DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2006-056 
 
XXXXXXXXXXXX 
xxxxxxxxxxxxx (xxxxx), EN3 (former) 
   

 

 
 

FINAL DECISION 

 
AUTHOR:  Hale, D.  
 
 
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 Chair docketed the case on 
February 17, 2006, 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 October 19, 2006, is signed by the three duly appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 

The  applicant,  who  was  honorably  discharged  from  the  Coast  Guard  in  1960, 
asked the Board to correct his military record to show that he was awarded a Cold War 
Victory  Medal,  Overseas  Medal,  and  the  Coast  Guard  Medal.    He  alleged  that  he 
“recently  found  out  about  these  medals”  and  would  like  to  have  them  added  to  his 
military record.  
 

SUMMARY OF THE APPLICANT’S RECORDS 

 

On September 12, 1956, the applicant enlisted in the Coast Guard for a term of 
four  years.    After  completing  recruit  training,  he  served  in  a  variety  of  assignments, 
including  21  months  of  foreign  and/or  sea  service  aboard  the  Coast  Guard  Cutter 
Blackhawk.    He  was  honorably  discharged  from  the  Coast  Guard  on  August  12,  1960, 
and the applicant’s DD-214 indicates that he received the Coast Guard Good Conduct 
Medal for the period ending March 31, 1960.  
 

APPLICABLE LAW 

 
 
The Coast Guard Medals and Awards Manual, COMDTINST M1650.25C, Article 
2.A.5.,  provides  that  the  Coast  Guard  Medal  is  “awarded  to  any  persons  who,  while 
serving in any capacity with the Coast Guard, distinguish themselves by heroism not 
involving actual conflict with any enemy.  To justify this decoration, individuals must 
have performed a voluntary act of heroism in the face of great danger to themselves and 
such as to stand out distinctly above normal expectations.”  
 

The Coast Guard Medals and Awards Manual does not provide for an Overseas 
Service  Medal  or  for  a  Cold  War  Victory  Medal.    Article  5.A.9.  of  the  Medals  and 
Awards Manual does provide for a Sea Service Ribbon, but it was not authorized by the 
Commandant  until  March  3,  1984.    Encl.  1-21  to  COMDTINST  M1650.25C.    There  is 
currently  no  Cold  War  Victory  Medal  authorized  for  use  by  any of  the  armed  forces, 
including the Coast Guard.1 
 

VIEWS OF THE COAST GUARD 

On  May  19,  2006,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard  sub-

 
 
mitted an advisory opinion recommending that the Board deny relief.  
 
 
The JAG relied on a memorandum from the Coast Guard Personnel Command 
(CGPC) concerning the applicant’s request.   CGPC  stated that the applicant’s DD-214 
accurately  reflects  his  awards  and  it  recommended  that  the  applicant’s  request  be 
denied  for  untimeliness.    Notwithstanding  the  timeliness  issue,  CGPC  recommended 
that the request be otherwise denied because the applicant is not entitled to the Coast 
Guard Medal.  CGPC argued that there is nothing in the applicant’s record “regarding 
any significant acts of heroism performed by the applicant that would have made him 
eligible for the Coast Guard Medal.”    
 

CGPC also argued that the applicant’s request should be denied because there is 
simply  no  Overseas  Service  Ribbon  or  Cold  War  Victory  Medal  authorized  by  the 
Medals  and  Awards  Manual.    CGPC  stated  that  although  there  has  been  repeated 
legislative  action  for  the  Cold  War  Victory  Medal,  there  is  currently  no  approved 
legislation for that medal.    
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 

                                                 
1 Several bills were introduced in the current 109th Congress that would have provided for a Cold War 
Victory  Medal,  but  none  were  enacted.    In  particular,  section  552  of  the  House-passed  version  of  H.R. 
5122,  the  John  Warner  National  Defense  Authorization  Act  for  fiscal  year  2007,  authorized  this 
decoration,  but  the  provision  was  not  included  in  the  final  version  of  the  legislation  passed  by  both 
Houses and presented to the President on October 5, 2006.  See H.Rep 109-172. 

On May 23, 2006, the Chair forwarded a copy of the views of the Coast Guard to 

the applicant and invited him to respond.  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: 
 

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 three years of the day the 
applicant  discovers  the  alleged  error  in  his  record.  10  U.S.C.  §  1552.  Although  the 
applicant  alleged  that  he  only  recently  “found  out”  about  the  medals,  he  was 
discharged in 1960 and knew or should have noticed that his DD-214 did not contain 
the Coast Guard Medal or the Overseas Service Ribbon.  Therefore, the Board finds that 
the  applicant  filed  his  application  more  than  43  years  after  the  Board’s  statute  of 
limitations expired.  Thus, his application was untimely. 

 
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 conduct a cursory 
review of the merits of the case.  Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 1992). 

 
4. 

The applicant asked the Board to correct his record to show that he was 
awarded  the  Coast  Guard  Medal.    The  Coast  Guard’s  Medals  and  Awards  Manual 
provides that the Coast Guard Medal is awarded to persons who, while serving in any 
capacity with the Coast Guard, distinguish themselves by heroism not involving actual 
conflict with any enemy.  While the Board notes that the applicant served honorably, 
there is nothing in his military record to indicate that he performed any acts of heroism 
that would have made him eligible for the Coast Guard Medal.  

 
5. 

 The applicant asked the Board to correct his record to show that he was 
 
awarded the Cold War Victory Medal.  There is currently no legislation authorizing the 
issuance  of  the  Cold  War  Victory  Medal.  Although  the  Board  is  cognizant  of  the  fact 
that  the  applicant  served  in  the  Coast  Guard  during  the  Cold  War,  there  is  simply 
nothing  in  the  Coast  Guard  Medals  and  Awards  Manual  authorizing  the  Cold  War 
Victory Medal.  
 
The applicant also requested that his record be corrected to show that he 
 
received  an  Overseas  Service  Ribbon.    The  JAG  argued  that  the  request  should  be 
denied because the Coast Guard does not have an Overseas Service Ribbon.  While the 

6. 

Board  agrees  that  the  Coast  Guard  has  no  such  ribbon,  it  does,  however,  have  a  Sea 
Service  Ribbon.    The  applicant  would  likely  have  been  eligible  for  the  Sea  Service 
Ribbon  by  virtue  of  his  service  aboard  the  Blackhawk;  however,  the  Commandant  did 
not authorize the Sea Service Ribbon for use until March 3, 1984 — 24 years after the 
applicant was discharged from the Coast Guard. 
 

7. 

There  is  nothing  in  the  applicant’s  record  to  justify  awarding  him  the 
Coast  Guard  Medal,  and  although  the  Coast  Guard  has  a  Sea  Service  Ribbon,  its  use 
was  not  authorized  until  1984.    Finally,  although  the  applicant  served  in  the  Coast 
Guard  during  the  Cold  War,  there  is  no  Cold  War  Victory  Medal  authorized  by  the 
Coast  Guard.    Accordingly,  due  to  the  probable  lack  of  success  on  the  merits  of  his 
claim,  the  Board  finds  that  it  is  not  in  the  interest  of  justice  to  waive  the  statute  of 
limitations in this case and it should be denied because it is untimely.  

 

ORDER 

 

The  application  of  former  EN3  XXXXXXXXXXX,  xxxxxxxxxxxxx,  USCG,  for 

correction of his military record is denied. 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 

  

 
 Philip B. Busch 

 

 

 

 
 
 Francis H. Esposito 

 

 

 
 William R. Kraus