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CG | BCMR | Alcohol and Drug Cases | 2011-183
Original file (2011-183.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. 2011-183 
 
XXXXXXXXXXXXXXX 
XXXXXXXXXXXXXXX 
   

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 June 14, 2011, 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 March 16, 2012, is signed by the three duly appointed members 

APPLICANT’S REQUEST 

 
 
 The applicant asked the Board to correct his military record by removing the September 
14,  2005  administrative  remarks  page  (page  7)  documenting  an  alcohol  incident  because  it  is 
factually  inaccurate.    He  stated  that  he  was  24  years  old  at  the  time  and  therefore  was  not  an 
underage drinker as the page 7 describes.  The page 7 that the applicant acknowledged with his 
signature states the following, in pertinent part: 
 

On August 26, 2005 you received an alcohol incident for which you were known 
to  be  “Drinking  under  Age.”    While  on  Liberty  Status  in  Aruba,  you  were 
consuming alcohol as a minor.  This is in direct violation of Commanding Officer 
Overseas drinking policy . . .    
 
This is considered your first documented incident. 

 
Additional Related Page 7 
 

The  applicant  also  complained  about  a  second  page  7  that  resulted  from  the  erroneous 
conclusion  that  he  was  consuming  alcohol  underage.    The  second  page  7  is  dated  January  23, 
2006, and states the following: 
 

 

 

 

On  (October  1,  2005)  as  a  result  of  an  alcohol  incident  you  were  evaluated  by 
Naval Hospital Charleston . . .  where it was determined that you do not meet the 
criteria  for  a  diagnosis  of  alcohol  abuse  or  substance  dependence.      You  have 
attended and completed IMPACT training.  You have been advised of the contents 
of  Chapter  20,  Personnel  Manual  .  .  .  concerning  the  expected  conduct  of  Coast 
Guard personnel.   

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 a memorandum from the 
Commander, Personnel Service Center (PSC).   
 
 
PSC recommended that the page 7 be expunged from the applicant’s record because it is 
factually inaccurate.  PSC stated that the page 7 erroneously describes the applicant, who was 24 
years old at the time, as “drinking under 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. 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On August  26,  2011,  the  Board  mailed  a  copy  of  the  views  of  the  Coast  Guard  to  the 

 
 
applicant for a response.  The Board did not receive a response.   
 

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. 

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). 
 

2.  The Board  agrees with  the JAG that the page 7 documenting  an alcohol  incident  on 
August 26, 2005, should be removed from the applicant’s record because the applicant who was 
24 years old at the time was not a minor and was not prohibited from consuming alcohol.    The 
Coast Guard admitted that the applicant was over the age of 21 on the day in  question and that 
his consumption of alcohol 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.  The related page 7 dated January 23, 2006, documenting the results of the applicant’s 
medical  evaluation  for  alcohol  dependence  as  a  result  of  the  erroneous  alcohol  incident  should 
also be removed from the applicant’s record.   In this regard, the Board finds that since the Coast 
Guard  has  admitted  that  no  alcohol  incident  occurred,  there  should  have  been  no  referral  for  a 
medical evaluation for alcohol dependence.    
 

4.  Accordingly, the applicant is entitled to relief. 
  

[ORDER AND SIGNATURES ON NEXT PAGE] 

 
 
 
 

 
 

 

 

 

ORDER 

 

 
 

 
 

 
 

 
 

 
 

 

 
Paul B. Oman 

 

The  application  of  XXXXXXXXXXXXXXXX,  for  correction  of  his  military  record  is 
granted.    His  record  shall  be  corrected  by  removing  the  September  14,  2005  Administrative 
Remarks  (page  7)  documenting  his  first  Alcohol  Incident  and  the  January  23,  2006  page  7 
documenting the results of an alcohol abuse and dependence evaluation.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
Jeffrey E. VanOverbeke 

 
 Dorothy J. Ulmer 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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