology should make best efforts to arrange for 
respondents and their counsel to be co-located during an administrative discharge board 
hearing, if requested by the respondent and when doing so does not unduly delay the 
proceeding. Prior to authorizing the use of video technology for an administrative discharge 
board, the appropriate command’s Staff Judge Advocate shall consult with PSC Legal. 
5. Additional Guidance. The term “video technology” as used in Article 5.B.2. of reference (b) is 
generic and does not prescribe a specific brand or type of video conferencing technology.  
Convening authorities and board presidents should ensure that whatever technology is utilized 
is reliable.  Respondents and their counsel must be able to see and speak to the board 
members during the proceedings and the board members must be able to see and speak to 
respondents and their counsel during the proceedings. If not present in the same location, 
respondents and their counsel must have a reliable means of communicating confidentially 
during breaks in the board proceedings. Board presidents will liberally grant recesses to 
facilitate these communications. These opportunities for confidential communication are 
additional to the capability in some modern teleconferencing applications for participants to 
communicate directly with one another in real time during the teleconference. Convening 
authorities and board presidents who determine the use of video technology is beneficial to the 
proceedings shall document that decision and their rationale and include this documentation as 
an Exhibit to the Board Report, along with any comments or objections from the respondent 
concerning that determination. 

6. Exchanging, reviewing and preserving evidence in the record of the board hearing as required 
by reference (b) requires additional care if hearing participants are not co-located. Boards must 
follow the same basic procedures employed for in-person hearings, with processes and 
procedures established by the board president to facilitate the filing of documents 
electronically or via fax due to the remote nature of the video technology hearing. Board 
presidents and recorders participating in hearings facilitated by video technology should plan 
for and facilitate efficient and secure transmission of evidence, objections, and decisions made 
by the board, the recorder and respondents’ counsel during a board hearing. Board members 
are prohibited from reviewing evidence prior to the hearing in accordance with Article 4.D.3. of 
reference (b).

7. Article 2.F. of reference (b) requires convening authorities to send message traffic when a 
member elects to appear before an administrative discharge board. Convening authorities are 
required to state where the respondent will be assigned during the administrative board 
proceedings; CG-LMA-D uses that information when they detail a Coast Guard or Navy judge 
advocate to represent the respondent. 

8. Questions regarding policy on administrative board procedure should first be addressed to a 
command’s SJA.  SJAs and commands may also direct questions to CG PSC-EPM-1, Mr. Mike 
Tollefson [(202) 795-6566 and Michael.E.Tollefson@uscg.mil], CG PSC-RPM, LT Tracey Norman 
[(202) 795-6507 and Tracey.E.Norman@uscg.mil], and the CG LSC-PSC-SJA, CDR Sean Fahey 
[(202) 795-6420 and Sean.C.Fahey@uscg.mil] or Mr. Tom Beistle [(202) 795-6419 and 
Thomas.D.Beistle@uscg.mil]. Questions regarding assignment of Coast Guard or Navy counsel 
to represent a member at an administrative board should be directed to CG-LMA-D, CDR Jeff 
Janaro [(202) 372-3750 and Jeff.G.Janaro@uscg.mil].

9. Released by: CAPT G.T. Prestidge, Commander, CG Personnel Service Center. 

10. Internet release is authorized.