DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2011-004 
 
XXXXXXXXXXXXXX. 
XXXXXX, DC1  
   

FINAL DECISION 

 
 
This proceeding was conducted according to the provisions of section 1552 of title 10 and 
section  425  of  title  14  of  the  United  States  Code.    The  Chair  docketed  the  application  upon 
receipt of the applicant’s completed application on October 13, 2010, and subsequently prepared 
the final decision as required by 33 CFR § 52.61(c). 
 
 
who were designated to serve as the Board in this case. 
 

This final decision, dated July 14, 2011, is signed by the three duly appointed members 

 

 
 

 

APPLICANT’S REQUEST 

 
 
 The applicant asked the Board to correct his military record by removing the “[a]lcohol 
incident dated 25 JAN 02, which I believe to be unjust.”   The alcohol incident is recorded on an 
administrative remarks page (page 7) dated January 25, 2002.  The subject page 7, which the 
applicant acknowledged with his signature, documents the applicant’s first alcohol incident and 
states the following: 
 

You were referred to the Command Drug and Alcohol Representative (CDAR) on 
board CGC RELIANCE for evaluation.  On 11 Dec 01, while temporarily lodged 
at TRACEN Cape May, you admittedly consumed alcohol at the enlisted club.  An 
underage Coast Guard member was present with you.  Coast Guard regulations 
and state law prohibit the use of alcohol by minors.  Your behavior in this matter 
will  not  be  tolerated.    You  were  counseled  on  policies  concerning  alcohol 
use/abuse and the serious nature of this incident.  You will be screened by CAAC, 
Naval  Station  Newport  R.I.  on  25Feb02.    You  are  to  continue  to  abstain  from 
alcohol until your relationship with alcohol can be determined.  This is considered 
your  first  alcohol  incident  for  documentation  purposes,  per  Chapter  20  of  the 
Personnel Manual, CODTINST M1000.6 (series).  Any further alcohol incidents 
or use of alcohol as a minor may result in your separation from the U.S. Coast 
Guard.   

Additional Related Page 7 
 

The military  record provided to the Board contains a second page 7 dated January 25, 
2002  regarding  the  same  incident.    Neither  the  applicant  nor  the  Coast  Guard  specifically 
addressed this page 7, which states the following: 
 

On 14 Jan02 you were referred to the Command Drug and Alcohol Representative 
(CDAR)  onboard  CGC  RELIANCE  for  evaluation.    On  11  DEC  01,  while  at 
TRACEN Cape May awaiting transportation to the RELIANCE, you admittedly 
got inebriated at the enlisted club, and allowed an underage Coast Guard member 
to  consume  alcohol  in  your  presence.   This  action  reflects  poorly  on  the  Coast 
Guard, CGC RELIANCE, and yourself and will not be tolerated.   
 
You  were  counseled  on  policies  concerning  alcohol  use/abuse  and  the  serious 
nature of this incident.  You will be screened by CAAC, NAS BRUNSWICK on 
12 FEB 02.  You are to abstain from alcohol until your relationship with alcohol 
can  be  determined. 
  This  is  considered  your  first  alcohol  incident  for 
documentation purposes, per Chapter 20 of the Personnel Manual . . .  Any further 
alcohol incidents may result in your separation from the Coast Guard.   

 

APPLICANT’S ALLEGATIONS 

 

 
The applicant alleged that the incident described on the page 7 does not meet the criteria 
for an alcohol incident as defined in Article 20.A.2.d. of the Personnel Manual.  He asserted that 
the page 7 inaccurately describes him as an underage drinker, when he was 27 years of age at the 
time of that incident.  He also asserted that the page 7 inaccurately states that an underage person 
was with him.  The applicant denied that the underage member was with him or that he bought 
alcohol beverages for any underage person.  The applicant stated that at the time he was with SN 
P who was 21 years of age.  The applicant stated that he never agreed that the incident was an 
alcohol incident, but he was pressured into signing the entry by a third class petty officer.   
 
 
SN P who was with the applicant on the night in question wrote the following:  “I was 
with [the applicant] on the night in question, at the small club on base at Cape May New Jersey.  
At  no  time  during  the  night  did  [the  applicant]  provide  alcohol  to  [the  underage  member]  or 
anyone else underage or otherwise.”   
 

VIEWS OF THE COAST GUARD 

 
 
On January 5, 2011, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion in which he recommended relief in accordance with the memorandum from the 
Commander, Personnel Service Center (PSC).   
 
 
PSC stated that as written, the subject page 7 does not state that the applicant provided 
alcohol to a minor or in any way contributed to the delinquency of a minor.  Rather, the page 7 
only  documented  that,  “An  underage  Coast  Guard  member  was  present  with  you  while  “you 
admittedly consumed alcohol at the enlisted club.”  PSC stated that the applicant’s consumption 

of an alcoholic beverage in the presence of an underage person was not tantamount to an alcohol 
incident, particularly since the applicant was of legal age.      
 

PSC  stated  that  Article  20.A.2.d.  defines  an  Alcohol  Incident  as  "[a]ny  behavior,  in 
which alcohol is determined, by the commanding officer,  to be a significant or causative factor 
that results in the member's loss of ability to perform assigned duties, brings discredit upon the 
uniformed services, or is a violation of [law] . . ."  PSC stated that the details of the subject page 
7 fail to document an alcohol incident as defined in the Personnel Manual and should therefore 
be expunged from the applicant’s record or amended and resubmitted. 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On  January  11,  2011,  the  applicant  responded  to  the  views  of  the  Coast  Guard.    He 
agreed with the recommendation that the alcohol incident documented on a January 25, 2002, 
page 7 should be removed from his record.  The applicant disagreed with the suggestion that the 
page 7 should be amended or resubmitted.  He argued that an amendment to or resubmission of 
the page 7 would not cure the fact that his action on the night in question did not constitute an 
alcohol incident.   
 

 

 
 

APPLICABLE LAW 

 
 
Article  20.A.2.d.1.  defines  a  Alcohol  Incident  as  "[a]ny  behavior,  in  which  alcohol  is 
determined, by the commanding officer,  to be a significant or causative factor that results in the 
member's loss of ability to perform assigned duties, brings discredit upon the uniformed services, 
or is a violation of [law].  The member need not be found guilty at court-martial, in a civilian 
court,  or  be  awarded  non-judicial  punishment  for  the  behavior  to  be  considered  an  alcohol 
incident.   
 
 
Article 20.A.2.d.2. states that the member must actually consume alcohol for an alcohol 
incident to have occurred.  Simply being present where alcohol is consumed does not constitute 
an alcohol incident. . . .  Purchasing alcohol for use by minors is not an alcohol incident, but does 
represent  a  serious  breach  of  discipline  and  subjects  the  member  to  civil  or  military  (UCMJ) 
penalties.   
 

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: 
 

The Board has jurisdiction concerning this matter pursuant to section 1552 of title 
10 of the United States Code.  The application was timely under Detweiler v. Pena, 38 F.3d 591, 
598 (D.C. Cir. 1994) (holding that, under § 205 of the Soldiers’ and Sailors’ Civil Relief Act of 
1940,  the  BCMR’s  three-year  limitations  period  under  10  U.S.C.  §  1552(b)  is  tolled  during  a 
member’s active duty service). 

1. 

2.  The Board agrees with the JAG that the page 7 documenting an alcohol incident on 
January 14, 2002 should be removed from the applicant’s record. The Board finds the evidence 
of record  is insufficient  to support a  conclusion  that the applicant was involved in an  alcohol 
incident  on  January  14,  2002,  by  being  an  underage  drinker  or  by  consuming  alcohol  in  the 
presence of an underage member.  The Coast Guard admitted that the applicant was over the age 
of 21 on the day in question and that his consumption of alcohol in the presence of an underage 
member did not constitute an alcohol incident.    Therefore, the Board finds that the page 7 fails 
to describe conduct on the part of the applicant that meets the definition of an alcohol-incident.      

 
3.  As noted earlier, a second page 7 documenting the same incident is included in the 
copy of the military record provided to the Board by the Coast Guard.  The second page 7 is 
worded only slightly differently from the first.  It states that the applicant became inebriated and 
allowed an underage Coast Guard member to consume alcohol in his presence, whereas the first 
page  7  stated  that  “[the  applicant]  admittedly  consumed  alcohol  at  the  enlisted  club.    An 
underage Coast Guard member was present with [him].”  Since the Coast Guard has admitted 
that the circumstances described on the first page 7 failed to meet the definition of an alcohol 
incident,  the  Board  finds  that  the  second  page  7  describing  the  same  incident  with  almost 
identical language should also be removed.  Neither page 7 states that the applicant gave alcohol 
to the underage member, knew the age of the then-underage member, or had any responsibility 
for the underage member.  In fact, the applicant denied that the underage member was with him.  
Therefore, the Board finds that both page 7s failed to describe an alcohol incident as defined by 
the Personnel Manual and should be removed.1   

 
4.  The Board will not order the page 7s to be amended or resubmitted as suggested by 
the Coast Guard.  The page7s were prepared in 2002, and no evidence has been presented that 
the individuals with knowledge of the incident and responsibility for preparing the page 7 are 
available to corroborate the content for any substitute page 7.     

 
5.  Accordingly, the applicant is entitled to relief. 
  

 
 
 
 

 
 

[ORDER AND SIGNATURES APPEAR ON FOLLOWING PAGE] 

                                                 
1  The Office of the JAG agreed that the second page 7 should also be removed from the applicant’s record 
in a discussion with the BCMR staff.   

 

ORDER 

 

 

 

 

 

 
 
 Troy D. Byers 

The application of DC1 XXXXXXXXXXXXXXX, USCG, for correction of his military 
record is granted.  His record shall be corrected by removing the two Administrative Remarks 
(page 7s) dated January 25, 2002, documenting his first Alcohol Incident. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 

 
 Francis H. Esposito 

 
 Dana Ledger