Search Decisions

Decision Text

CG | BCMR | Advancement and Promotion | 2004-135
Original file (2004-135.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2004-135 
 
XXXXXXXXXXXXXXXXXX 
 xxxxxxxxxxxxxxxxx 
   

 

 
 

FINAL DECISION 

 
Author:  Hale D. 
 

This  proceeding  was  conducted  under  the  provisions  of  section  1552  of 
title 10 and section 425 of title 14 of the United States Code.  The case was docket-
ed on June 4, 2004, upon the Board’s receipt of the applicant’s completed appli-
cation and military records. 
 
 
appointed members who were designated to serve as the Board in this case. 

This  final  decision,  dated  February  24,  2005,  is  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  who  served  on  active  duty  in  the  Coast  Guard  Reserve 
during  World  War  II,  asked  the  Board  to  change  his  rating  from  electrician’s 
mate, third class (EM3) to electrician’s mate, first class (EM1).  
 
 
The applicant alleged that he should have been promoted to EM1 because 
he  was  the  only  electrician‘s  mate  on  his  ship,  and  an  EM1  normally  held  that 
billet.    He  also  alleged  that  his  ship’s  Commanding  Officer  refused  to  advance 
anyone aboard during his [the applicant’s] service on the ship. 
 
 
The  applicant  did  not  provide  an explanation  of  why  he  waited over  54 
years to submit his application for correction.  On his application to the Board, he 
merely  noted that the  Board  should  consider  his  application  “in  the  interest of 
justice.”  
 

SUMMARY OF THE EVIDENCE 

 
 
The applicant enlisted into the Coast Guard Reserve on December 3, 1942, 
and began serving on active duty on March 17, 1943.  His term of enlistment was 
3 years.  In December 1943, the applicant completed electrician’s mate school and 
was advanced to EM3.  After serving at various shore units, he was assigned to 
permanent duty afloat on LST1 784 on September 1, 1944.  He served on the ship 
until December 22, 1945, and was honorably discharged from the Coast Guard 
on January 8, 1946.  The applicant received good proficiency ratings and perfect 
conduct marks throughout his career, but was never advanced beyond EM3. 
 

The applicant’s service record shows that he served on the U.S.S. LST 784 
and  was  awarded  the  American  Area  Campaign  Medal,  World  War  II  Victory 
Medal, and the Philippine Liberation Medal.  He was also awarded the Asiatic-
Pacific Campaign Medal with two bronze stars for participation in the invasions 
of Iwo Jima and Okinawa.  

VIEWS OF THE COAST GUARD 

 
 
On  October  14,  2004,  the  Judge  Advocate  General  (JAG)  of  the  Coast 
Guard  submitted  an  advisory  opinion  in  which  he  adopted  the  findings  of  the 
Coast  Guard  Personnel  Command  (CGPC)  and  recommended  that  the  Board 
deny the applicant’s request.  
 
 
The JAG argued that the Board should deny relief because the application 
was submitted approximately 54 years after the expiration of the Board’s 3-year 
statute  of  limitations  under  10  U.S.C.  §  1552(b)  and  33  C.F.R.  § 52.22.      In 
addition, JAG stated that the applicant failed to present any evidence that he is 
entitled to the promotion he claims was denied him. 
 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On October 19, 2004, the BCMR sent the applicant a copy of the views of 
the Coast Guard and invited him to respond within 30 days.  A response was not 
received. 
 

FINDINGS AND CONCLUSIONS 

 
 
The Board makes the following findings and conclusions on the basis of 
the applicant's military record and submissions, the Coast Guard's submissions, 
and applicable law: 
                                                 
1 Landing Ship, Tank. 

 

1. 

The  Board  has  jurisdiction  concerning  this  matter  pursuant  to  10 

U.S.C. § 1552.   
 

2. 

An application to the Board must be filed within 3 years of the day 
the applicant discovers the alleged error in his record. 10 U.S.C. § 1552(b).  The 
applicant was discharged in 1946 and knew or should have known that he had 
not been discharged as an EM1.  In this case, the applicant admitted that he was 
aware of the alleged injustice in 1945, and he knew that he was an EM3 upon his 
discharge on January 8, 1946.  Therefore, the Board finds that the application was 
filed  more  than  54  years  after  the  statute  of  limitations  expired.    Thus,  it  was 
untimely. 

 
3. 

Under 10 U.S.C. § 1552(b), the Board may waive the 3-year statute 
of limitations if it is in the interest of justice to do so.  To determine whether it is 
in  the  interest  of  justice  to  waive  the  statute  of  limitations,  the  Board  should 
consider the reasons for the delay and conduct a cursory review of the merits of 
the case. Dickson v. Sec’y of Defense, 68 F.3d 1396 (D.D.C. 1995); Allen v. Card, 799 
F. Supp. 158, 164 (D.D.C. 1992). 

 
4. 

 As  the  JAG  and  CGPC  stated,  the  applicant  has  provided  no 
explanation  for  his  failure  to  request  the  correction  of  the  alleged  error  in  his 
record within 3 years of his discharge, nor has he presented any evidence that he 
is  entitled  to  the  promotion  he  claims  was  denied  him.    The  applicant’s  mere 
assertion that he was entitled to a promotion because he was serving in an EM1 
billet  is  insufficient  to  overcome  the  presumption  that the  Coast  Guard  carried 
out  its  duties  correctly,  lawfully,  and  in  good  faith.    Arens  v.  United  States,  969 
F.2d 1034, 1037 (1993);  Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 1979). 
 
 
Given the long delay and the consequent loss of potential evidence 
that  would  illuminate  the  CO’s  reasoning  for  not  promoting  the  applicant,  the 
Board finds insufficient reason to waive the statute of limitations. 
 

5. 

6. 

Accordingly, the applicant’s request should be denied. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

 
 
 

 

 

ORDER 

 

The  application  for  correction  of  the  military  record  of  former 

XXXXXXXXXXXXXXXXXXXXXXXXX USCGR, is hereby denied.   

 

 
 

 
 

 
 

 
 

 

 
 Harold C. Davis, MD 

 

 

      
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                     Marc J. Weinberger 
 
 

 
 Audrey Roh 

       

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 



Similar Decisions

  • CG | BCMR | Advancement and Promotion | 2001-077

    Original file (2001-077.pdf) Auto-classification: Denied

    The applicant alleged that when he enlisted in the Reserve on November 2, 2000, he asked his recruiter if he could enlist as an E-5. The EM Force Manager, ISC , CGPC, and the Chief Counsel have each determined that, at the time of his enlistment, the applicant was qualified to be enlisted as an EM2/E-5. He has proved that if his recruiter had submitted an E-5 rate determination package for him based on his skills and qualifications, the ISC review panel, CGPC, and the EM Force Manager...

  • CG | BCMR | Other Cases | 2006-051

    Original file (2006-051.pdf) Auto-classification: Denied

    DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. Although the applicant requested that his DD 214 be corrected to show that he retired with 20 years of service, the Board notes that the applicant’s October 31, 1988, DD 214 clearly states that the he was being voluntarily retired from the Coast Guard after completing 20 years of active service. Accordingly, due to the fact that the...

  • CG | BCMR | Other Cases | 2009-143

    Original file (2009-143.pdf) Auto-classification: Denied

    This final decision, dated February 25, 2010, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who was honorably discharged from active duty in the Coast Guard Reserve on May 13, 1946, asked the Board to correct his record by “add[ing] Lenord L. Wood (AKA 141) and (PF15) to USS Annapolis.” The applicant alleged that he discovered the errors in 2000 and that the requested correction would help him to get the Department of Veterans Affairs (DVA) to...

  • CG | BCMR | SRBs | 2005-165

    Original file (2005-165.pdf) Auto-classification: Denied

    of the Coast Guard Training and Education Manual, before reporting to “A” school on January 22, 2000, she needed to obligate sufficient service — 19 more months — to complete the 14 weeks of school and have 26 months remaining on her enlistment upon completion of the school.3 Therefore, the applicant is entitled to have the term of her January 20, 2000, extension contract corrected to 19 months. The Board finds that if the applicant had been properly counseled regarding her SRB eligibility,...

  • CG | BCMR | Advancement and Promotion | 2007-224

    Original file (2007-224.pdf) Auto-classification: Denied

    DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. He also asked the Board to award him the Silver Star or the Silver Lifesaving Medal rather than the Coast Guard Commendation Medal that was awarded to him in 2004 for his heroic service in rescuing Army personnel on March 6, 1945. Otherwise a military award should be considered.” Since the applicant was on active duty and performing military...

  • CG | BCMR | Medals and Awards | 2008-104

    Original file (2008-104.pdf) Auto-classification: Denied

    This final decision, dated December 17, 2008, is approved and signed by the three duly RELIEF REQUESTED AND ALLEGATIONS The applicant asked the Board to correct his record to show that he earned the Good Conduct Medal during his period of service from August 27, 1943 to February 12, 1946. The applicant stated that he is 82 years old and regrets not receiving this award. CGPC stated that if the Board decides to waive the three-year statute of limitations and consider the application on the...

  • CG | BCMR | Discharge and Reenlistment Codes | 2006-046

    Original file (2006-046.pdf) Auto-classification: Denied

    This final decision, dated September 28, 2006, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a fireman second class (FN2) on active duty in the Coast Guard Reserve during World War II, asked the Board to upgrade the character of his discharge from “under honorable conditions” to honorable. (3) Never convicted by general Coast Guard court or more than once by a summary Coast Guard court, or more than twice by a Coast Guard deck court [captain’s mast].”...

  • CG | BCMR | Medals and Awards | 2008-204

    Original file (2008-204.pdf) Auto-classification: Denied

    This final decision, dated October 22, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant1 asked the Board to correct his military record to show that he was awarded a Purple Heart for an injury he received when his ship, the USS CAVALIER, was torpedoed by a Japanese submarine on January 30, 1945. 2007-032, in which the Board ordered the Coast Guard to review the applicant’s record to determine whether he was entitled to a Purple Heart Medal...

  • CG | BCMR | Medals and Awards | 2006-004

    Original file (2006-004.pdf) Auto-classification: Denied

    Except in the case of a prisoner of war, the wound for which the award is made must have required treatment by a medical officer . The Board finds that if the applicant had been treated for shrapnel to the face or any other wound during this period, it is very likely such treatment would have been recorded in the applicant's military record. Therefore, due to the passage of time, the applicant’s less than compelling reasons for the 60-year delay, and the lack of sufficient evidence...

  • CG | BCMR | Advancement and Promotion | 2007-208

    Original file (2007-208.pdf) Auto-classification: Denied

    of the Personnel Manual, which states that when enlisted members are advanced as a result of an administrative error, they “shall be reduced to the correct rate as of the date the erroneous advancement is noted.” The applicant stated that the Coast Guard has never provided a responsive answer to her inquiries about why she was not advanced when YNCM 5 passed her 30th anniversary on November 19, 2002. The applicant also stated that she has never received a satisfactory response to...