in violation of section 920, 920b, or 934 of this title (article 120, 120b, or 134 of the Uniform Code of Military Justice). (2) Evidence Any downgrade under paragraph (1) shall be supported by clear and convincing evidence. (3) Limitation The review board under paragraph (1) may not downgrade a discharge or dismissal of a former member of the Coast Guard if the same action described in paragraph (1) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the Department in which the Coast Guard is operating. (b) Procedural rights (1) In general A review by a board established under section 1553 of title 10 shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board. (2) Evidence by witness A witness may present evidence to the board in person or by affidavit. (3) Appearance before board A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. (4) Notification A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (b)(3) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. . (b) Clerical amendment The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to section 2516 the following: 2517. Review of discharge or dismissal. .