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.