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CG | BCMR | Discharge and Reenlistment Codes | 2009-138
Original file (2009-138.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 

 
xxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxx   

 
BCMR Docket No. 2009-138 

FINAL DECISION 

This is a proceeding under the provisions of section 1552 of title 10 and section 425 of 
title 14 of the United States Code.  The Chair docketed the case after receiving the applicant’s 
completed application on May 4, 2009, and assigned it to staff member J. Andrews to prepare the 
decision for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case 
 

This final decision, dated December 18, 2009, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 

 
 

 

 

 

The applicant asked the Board to correct his discharge form DD 214 to reflect the fact 
that on February 27, 1993, he was released from active duty (RELAD) into the Reserve instead of 
being discharged.  The applicant stated that he was RELAD into the Individual Ready Reserve 
(IRR) upon his separation from active duty.  However, because this fact is not shown on his DD 
214,  the  U.S.  Army,  in  which  he  is  now  serving  on  active  duty,  is  seeking  a  “fifteen-year 
overpayment” from him based on an alleged miscalculation of his time in service. 
 

SUMMARY OF THE RECORD 

On  May  16,  1988,  the  applicant  signed  a  Statement  of  Understanding  in  which  he 
obligated himself to serve for eight years in either the Coast Guard or the Coast Guard Reserve.  
Also on May 16, 1988, the applicant signed a four-year contract enlisting on active duty in the 
regular Coast Guard.  The contract states that his military service obligation was incurred that 
day  and  would  be  completed  on May 15, 1996, eight years later.  A print-out from the Coast 
Guard’s pay database also shows that his “expected loss date” was May 15, 1996. 

 
The  applicant’s  DD  214,  however,  bears  “NA”  (not  applicable)  notations  in  block  6, 
which is supposed to show the year, month, and day of his Reserve Obligation Termination Date 
and the word “Discharged” in block 23, instead of the phrase “Released From Active Duty.” 
 

VIEWS OF THE COAST GUARD 

 
 
On August 19, 2009, the Coast Guard submitted an advisory opinion recommending that 
the Board correct the applicant’s DD 214 to show that he was “Released From Active Duty” in 
block 23 and the termination date of his military service obligation, May 15, 1996, in block 6.   
The Coast Guard stated that the applicant incurred an eight-year military service obligation on 
May  16,  1988,  and  was  placed  in  the  IRR  upon  his  release  from  active  duty  on  February  27, 
1993. 
 

RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  September  1,  2009,  the  Chair  sent  the  applicant  a  copy  of  the  views  of  the  Coast 

 
 
Guard and invited him to submit a response within 30 days.  No response was received.   
 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions based on the applicant’s mili-

 
 
tary record and submissions, the Coast Guard’s submission, and applicable law: 
 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.   

Under 10 U.S.C. § 1552(b) and 33 C.F.R. § 52.22, an application to the Board 
must  be  filed  within  three  years  after  the  applicant  discovers,  or  reasonably  should  have 
discovered, the alleged error or injustice.  The applicant received his DD 214 in 1993 and should 
have noticed the errors at that time.  Therefore, his application is untimely. 

Pursuant  to  10  U.S.C.  §  1552(b),  the Board may excuse the untimeliness of an 
application if it is in the interest of justice to do so.  Because the applicant’s DD 214 is clearly 
erroneous  and  the  errors  may  cause  him  a  financial  hardship,  the  Board  finds  that  it  is  in  the 
interest of justice to excuse the untimeliness of the application. 

The  applicant’s  enlistment  documents  clearly  show that he obligated himself to 
eight  years  of  military  service  in  the  Coast  Guard  or  Coast  Guard  Reserve  on  May  16,  1988.  
Therefore,  block  6  of his DD 214 should show as the termination date of his military service 
obligation  the  date  May  15,  1996,  rather  than  “NA”,  and  block  23  should  show  that  he  was 
“Released From Active Duty” on February 27, 1993, rather than “Discharged.” 

1. 
 
2. 

 
3. 

 
4. 

 
5. 
 
 
 

Accordingly, relief should be granted. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 

ORDER 

 

 

The application of former SK3 xxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his 
military record is granted.  The Coast Guard shall correct his DD 214 to show the date May 15, 
1996, in block 6 and to show that he was “Released From Active Duty” in block 23. 
 
 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 
 Julia Andrews 

  * 

 
 Dorothy J. Ulmer 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
*The third member of the Board was unavailable.  However, pursuant to 33 C.F.R. § 52.11(b), 
two designated members constitute a quorum of the Board.  
 
 

 

 

 

 



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