DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2011-077 
 
Xxxxxxxxxxxxxx 
xxxxxxxxxxxxxx 

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 January 21, 2011, and assigned it to staff member J. Andrews to pre-
pare 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  October  13,  2011,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  who  was  honorably  discharged  from  the  Reserve  on  August  18,  1993, 
asked the Board to correct his record by ordering the Coast Guard to issue him a discharge form 
DD 214 to  document his  military service.  He  alleged that at  the time of  his  discharge, no DD 
214 was issued only because the “system was not communicating with the DOD system.”  The 
applicant stated that he discovered this error in 1995 and needs documentation of his service to 
receive benefits from the Department of Veterans Affairs (DVA). 
 

SUMMARY OF THE RECORD 

 
 
On August 19, 1985, the applicant enlisted in the Reserve for eight years as a radioman, 
third  class  (RM3).    The  Statement  of  Understanding  he  signed  required  him  to  attend  Reserve 
Enlisted Basic Indoctrination (REBI), a two-week course, and to drill regularly on inactive duty 
for  at  least  three  years.    His  Retirement  Points  Statements  and  a  Computation  of  Retirement 
Point Credits in his record show that he drilled regularly for more than five years and completed 
two-week  periods  of  annual  active  duty  for  training  in  his  anniversary  years  ending  on  August 
18th in  1988, 1989, and 1990.  He stopped drilling in  February 1991 and received membership 
points only in  his  anniversary  years ending on August  18th in  1992 and 1993.  His record con-
tains no documentation of any period of active duty longer than two weeks. 
 

 

 

On August 18, 1993, the applicant was honorably discharged from the Reserve upon the 
 
expiration of his Reserve enlistment.  There is no DD 214 or Statement of Creditable Service in 
his record. 
 

VIEWS OF THE COAST GUARD 

 
 
On May 4, 2011, the Judge Advocate General of the Coast Guard recommended that the 
Board deny  relief in this case.   In so doing, he adopted the findings and analysis provided in a 
memorandum prepared by the Personnel Service Center (PSC).   
 
 
The  PSC  stated  that  although  the  applicant  served  in  the  Coast  Guard  Reserve  from 
August 19, 1985, until his eight-year enlistment expired on August 18, 1993, he never completed 
more  than  90  days  of  continuous  active  duty  and  so  is  not  entitled  to  a  DD  214.    The  Coast 
Guard noted that if the applicant needs documentation of his military service, he may request a 
Statement of Creditable Service from the Pay and Personnel Center via the internet. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On May 9, 2011, the Chair sent the applicant a copy of the views of the Coast Guard and 

 
 
invited him to respond within thirty days.  No response was received.  
 

APPLICABLE LAW 

 
 
COMDTINST M1900.4D is the manual for preparing DD 214s.  Chapter 1.B. states that 
“[t]he DD Form  214 will  NOT be issued to  members: … 10. Who are reservists released from 
continuous active duty for training (ADT) less than 90 days.” 
 

FINDINGS AND CONCLUSIONS 

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

The Board makes the following findings and conclusions on the basis of the applicant’s 

1. 
 
2. 

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

The application was untimely because it was filed more than three years after the 
applicant knew he had not received a DD 214.1  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.    In  Allen  v. 
Card, 799 F. Supp. 158, 164 (D.D.C. 1992), the court stated that to determine whether the inter-
est  of  justice  supports  excusing  the  untimeliness  of  an  application,  the  Board  “should  analyze 
both the reasons for the delay and the potential merits of the claim based on a cursory review.”  
The Board’s cursory review of this case shows that the applicant is a veteran of the Coast Guard 
Reserve  who  needs  documentation  of  his  military  service  for  the  purpose  of  seeking  benefits 
from the DVA.  Although the record indicates that he is not entitled to the relief he requests, he 
is  entitled  to  alternative  relief.    Therefore,  the  Board  finds  that  it  is  in  the  interest  of  justice  to 
excuse the untimeliness of the application and consider the case on the merits. 

                                                 
1 10 U.S.C. § 1552(b); 33 C.F.R. § 52.22. 

 

 

 
3. 

The  applicant  requested  documentation  of  his  military  service  and  specifically 
requested a DD 214.  However, his military records, which are presumptively correct,2 show that 
he never performed continuous active duty for a period of 90 days or longer and so is not entitled 
to a DD 214.3  However, reservists without DD 214s may receive documentation of their military 
service on a Statement of Creditable Service (SOCS).  The Coast Guard recommended that the 
Board  deny  relief  and  that  the  applicant  apply  for  an  SOCS  on  line.    However,  the  applicant’s 
official  military  record  is  now  in  the  Board’s  possession  and  it  will  be  needed  by  the  Coast 
Guard to prepare an SOCS.  Therefore, rather than denying all relief and returning the military 
record to the National Personnel Record Center in St. Louis so that the Coast Guard must order 
the military record back from St. Louis, which can take several months, the Board finds that in 
the interest of administrative efficiency and justice for the applicant, the Board should order the 
Coast Guard to prepare an SOCS for the applicant if it has not done so already. 

 
4. 

Accordingly, the applicant’s request for a DD 214 should be denied, but alterna-
tive relief should be granted by ordering the Coast Guard to prepare an SOCS for the applicant if 
it has not done so already. 

 
 
 
 

 
 

 

 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

                                                 
2 33 C.F.R. § 52.24(b). 
3 COMDTINST M1900.4D, Chap. 1.B. 

 

 

 

ORDER 

The application of xxxxxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his military 
record  is  denied,  but  alternative  relief  is  granted  in  that  the  Coast  Guard  shall  prepare  a 
Statement of Creditable Service for him if it has not already done so. 

 

 
 
 Anthony C. DeFelice 

 

 

 
 Frank E. Howard 

 

 

 
 Jeff M. Neurauter