DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2004-035 
 
xxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxxx 

 

 
 

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 application was docketed on 
December 8, 2003, upon receipt of the completed application and military records. 
 
 
members who were designated to serve as the Board in this case. 
 

This final decision, dated August 19, 2004, is signed by the three duly appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 

The applicant asked the Board to correct his military record to show that he was 
awarded a lifesaving medal for his service aboard the cutter Xxxxx.  He alleged that he 
was  entitled  to  the  medal  because  “[w]e  rescued  a  salmon  fishing  boat off  the  Wash-
ington State coastline in 1947.”  In support of his allegation, he submitted a copy of the 
cutter’s roster showing that he was a member of the crew at the time.   

 
The applicant alleged that he discovered the error in his record on July 4, 2003.  
He provided no other reason as to why he did not apply for the lifesaving medal earlier. 
 

SUMMARY OF THE APPLICANT’S MILITARY RECORD 

 

On  December  29,  1947,  the  applicant  enlisted  as  an  apprentice  seaman  in  the 
Coast Guard for a term of four years.  Upon completing boot camp in February 1948, he 
was advanced to seaman second class and assigned to the cutter Xxxxx. 

 

On  April  2,  1948,  the  applicant  was  reduced  in  rank  to  seaman  apprentice.    In 
May 1948, the applicant went away without leave (AWOL) for six days.  At a deck court 
on  June  9,  1948,  he  pleaded  guilty  and  was  fined  $40  and  assigned  25  extra  hours  of 
duty.  On July 19, 1948, the applicant was taken to mast for having gone AWOL for 1.5 
hours and for “direct disobedience of orders.”  He was awarded “loss of 15 liberties.” 

 
Also on July 19, 1948, the applicant was transferred from the Xxxxx to a Marine 
Hospital because of enuresis.  On July 25, 1948, a doctor noted that the applicant com-
plained of having been very anxious and having had enuresis almost every night since 
he  enlisted.    The  doctor  also  noted  that  the  applicant  “usually  gets  intoxicated  every 
night”  and  that  the  enuresis  might  stop  if  he  stopped  drinking  alcohol.    A  medical 
board  of  survey  found  that  the  applicant  suffered  from  “simple  adult  maladjustment 
[with] enuresis” and recommended that he be discharged. 

 
On August 21, 1948, the applicant submitted a statement on his own behalf.  He 
stated that he did not want to be discharged, that he had stopped drinking alcohol, and 
that he did not think the enuresis would continue. 

 
On August 25, 1948, the applicant’s commanding officer (CO) recommended to 
the Commandant that the applicant be discharged for unsuitability because he had been 
diagnosed  with  enuresis.    The  CO  also  noted  that  the  applicant  was  “a  constant 
offender against ship’s discipline and would be the subject of a request for a discharge 
by reason of inaptitude if it [were] deemed more fitting than a discharge by reason of 
unsuitability.”  He noted that the applicant had been awarded five days’ confinement at 
a mast on August 16, 1948, and had been placed on report for sleeping while on watch 
on August 20, 1948.   

 
On September 24, 1948, the applicant received a general discharge under honor-
able conditions by reason of “unsuitability.”  The Service Record form (NCG 2500C) in 
his record contains no entries under the heading “Commendations and Awards.” 
  

APPLICABLE LAW 

 
Lifesaving medals are awarded in accordance with the provisions of Chapter 4 of 
 
the  Medals  and  Awards  Manual  (COMDTINST  M1650.25C),  which  is  entitled  “U.S. 
Nonmilitary  Decorations.”    Paragraph  4.B.1.b(1)  provides  that  the  Commandant  may 
award a lifesaving medal to “any person who rescues or endeavors to rescue any other 
person from drowning, shipwreck, or other perils of the water.”  However, paragraph 
4.B.1.b(2) states that “[m]ilitary personnel serving on active duty normally should not 
be recommended for the Gold and Silver Lifesaving Medals.  However, personnel may 
be recommended for a Lifesaving Medal if the act of heroism was performed while the 
member was in a leave or liberty status.” 
 

VIEWS OF THE COAST GUARD 

 
 
On March 30, 2004, the Judge Advocate General (TJAG) of the Coast Guard rec-
ommended that the Board deny the applicant’s request because it is untimely and lacks 
merit.  He alleged that the applicant knew or should have known that he did not receive 
a lifesaving medal upon his discharge in 1948, and he pointed out that the applicant did 
not provide a reason as to why he waited more than 50 years to request the medal.   
 

Regarding the merits of the case, TJAG stated that under the Medals and Awards 
Manual,  lifesaving  medals  are  not  supposed  to  be  awarded  to  members  serving  on 
active duty although military members are entitled to wear such medals.  He also stated 
that there is no evidence that the applicant was eligible  for the award.  Therefore, he 
argued, it is not in the interest of justice for the Board to waive its three-year statute of 
limitations to consider this case. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
On March 31, 2004, the Chair sent a copy of the Coast Guard’s views to the appli-

cant and invited him to respond within 30 days.  No response was received.   
 

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: 
 

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

1. 
§ 1552.   
 

2. 

An application to the Board must be filed within three years of the day the 
applicant  discovers  the  alleged  error  in  his  record.  10  U.S.C.  §  1552(b).  The  applicant 
was discharged in 1948 and knew or should have known that he had not received a life-
saving medal at that time.  Therefore, although the applicant alleged that he did not dis-
cover the alleged error until July 4, 2003, the Board finds that the application was filed 
more than 50 years after the statute of limitations expired.  Thus, it was untimely. 

 
3. 

Under 10 U.S.C. § 1552(b), 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-
sons  for  the  delay  and  conduct  a  cursory  review  of  the  merits  of  the  case.  Dickson  v. 
Sec’y of Defense, 68 F.3d 1396 (D.D.C. 1995); Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 
1992). 

 

4. 

 The applicant provided no explanation for his failure to request the cor-

rection of the alleged error in his record within three years of his discharge.   

 
5. 

There is no evidence in the record that the applicant is entitled to a life-
 
saving medal in accordance with the eligibility requirements in Chapter 4.B.1.b. of the 
Medals and Awards Manual.  Moreover, although the applicant alleged that he assisted 
in the rescue of the crew of a fishing boat while he was stationed aboard the Xxxxx, he 
submitted no evidence in support of his allegation that his own actions during the res-
cue merited any award. 
 
 
Accordingly,  in  light  of  the  lack  of  evidence  supporting  the  applicant’s 
allegation and his failure to explain his great delay in filing his application, the Board 
finds no reason to waive the statute of limitations, and the applicant’s request should be 
denied. 
 

6. 

 

The application of xxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his military 

ORDER 

 

 
 

 
 

 
 
 

record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 

 

 
 

 

 
 

 
 

 
 

 

 
 

 
 

 
 

 

 
 

 
 

 
 

 

        

 
 Terry E. Bathen 

 

 

 
 Dorothy J. Ulmer 

 

 
 

 
 

 
 

 
 

 

 
 
 Molly McConville Weber