DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2002-036
Zzzz, Xxx X., xxxxxxxxxxx
aka Xxxx, Xxx X., xxxxxxx, SC3c(R) (former)
FINAL DECISION
ANDREWS, Deputy Chair:
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 docketed on January
9, 2002, upon the Board’s receipt of the applicant’s completed application and military
records.
appointed members who were designated to serve as the Board in this case.
This final decision, dated September 26, 2002, is signed by the three duly
APPLICANT’S REQUEST AND ALELGATIONS
The applicant, Xxx X. Zzzz, alleged that he served in the Coast Guard Reserve
during World War II under an erroneous name, Xxx X. Xxxx. He asked the Board to
change the name on his discharge form from Xxx X. Xxxx to Xxx X. Zzzz. The applicant
stated that his true last name was and is Zzzz.
The applicant also asked the Board to upgrade the character of his May 29, 1946,
discharge from “under honorable conditions” to honorable. He alleged that he should
have received an honorable discharge, but his discharge was characterized as “under
honorable conditions” without sufficient cause. He alleged that he performed “good
honorable duty.” He further alleged that he accepted the “under honorable conditions”
discharge—which resulted from his once returning to his ship from shore leave less
than 30 minutes late—because fighting it would have involved “lengthy due process.”
SUMMARY OF THE RECORD CONCERNING THE APPLICANT’S IDENTITY
Military Record
On January 24, 1945, Xxx Xxx Xxxx enlisted in the Coast Guard Reserve, signing
that name to all of his enlistment documents. His enlistment papers show that he was
born in xxxxxxxxxx, New York, on February xx, 1927, to Ffffffff and Ggggg Xxxx.
Because he was a minor, his father had to sign a consent form to allow him to enlist, and
the signature indicates that his father’s name was Ggggg Xxxx.
The name Zzzz never appears in the military record of Xxx Xxx Xxxx, who was
discharged “under honorable conditions” on May 29, 1946. The military record also
contains a photograph of Xxx Xxx Xxxx at the time of his enlistment.
Applicant’s Submissions
In support of his allegations, the applicant submitted a photocopy of a New York
State Certificate of Birth for Xxx Zzzz, with no middle name or initial provided. The
certificate was issued on March xx, 1927, and it shows the same town and date of birth
that appear in the military record of Xxx Xxx Xxxx. The name of the father on the birth
certificate is Ggggg Zzzz, and the name of the mother on the birth certificate is Xxxxx
Eeeee Zzzz. In response to the advisory opinion of the Chief Counsel of the Coast
Guard concerning his request (which is attached to this Final Decision below), the
applicant also submitted a copy of this same birth certificate with a signed stamp from
the New Jersey Board of Veterans Services certifying that it is “a true and exact copy of
the original document (or a certified copy issued by a public custodian [unreadable
word]) that I have personally examined.”
The applicant also submitted photocopies of several documents and identity
cards from New Jersey State administrative, police, and veterans departments showing
his name as either Xxxxx Zzzz or Xxxxx X. Zzzz. One such document shows that in
xxxx, he received a “xxxxxxxxxx Award” for being one of the “xxxxxxxxxxxxxxxxxx.”
One of the identity cards bears the applicant’s photograph, which strongly resembles
the photograph of Xxx Xxx Xxxx in the military record.1 In addition, the applicant’s
1 In a telephone conversation with the Deputy Chair of the Board on September 16, 2002, Mr. Zzzz
explained that when he was a child, many Americans mistook his Italian surname Zzzz for Yyyy or Xxxx,
and his family gradually adopted the latter name. His older brothers enlisted under the name Xxxx, and
his older brothers and father worked for the Pennsylvania Railroad under the name Xxxx. When he
enlisted, he used the last name Xxxx because his brothers had. He explained that he received his middle
name, Xxx, when he was confirmed as a child. He stated that his mother’s maiden name was Eeeee
Xxxxx. Eeeee was “Americanized” to Ffffffff, and her maiden name was reversed on his birth certificate.
He stated that he reverted to using his real last name, Zzzz, when he married in 19xx because his wife
preferred it.
The views of the Coast Guard with respect to the requested name change are
signature of “Xxx X. Zzzz” on his application form is very similar to the signatures in
the military record of Xxx Xxx Xxxx.
Views of the Coast Guard
attached to this Final Decision below.
Applicable Law
Personnel Bulletin No. 57-44, which was in effect from April 6, 1944, to May 26,
1948, provided instructions on completing a member’s discharge papers. No specific
instruction is provided regarding a member’s name. Under current regulations in
COMDTINST M1900.4D, the DD form 214 is supposed to show the member’s legal
name at the time of his discharge.
SUMMARY OF THE RECORD
CONCERNING THE CHARACTER OF DISCHARGE
Military Record
Xxx Xxx Xxxx enlisted in the Reserve for three years on January 24, 1945. Upon
completing basic training in May 1945, he was assigned to the U.S.S. Xxxxx as a seaman
second class. On October 23, 1945, he was taken to “deck court” for being absent
without leave (AWOL) “on or about 18 October, 1945 until 0330, 18 Oct. 1945.” He pled
guilty and was sentenced to perform an extra 12 hours of police duties and to lose $12
of pay per month for two months.
On January 5, 1946, Mr. Xxxx was transferred to the repair base at Constitution
Wharf. On January 30, 1946, he was transferred to the U.S.S. Xxxxxxx. On March 19,
1946, he was advanced to seaman first class, and on March 29, 1946, he was transferred
to the U.S.S. Xxxxxxxxxxxxxxxx. On April 16, 1946, he was advanced to the rating ship’s
cook third class (SC3c).
On May 29, 1946, Mr. Xxxx was discharged “under honorable conditions” for the
convenience of the government. During his time in service, he had received the
American Area Campaign Ribbon, the European-African-Middle Eastern Area Cam-
paign Ribbon, and the World War II Victory Ribbon. He had also received one conduct
mark of 1.5 (on a 4.0 scale) for the period during which he was AWOL from the Xxxxx.
His eleven other conduct marks are all 4.0s. His proficiency in rating (PIR) marks were
primarily 3.0s, with two 3.5s in the spring before his discharge and a 1.5 for the period
during which he was AWOL from the Xxxxx. A Termination of Service form in his
The views of the Coast Guard with respect to the requested upgrade of the char-
record indicates that his final average PIR mark was 2.85 and his final average conduct
mark was 3.79.
Views of the Coast Guard
acter of discharge are attached to this final decision below.
Applicable Law
During World War II, the Coast Guard functioned under the auspices of the
Navy, pursuant to 14 U.S.C. §§ 1, 3. However, the applicant was discharged from the
Coast Guard in 1946, after it had reverted to the Department of the Treasury and oper-
ated under its own rules. Executive Order No. 9666, December 28, 1945.
Article 583 of the 1940 Regulations for the United States Coast Guard states that
“[t]he Commandant, without recourse to a board, may direct the discharge of an
enlisted man under honorable conditions for the convenience of the government.”
Article 584(4) of the 1940 Regulations provided that honorable discharges were
awarded under any of five conditions: expiration of enlistment; convenience of the gov-
ernment; hardship; minority (age); and disability not the result of own misconduct. A
general discharge could be awarded “for the same [five] reasons as an honorable dis-
charge and issued to individuals whose conduct and performance of duty have been
satisfactory but not sufficiently deserving or meritorious to warrant an honorable dis-
charge.”
Personnel Bulletin No. 4-46, issued on January 10, 1946, provided that a member
discharged for the convenience of the government after April 6, 1944, would receive an
honorable discharge if he was “never convicted by a General Court Marital or more
than once by a Summary Court Martial” and had a final average PIR mark of at least 3.0
and a final average conduct mark of at least 3.25. The bulletin does not mention deck
courts.
Prior to this time, under Article 4592 of the 1934 Personnel Instructions, members
discharged for the convenience of the government could receive an honorable discharge
with a final average PIR mark of “not less than 2.75” and a final average conduct mark
of at least 3.0 if they were “[n]ever 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.”
On June 12, 1946, the Commandant issued ALCOAST (P) 101, which cancelled
the new, higher PIR mark requirement for an honorable discharge in Personnel Bulletin
No. 4.-46. The ALCOAST stated the following:
Effective immediately [PIR] mark for honorable discharge will be [2.75] instead of [3.0].
Make changes in PB No. 4-46 … . This change retroactive to 6 April 1944. Any individ-
ual discharged on or subsequent to 6 April 1944 with discharge under honorable condi-
tions … solely because [PIR] mark was below [3.0] but mark [2.75] or above may forward
his certificate of discharge to [Headquarters] with request that he be issued an honorable
discharge form … . The matter will be given the widest publicity.
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 appli-
cable law:
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 three years after the
applicant discovers the alleged error in his record. 10 U.S.C. § 1552. The applicant
apparently signed and received his discharge papers with the name Xxx Xxx Xxxx and
an “under honorable conditions” character of discharge in 1946. Thus, his application
was untimely by more than 50 years.
3.
Pursuant to 10 U.S.C. § 1552, the Board may waive the three-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 rea-
son for the applicant’s delay and conduct a cursory review of the merits of the case.
Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 1992). Although the applicant did not
explain why he did not apply sooner for the requested corrections, a cursory review of
the record indicates that the applicant served in and was discharged from the Coast
Guard Reserve under an erroneous name and that his character of discharge was unjust.
Therefore, the Board finds that it is in the interest of justice to waive the statute of limi-
tations in this case.
4.
The Chief Counsel of the Coast Guard recommended that the Board deny
the requested name change for lack of proof. He stated that “at a minimum,” a certified
copy of a birth certificate might be considered sufficient evidence of the applicant’s
legal name at the time of his enlistment. In response, the applicant has submitted a cer-
tified copy of the birth certificate of Xxx Zzzz. On it, the place and date of birth and the
father’s first name are the same as those provided by Xxx Xxx Xxxx upon his enlistment.
Moreover, the photographs and signatures of Xxx Xxx Xxxx and Xxx Xxx Zzzz are
strikingly similar even though more than 50 years have passed. Therefore, the
applicant, Mr. Zzzz, has proved to the Board’s satisfaction that he is in fact the Xxx Xxx
Xxxx who served in the Coast Guard Reserve from January 24, 1945, to May 29, 1946.
Moreover, the Board concludes that, although the applicant enlisted and served in the
Reserve with the last name Xxxx, his legal name at that time was Zzzz.
5.
The applicant has proved that his military record contains an error in that
his last name should be Zzzz instead of Xxxx. Although he himself caused this error,
there is no evidence in the record that he intended to defraud the government by serv-
ing under the name Xxxx instead of his legal name. The record indicates that his family
was using the name Xxxx at the time, and his father consented to his enlistment under
the name Xxxx.
6.
Although the applicant caused the error and waited more than 50 years to
correct the error, the Board finds that it is in the interest of justice to correct his dis-
charge papers to reflect his legal name. The applicant has a compelling interest in cor-
recting the record for posterity and his family’s sake.
7.
Under Personnel Bulletin No. 4-46, issued on January 10, 1946, a member
discharged for the convenience of the government on May 29, 1946, whose final average
PIR mark was less than 3.0 or whose final average conduct mark was less than 3.25
would not receive an honorable discharge. Because the applicant had once been AWOL
for a short period, he had received both conduct and PIR marks of 1.5, and that one low
PIR mark brought his final average down to 2.85, disqualifying him for an honorable
discharge. However, on June 12, 1946, the Commandant issued ALCOAST (P) 101, can-
celing the higher PIR mark requirement for an honorable discharge in Personnel Bulle-
tin No. 4-46 and retroactively permitting honorable discharges for members discharged
for the convenience of the government with final average PIR marks of at least 2.75.
Therefore, the Board finds that the applicant’s discharge “under honorable conditions”
is erroneous and unjust.
8.
Accordingly, relief should be granted.
ORDER
The application for correction of the military record of former SC3c Xxx Xxx
Xxxx, xxxxxxxxxxxxxxxxxxx, USCGR, is granted.
His military record shall be corrected to show that he received an honorable dis-
charge from the Coast Guard Reserve and that at the time of his discharge his last name
was Zzzz instead of Xxxx. The Coast Guard shall issue him papers showing that he was
honorably discharged with the name Zzzz, instead of Xxxx. The Coast Guard need not
correct the applicant’s last name on every page of his military record, but copies of the
corrected discharge papers and of this final decision shall be placed in his military
record.
Nilza F. Velazquez
L. L. Sutter
Blane A. Workie
Memorandum
Subject: ADVISORY OPINION IN
CGBCMR DOCKET NO. 2002-036 (ZZZZZ)
From: Chief Counsel, U.S. Coast Guard
Date:
Reply to
Attn. Of:
5420/3
G-LMJ
x7-0116
To: Chairman, Board for Correction
of Military Records (C-60)
Ref: (a) Applicant's DD Form 149 filed 18 June 2001
1. Adopting the analysis of Commander, Coast Guard Personnel Command (en-
closure 1), I request that you accept that analysis and the following additional
comments as the Coast Guard’s advisory opinion recommending partial relief.
2. Summary of Facts: See Matters of Record in enclosure (1).
3. Summary of Analysis: For the reasons discussed in enclosure (1), the Coast
Guard has no objection to upgrading the Applicant’s discharge characteriza-
tion to indicate that the Applicant received an Honorable discharge for the
convenience of the government. With respect to the Applicant’s other request
– that his discharge certificate be corrected to reflect his legal name – the Coast
Guard recommends denying relief based on untimeliness and lack of merit.
4. Analysis of the Case
a. This Application Should be Dismissed for Untimeliness
1. Under 10 U.S.C. § 1552(b) and 33 C.F.R.§ 52.22, an application must be
filed within three years of the date that the alleged error or injustice
was, or should have been, discovered. If there had been an error
regarding Applicant’s last name as it appears throughout his military
record, including on his enlistment and discharge certificates, Applicant
should have been aware of that error, at the latest, when he received his
discharge certificate in 1946.
2. If an application is untimely, the applicant must set forth in the appli-
cation a reason why its acceptance is in the interest of justice. In addi-
tion, the Board must deny relief unless the applicant provides sufficient
evidence to warrant a finding that it would be in the interest of justice
to excuse the failure to file timely. In making that determination, the
Board should consider the reasons (or lack of reasons) for delay and a
cursory review of the potential merits of the claim. See Dickson v. Sec-
retary of Defense, 68 F.3d 1396 (D.C. Cir. 1995). Applicant has submit-
ted no reason why this Application should be accepted now and, as dis-
cussed infra, Applicant has failed to offer substantial evidence that the
Coast Guard committed either an error or injustice in this case. There-
fore, the BCMR should dismiss this case.
b. Applicant’s Contention of Error
1. Contention: Applicant requests that his discharge certificate be cor-
rected to reflect “Xxx Xxx Zzzz” vice “Xxx X. Xxxx.” Applicant asserts
that “Xxx Xxx Zzzz” is his legal name and has provided various
documents to support that assertion.
2. Analysis: The Coast Guard rejects Applicant’s allegation of error for
several reasons. First, Applicant asserts that “Xxx Xxx Zzzz” is his legal
name. The Coast Guard does not dispute that fact based on the
documents that Applicant has provided in the name “Xxx Xxx Zzzz” –
most significantly is an uncertified State of New York certificate of birth
and a New Jersey driver’s license. Clearly, “Xxx Xxx Zzzz” is the
Applicant’s legal name. However, as stated in enclosure (1), the Coast
Guard does not amend service records to reflect changes in name that
occurred after a member has left the service. To do so, would be incon-
sistent with COMDTINST M1900.4D which states “[t]he DD form 214
provides the member and the service with a concise record of a period
of service with the Armed Forces at the time of the member’s separa-
tion or discharge.” (Emphasis added). Indeed, the overwhelming evi-
dence contained in the Applicant’s service record establishes that
Applicant’s name throughout his military service was “Xxx X. Xxxx”
and, even if it wasn’t his legal name,2 the evidence is clear that the
Applicant had assumed that name. For example, the Applicant signed
his “enlistment contract” and “Application for Enlistment” as “Xxx X.
Xxxx.” Even more notable, is the fact that the Applicant’s parents
names are included in those documents as “Ffffffff Xxxx” and “Ggggg
Xxxx.” And, in the “Application for Enlistment,” the Applicant’s father,
in giving his parental consent for his son, the Applicant, to enlist in the
U.S. Coast Guard, fills in and signs his name “Ggggg Xxxx.”
2 The only evidence suggesting that “Xxx X. Xxxx” was not Applicant’s legal name at the time of his
Coast Guard enlistment is an uncertified birth certificate that the Applicant submitted with his
Application. At a minimum, the Coast Guard may consider a certified birth certificate issued before
the date of Applicant’s enlistment in the U.S. Coast Guard as sufficient evidence that the Applicant’s
legal name was “Xxx Xxx Zzzz” at the time of his enlistment.
5. Recommendation: With respect to Applicant’s request to have his discharge
certificate reissued in the name “Xxx Xxx Zzzz”, the Coast Guard recommends
that the Board dismiss this case with prejudice based on the three-year time bar.
In the alternative, the Coast Guard recommends that the Board deny relief for
lack of proof. As for the Applicant’s other request regarding his discharge char-
acterization, the Coast Guard recommends that the Applicant’s discharge char-
acterization be changed to reflect that the Applicant received an Honorable dis-
charge for the convenience of the government.
Encl:
By direction
G. T. VACHON
(1) CGPC ltr dtd 11 June 2002
(2) Applicant’s Service Record
States
Commander
United
Personnel Command
Coast
Guard
2100 Second Street, S.W.
Washington, DC 20593-0001
Symbol: CGPC-adm-2
Staff
Phone:
267-6969
FAX: (202) 267-4381
(202)
5420
Commandant (G-LMJ)
(a) CGBCMR Application 2002-036
From: Commander, Coast Guard Personnel Command
To:
Subj: PROGRAM INPUT ON CGBCMR APPLICATION (ZZZZZ)
Ref:
1. Comments on the application contained in reference (a) are attached as enclosure (1).
2. I recommend relief be granted.
Acting
Encl: (1) Comments concerning CGBCMR Application 2002-032
D. A. DiIULIO
Enclosure 1 - CGBCMR 2002-036
RELIEF REQUESTED BY APPLICANT:
1. The applicant requests “a discharge paper in my legal name of Xxx Xxx Zzzz not
Xxx X. Xxxx.” Applicant also requests his Under Honorable Conditions discharge
be upgraded to Honorable.
APPLICANT’S STATED BASIS FOR RELIEF:
1. The applicant states he received an Under Honorable Conditions discharge due to
being “late under half an hour.”
MATTERS OF RECORD:
1. The application is not timely.
2. January 24, 1945: Per Form NCG 2500 (Enlistment Contract) applicant enlisted in the
Coast Guard Regular Reserves for a period of 3 years. This form was endorsed by
applicant in the name of Xxx Xxx Xxxx.
3. January 24, 1945: Per Form NAVCG-2599 (Report of Change in Personnel), upon
enlistment, applicant was transferred to Coast Guard Training Station, Manhattan
Beach, Brooklyn, NY for assignment to duty. Applicant’s name on this form was
Xxx Xxx Xxxx.
4. May 12, 1945: Per Form NAVCG-2599, applicant reported to the USS XXXXXXX (PF-
xx) for assignment to duty. Applicant’s name on this form was Xxx X. Xxxx.
5. October 23, 1945: Per Form NAVCG-2599 dated October 25, 1945, applicant was
awarded a “deck court” for “Absent without leave from proper authority on or
about 18 October, 1945 until 0330, 18 Oct., 1945.” Per this form, applicant’s absence
was proven through his own plea. Applicant was awarded “extra police duties for a
period of twelve hours, and to lose twelve dollars per month of his pay for a period
of two months.”
6. May 21, 1946: Per NAVCG-2599, applicant was transferred to DCGO, 3rd Naval Dis-
trict, New York City, NY for “further transfer to CG SupCenter for Discharge.” The
authority listed for this action was “Commandant’s Circular Letter, 12-46.”
7. May 27, 1946: Per letter to Commandant (PEA-AD), SUBJ: Xxxx, Xxx X. (xxx-xxx)
SC3c; discharge of, applicant was to be discharged “under authority of Personnel
Bulletin 94-45, Alcoast 57-46 and CGRS (Coast Guard Receiving Station) Ellis Island,
NY/L dated 24 May, 1946, file 73-783-701-531.”
8. May 29, 1946: Per Form NAVCG-553 (Notice of Separation from the U.S. Naval
Service-Coast Guard), applicant was discharged with an “Under Honorable Condi-
tions” discharge. Applicant endorsed this form with the signature of Xxx X. Xxxx.
9. May 29, 1946: Per Form NAVCG 2500-C (Termination of Service, United States Coast
Guard), applicant was discharged with an “Under Honorable Conditions” discharge
for the “Convenience of the Government” by the authority of “PB 94-45” and
“Alcoast 57-46.” Applicant’s final average Proficiency in Rating score was 2.85 and
conduct score was 3.79. Applicant endorsed this form with the signature of Xxx X.
Xxxx.
10. It was determined, after a thorough search with the Coast Guard Historian’s office at
Coast Guard Headquarters and with the National Archives, that no copy of the
Commandant’s Circular Letter, 12-46, Coast Guard Personnel Bulletin 94-45 or
Alcoast message 57-46 is available for review. It is believed that any of these
resources could indicate the separation procedures of member’s at the conclusion of
World War II.
11. Per the most closely dated (1953) and available Coast Guard Personnel Manual
(PERSMAN) after applicant’s separation, Article 12-B-16 states “During war or
national emergency, enlisted Reserve and retired personnel serving on active duty
will be released from active duty only in accordance with instructions issued by the
Commandant.”
12. Per the PERSMAN of 1953 Article 12-B-6 “The Commandant may authorize or direct
the discharge of enlisted personnel for the convenience of the Government for any of
the following reasons: (a) General demobilization or by order applicable to all cases
of a class of personnel specified in the order.” This Article continues in subpara-
graph (j) “An individual discharged for the convenience of the Government shall be
given an honorable discharge (DD Form 256 CG) if during his current enlistment or
extension thereof, he has not been convicted by a General Courts-Martial or more
than once by a Special Courts-Martial and his minimum final average marks are 2.75
in proficiency in rating and 3.25 in conduct. Individuals not qualifying for an hon-
orable discharge will be given a general discharge.”
13. Per Article 12-B-3b of the PERSMAN an individual who received a General Dis-
charge for the convenience of the Government is given this discharge “for the same
reasons as an honorable discharge and issued to individuals whose conduct and per-
formance of duty have been satisfactory but not sufficiently deserving or meritori-
ous to warrant an honorable discharge. It is also given for the additional reasons of
inaptitude and unsuitability.”
14. At the time applicant was released from active duty, his legal name was Xxx Xxx
Xxxx. His legal name appears on his discharge certificate.
15. The appropriate manual, which described the process for completing a discharge
certificate at the time the applicant was separated, is not available. However, the
current Coast Guard DD-214 (Certificate of Release or Discharge from Active Duty)
instruction, COMDTINST M1900.4D, states “The DD form 214 provides the member
and the service with a concise record of a period of service with the Armed Forces at
the time of the member’s separation or discharge.”
16. May 29, 1946: Per letter to Mrs. Ffffffff Xxxx (applicant’s mother), applicant “Xxx X.
Xxxx,” was “issued this date a certificate of discharge under honorable conditions
from the United States Coast Guard Reserve.”
CONCLUSIONS:
1. The Coast Guard does not normally re-issue records to reflect changes in name (the
most common involving the name change of female former members who marry),
unless required to change obvious typing errors. It is possible in the Applicant’s
case that a simple clerical error committed at the start of his enlistment went uncor-
rected through no fault of his own. However, his record throughout his enlistment
process and final separation clearly indicates that he enlisted and represented him-
self as Xxx Xxx Xxxx. Without exception, every document in applicant’s military
record shows his name as Xxx Xxx Xxxx, including documents requiring his sig-
nature. There is no evidence that the applicant questioned or attempted to correct
his name during his enlistment, so at this time, the documentation provided by the
Applicant is insufficient to consider granting this request. The Coast Guard may
consider issuing discharge documents under the name of Xxx Xxx Zzzz if more
information and documentation can be provided. At a minimum, the Coast Guard
requests submission of a certified copy of the Applicant’s birth certificate, with an
explanation from him about how he was enlisted under an incorrect last name and
why it was not corrected during his enlistment. Statements from family members or
other third parties familiar with the circumstances of the Applicant’s enlistment
should also be submitted, along with any other documentation that would provide
evidence that the spelling of Applicant’s name was a clerical error.
2. The appropriateness of applicant’s discharge characterization is not possible to
determine due to the length of time (56 years) since applicant’s separation and the
Coast Guard’s inability to locate and review a record of the regulatory authority
under which the applicant was separated. When applicant’s entire record, including
his one disciplinary incident, is taken into consideration, and coupled with the sepa-
ration policies known to be in effect at least since the 1953 Personnel Manual, the
Coast Guard Personnel Command would not object to upgrading applicant’s dis-
charge to an Honorable discharge for the Convenience of the Government.
RECOMMENDATION:
1. Applicant’s name should remain as it appears in his military record and on his
original discharge certificate. However, the documentation applicant provided with
this application that indicates he is currently known as Xxx Xxx Zzzz shall be
included in his official military record. The Applicant may submit further docu-
mentation as discussed above for reconsideration of his request to be issued a certifi-
cate of discharge under the name Xxx Xxx Zzzz.
2. Applicant’s discharge characterization should be upgraded to indicate he received
an Honorable discharge for the convenience of the Government.
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He alleged that the Board should find it in the interest of justice to consider his application “because [his] legal name should be on [his] honorable discharge [certificate].” SUMMARY OF THE RECORD On January 19, 1945, XXXXXX XXXXXX XXXXXX enlisted as an apprentice seaman for three years in the Coast Guard Reserve. An untimely application shall be denied unless the Board finds that sufficient evidence has been presented to warrant a finding that it would be in the interest of justice to...
CG | BCMR | Discharge and Reenlistment Codes | 2006-046
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].”...
He alleged that on December 17, 2001, he was counseled that he was eligible to receive a Zone A SRB under ALCOAST 127/01 but was never paid the SRB. On December 17, 2001, ALCOAST 127/01 was in effect and authorized a Zone A SRB with a multiple of xxxxx for members in the XX rating. Accordingly, the Board should grant relief by voiding the applicant’s four-year reenlistment contract, signed on May 24, 2002, and by offering him the opportunity to extend his original enlistment contract for 2 years.
The applicant alleged that this correction would make him eligible for the Zone B selective reenlistment bonus (SRB) promised in his February 27, 2003 reenlistment contract. The Board finds that had the applicant had been properly counseled, he would have reenlisted for six years on March 1, 2003 for an SRB under ALCOAST 329/02. His record shall be corrected to show that he reenlisted for six years on March 1, 2003, rather than February 27, 2003, to receive a Zone B SRB with a multiple of...
He alleged that he was improperly counseled about his eligibility to extend his reenlistment within the 3 months prior to his 10th active duty anniversary (March 20, 2000) for a Zone B SRB. On March 14, 2000, the applicant was advised that he could receive a Zone B SRB by extending the 4-year reenlistment contact he signed on May 28, 1999, through May 27, 2003. He recommended that the Board grant relief by correcting the applicant’s record to show that he reenlisted on March 14, 2000, for...
In support of his allegations, the applicant submitted a statement from his unit yeoman who acknowledged that the applicant’s paperwork was untimely processed and that the applicant received no SRB counseling. He recommended that the Board grant relief by correcting the applicant’s record to show that he reenlisted on January 4, 2003, for purposes of receiving a Zone B SRB pursuant to ALCOAST 329/02. The Chief Counsel admitted and the Board finds that the Coast Guard committed an error in...
On December 12, 2002, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s requested relief because the record supports the applicant’s allegation that he was improperly counseled. The Chief Counsel admits and the Board finds that the Coast Guard committed an error when it promised the applicant a Zone A SRB under ALCOAST 585/01 despite there being no multiple available therein for his rating. The Board is persuaded that had the applicant known that he was...