DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2011-262 
 
XXXXXXXXXXXX. 
xxxxxxxx, MK3 

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  September  29,  2011,  and  subsequently 
prepared the final decision as required by 33 CFR § 52.61(c), with the assistance of staff member 
D. Hale. 
 
 
who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  June  7,  2012,  is  signed  by  the  three  duly  appointed  members 

APPLICANT’S REQUEST 

 
 
 The applicant, a machinery technician third class (MK3), asked the Board to correct his 
record  by  removing  an  administrative  remarks  page  (Page  7)1  documenting  his  underage 
drinking.   He argued that  the Page 7 should be removed because he has  “met the requirements 
for  removal  of  the  document  as  outlined  in  Article  20.B.2.j.2.  of  the  Coast  Guard  Personnel 
Manual.  The applicant stated that he has “demonstrated the utmost maturity as an Officer of the 
Day, Tactical Coxswain, and Boarding Officer” and “is a responsible and reliable member of the 
crew whose youthful indiscretion should no longer reflect in my record.” 

 

SUMMARY OF THE RECORD 

 

 
On June 20, 2008, a Page 7 was placed in the applicant’s record to document an alcohol 
incident  that  occurred  on  June  4,  2008.    The  Page  7  states  that  he  had  attended  a  party  and 
consumed alcohol while being underage.   It also  notes that the applicant  reported to duty more 
than three hours late the following morning and that “alcohol is considered to be a contributing 
factor” to his tardiness.  

 

                                                 
1  A  Page  7  (CG-3307  or  Administrative  Remarks  page)  documents  any  counseling  that  is  provided  to  a  service 
member as well as any other noteworthy events that occur during that member’s military career. 

 

 

 

On October 8, 2009, another Page 7 was placed in the applicant’s record to document an 
alcohol-related  situation  that  occurred  on  September  23,  2009.  The  Page  7  notes  that  the 
applicant  had  consumed  alcohol  within  12  hours  prior  to  being  on  an  alert  duty  status,  in 
violation of a Station Seattle Standing Order.    

 
On July 1, 2011, the applicant asked the Personnel Service Center (PSC-epm) to remove 
from his record the Page 7 relating to his first alcohol incident on June 4, 2008.  He argued that it 
should be removed because the breech of conduct was a moment of indiscretion “that I have not 
repeated since, nor will I ever.”  The request was endorsed by a LT at the applicant’s unit, who 
noted that the applicant’s performance and conduct at the unit have been exemplary. 
 
 
On July 25, 2011, PSC-epm disapproved the applicant’s request for removal of the Page 7 
relating to his first alcohol incident because the incident brought discredit upon the Coast Guard 
and the applicant.   
 

VIEWS OF THE COAST GUARD 

 

On December 29, 2011, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion in which he recommended that the Board deny relief, based on the analysis 
of the case provided in a memorandum from the Commander, PSC.  The PSC recommended that 
relief be denied because the applicant was derelict in his duties for not reporting to work on time 
the  next  morning  due  to  his  consumption  of  alcohol  the  previous  evening.      PSC  noted  that 
approximately  a  year  later  the  applicant  was  involved  in  an  alcohol-related  situation  where  he 
exercised poor judgment by consuming alcohol within 12 hours of being on  alert status duty in 
violation of a standing command order.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  January  17,  2012,  the  Board  mailed  a  copy  of  the  views  of  the  Coast  Guard  to  the 

 
 
applicant and invited him to respond.  The Board did not receive a response.   
 

APPLICABLE LAW 

 

 
Article 20.A.2.d. of the Coast Guard Personnel Manual states that an alcohol incident is 
any 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,2 or is a violation of the Uniform Code of Military Justice, 
Federal, State, or local laws. 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.B.2.j. of the Personnel Manual states that underage drinking is considered an 

 
alcohol incident.  Subsection 2 of this provision states the following: 
 

 

                                                 
2  To  bring  discredit  upon  the  uniformed  services  means  to  injure  the  reputation  of  the  service,  to  bring  it  into 
disrepute, or to lower it in public esteem. Manual for Courts-Martial, part IV § 60c(3).    

 

 

 

A member who receives an alcohol incident solely for underage drinking and did 
not  use or abuse alcohol to  such  an  extent that he or she was unable to  perform 
prescribed  duties  or  brought  discredit  upon  the  Uniformed  Service  may,  after  3 
years, predicated on positive performance, request via the chain of command that 
Commander (CGPC) remove the alcohol incident from his or her record. Removal 
requires  that  the  member  has  had  no  further  alcohol  incidents  in  that  3-year 
period. 

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  applicant  asked  the  Board  to  remove  the  Page  7  documenting  his  underage 
drinking from his record.  He argued that his youthful indiscretion should no longer be reflected 
in his record.  Article 20.B.2.j.2. of the Personnel Manual states that after three years and with no 
further  alcohol  incidents,  a  member  who  receives  an  alcohol  incident  solely  for  underage 
drinking and did not use or abuse alcohol to such an extent that he or she was unable to perform 
prescribed  duties  or  brought  discredit  upon  the  Uniformed  Service  may,  predicated  on  positive 
performance, request via the chain of command that PSC remove the alcohol incident from his or 
her record.   

 
3.   The Board agrees with the Coast Guard that the Page 7 documenting the June 4, 2008 
alcohol  incident  should  not  be  removed  from  the  applicant’s  record  because  the  applicant’s 
underage drinking prevented him from performing his prescribed duties.  Article 20.B.2.j.2 does 
not  allow  for  the  removal  of  an  alcohol  incident  due  to  underage  drinking  if  the  incident 
prevented  the  member  from  performing  their  duties.    In  this  case,  the  record  shows  that  the 
applicant  consumed  alcohol  on June  4,  2008,  and  was  more  than  three  hours  late  reporting  for 
duty  the  following  morning.    The  Page  7  documenting  the  incident  states  that  alcohol  was  a 
contributing  factor  to  his  tardiness.      The  Board  also  notes  that  a  year  after  his  first  alcohol 
incident, the applicant was involved in an alcohol related situation for consuming alcohol within 
12  hours  of  being  on  alert  duty  in  violation  of  a  standing  command  order.    Therefore,  the 
applicant has not met the requirements for removal of the alcohol incident from his record.   

 
4.  Accordingly, the applicant’s request should be denied.   

 

 

 

The  application  of  MK3  XXXXXXXXXXXXX,  USCG,  for  correction  of  his  military 

ORDER 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

  

 

 
 Donna M. Bivona 

 

 

 
 Randall J. Kaplan 

 

 

 
 
 Paul B. Oman 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

record is denied.