DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                     BCMR Docket No. 2004-130 
 
XXXXXXXXXXXXX 
xxxxxxxxxxxxxx 
   

 

 
 

FINAL DECISION 

 
Author:  Hale, D. 
 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 
425  of  title  14  of  the  United  States  Code.    It  was  docketed  on  June  2,  2004,  upon  the 
BCMR’s receipt of the applicant’s request for correction. 
 
 
appointed members who were designated to serve as the Board in this case. 

This  final  decision,  dated  February  24,  2005,  is  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 

 

The  applicant,  a  seaman  second  class  (SN2)  who  served  on  active  duty  in  the 
Coast Guard Reserve during World War II, asked the Board to upgrade the character of 
his ordinary discharge (under honorable conditions) to honorable.    

 
The applicant alleged that he was diagnosed with a disabling medical condition 
while in the Coast Guard and was subsequently determined to be medically unfit for 
duty.    Although  he  received  an  ordinary  discharge  under  honorable  conditions,  he 
argued that in the interest of justice, his discharge should be upgraded to honorable. 
 

SUMMARY OF THE APPLICANT’S RECORD 

 
 
On  September  10,  1942,  the  applicant  enlisted  in  the  Coast  Guard  Reserve  and 
was called to active duty shortly thereafter.   On March 30, 1943, the Board of Medical 
Survey at the U.S. Marine Hospital in Galveston, Texas issued a report to the District 
Coast  Guard  Medical  Officer  stating  that  the  applicant  had  been  diagnosed  with 

Psychoneurosis1 Anxiety Hysteria and recommended that the applicant be discharged 
from  the  Coast  Guard  as  medically  unfit.    The  report  indicated  that  the  disabling 
condition  existed  prior  to  enlistment  and  was  not  the  result  of  the  applicant’s  own 
misconduct nor was it incurred in the line of duty.  The report, written by the doctor 
who evaluated the applicant, included the following comments: 
  

Patient stated that following an automobile accident in 1940 he has had pain and 
soreness of muscles to the right lumbar spine and soreness and pains in the entire 
right arm with weakness on that side.  This trouble has not been constant but it 
definitely  has  been  aggravated  by  service  in  the  Coast  Guard.  Physical 
examination  revealed  nothing  more  than  tenderness,  and  fist  percussion  over 
muscles to right of lumbar spine, [and] various types of physiotherapy associated 
with vitamin therapy [have] brought no results.  X-rays of all affected areas were 
negative.  This man’s mental attitude is very poor and the weakness of the right 
arm is partially hysterical in its manifestations.    

 

The applicant was discharged on April 9, 1943, and his Certificate of Discharge 
indicates  that  he  was  discharged  “by  reason  of  physical  disability  with  ordinary 
discharge.”  The applicant earned a perfect conduct rating for the 8 months he was in 
the Coast Guard. 
 

VIEWS OF THE COAST GUARD 

 
 
On  August  19,  2004,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 
submitted  an  advisory  opinion  in  which  he  adopted  the  findings  of  the  Coast  Guard 
Personnel  Command  (CGPC)  and  recommended  that  the  Board  grant  the  applicant’s 
request.  
 
 
Although the applicant filed his application to the BCMR nearly 62 years after he 
was discharged, neither JAG nor CGPC addressed the timeliness issue in their response 
to the applicant’s application.  
 

 
CGPC stated that according to the Equity Standard of Review under 33 C.F.R. § 
51.7 (the Discharge Review Board’s regulation), a discharge is presumed to be equitable, 
absent sufficient evidence to establish that the policies under which the appellant was 
discharged  materially  differ  from  current  policies,  and  there  is  substantial  doubt  that 
the  applicant  would  have  received  the  same  discharge  if  current  policies  had  been 
available to the applicant at the time of his discharge. 
 
 
However, CGPC stated that under the Coast Guard’s current separation policies, 
it  is  highly  unlikely  that  a  member  discharged  for  a  physical  disability,  absent  other 

                                                 
1  Psychoneurosis:    A  mental  or  personality  disturbance  not  attributable  to  any  known  neurological  or 
organic dysfunction. 

evidence  of  misconduct,  would  receive  an  Ordinary  discharge  (discharge  under 
honorable conditions).  Therefore, CGPC stated that it would be in the interest of justice 
to upgrade the applicant’s discharge. 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On  August  24,  2004,  the  BCMR  sent  the  applicant  a  copy  of  the  views  of  the 
Coast Guard and invited him to respond within 30 days.  The applicant responded on 
September 2, 2004, and stated that he agreed with the Coast Guard’s recommendation. 
 

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. 

 
2. 

An  application  to  the  Board  must  be  filed  within  3  years  after  the 
applicant  discovered  or  should  have  discovered  the  alleged  error  in  his  record.    10 
U.S.C. § 1552.  The applicant signed and received his discharge documents indicating 
that his discharge was characterized as “under honorable conditions” in 1943, and has 
not provided any explanation why he waited so long to submit his application to the 
BCMR.      Thus,  the  Board  finds  that  the  applicant  knew  or  should  have  known  the 
character of his discharge in 1943, when he received his Certificate of Discharge.  Thus, 
his application was untimely. 

 
3. 

Pursuant  to  10  U.S.C. §  1552,  the  Board  may  waive  the  3-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 
reason  for the  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 has not explained his 
delay, a cursory review of the merits of this case indicates that CGPC has determined 
that the applicant’s character of discharge was unjust.  Therefore, the Board finds that it 
is in the interest of justice to waive the statute of limitations in this case. 
 

4. 

The  characterization  of  the  applicant’s  discharge  was  appropriate  under 
the Coast Guard policy in effect in 1943.  However, the Board notes that both JAG and 
CGPC  stated  that  the  applicant  would  have  received  an  honorable  discharge  under 
current  Coast  Guard policy.    CGPC  has  routinely  stated  that  under  the  current Coast 
Guard separation policies, a member discharged due to physical disability that existed 
prior to enlistment would not receive a discharge under honorable conditions, unless he 

had been involved in some misconduct.  The Board notes that the applicant’s condition 
existed  prior  to  enlistment  and  he  was  not  involved  in  any  misconduct  during  his 
enlistment.  Therefore, the applicant’s service record meets the criteria for an honorable 
discharge  under  current  standards.    The  Board  concludes  that  it  is  in  the  interest  of 
justice to upgrade the applicant’s discharge. 
 

5. 

Accordingly, relief should be granted. 

 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

The application of former seaman second class XXXXXXXXXXXXXXXXXXXXXX, 

His records shall be corrected to show that he received an honorable discharge 

ORDER 

 
 
USCGR, for the correction of his military record is granted.   
 
 
from the Coast Guard Reserve.