DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2012-118
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
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 April 12, 2012, and subsequently prepared the
final decision as required by 33 CFR § 52.61(c).
members who were designated to serve as the Board in this case.
This final decision, dated December 21, 2012, is signed by the three duly appointed
APPLICANT’S REQUEST
The applicant asked the Board to correct his military record by removing an August 6,
2003 administrative remarks page (page 7) documenting an alcohol incident and the related
December 9, 2003 page 7 documenting the results of his alcohol screening. He alleged that the
August 6, 2003 page 7 is factually inaccurate because he was 23 years old at the time and 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 20 July 2003, you were consuming alcohol as a minor. The station OOD
received a phone call regarding an inappropriate relationship that occurred after a
party that took place at FN [D’s] apartment. Upon informal investigation, it was
confirmed that you had indeed consumed alcohol. Michigan state law prohibits
the consumption of alcohol by minors.
This is considered your first documented alcohol incident for documentation
purposes . . .
Additional Related Page 7
The related page 7 is dated December 9, 2003, and states the following: “On 12 August
2003 you were screened by the Substance Abuse Rehabilitation Program (SARP) at Naval
Hospital, Great Lakes, IL. SARP determined that you do not meet the DSM-IV diagnostic
criteria for alcohol or other drug dependence or abuse at this time.”
VIEWS OF THE COAST GUARD
On September 6, 2012, the Judge Advocate General (JAG) of the Coast Guard submitted
an advisory opinion in which he recommended granting relief by expunging the page 7
documenting the alcohol incident from the applicant’s record because it is factually inaccurate.
The JAG stated that the page 7 erroneously describes the applicant, who was 23 years old at the
time, as “drinking under age.”
The JAG stated that Article 20.A.2.d. of the Personnel Manual 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] . . ." The JAG
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. The JAG also
recommended removing the December 9, 2003 page 7 documenting the applicant’s alcohol
screening because it was based upon the erroneous alcohol incident documentation.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On October 17, 2012, the applicant responded to the views of the Coast Guard and agreed
with the recommendation that his request should be granted.
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. According to Article 20.B.2.j. of the Personnel Manual (2003) underage drinking is
considered an alcohol incident. In this case, the Board agrees with the JAG that the August 6,
2003 page 7 documenting an alcohol incident on July 20, 2003, should be removed from the
applicant’s record because the applicant was 23 years old at the time of the alleged incident 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 December 9, 2003, 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
The application of XXXXXXXXXXXXX, for correction of his military record is
granted. His record shall be corrected by removing the August 6, 2003 Administrative Remarks
(page 7) documenting his first Alcohol Incident and the December 9, 2003, page 7 documenting
the results of an alcohol abuse and dependence evaluation.
Katia Cervoni
Donna A. Lewis
Lynda K. Pilgrim
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