DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

  

_____________________________________________________________________________                                                               
 
Application for Correction           
of the Coast Guard Record of:                     
                                         
                                                                                       BCMR Docket No. 2007-029 
                                                                               
XXXXXXXXXXXXXXXXX                                                                              
XXXXXXXXXXXXXXXXX  
 
______________________________________________________________________________ 
 

  

FINAL DECISION                                                                                     

EXCERPTS FROM THE RECORD 

 
The applicant enlisted in the Coast Guard Reserve on April 22, 1974.  He was assigned to 

 
duty in a drill pay status on April 30, 1974, with an effective date of April 22, 1974. 
 
 
On April 21, 1976, the applicant reenlisted for six years.  On August 31, 1977, he was 
assigned to the active standby pool (of the Individual Ready Reserve), at his request.  He was 
discharged from the Coast Guard Reserve on April 21, 1982. 
 
 
the following points while in the Coast Guard Reserve: 

The applicant’s retirement points statement dated October 4, 1978 shows that he earned 

 
 
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 on November 24, 2006, upon 
receipt of the applicant's completed application and military records.  
 
 
appointed members who were designated to serve as the Board in this case.  
 

This  final  decision,  dated  July  31,  2007,  is  approved  and  signed  by  the  three  duly 

RELIEF REQUESTED  

The applicant stated that he is now in his sixties and would like to leave his medals to his 

 
 
The applicant asked the Board to correct his record to show that he earned the Reserve 
Good Conduct Medal.   The applicant further requested a review of his record to determine if he 
were entitled to any other medals and/or ribbons.   
 
 
three sons, each of whom has served or will serve in the armed forces.   
 
 
The  applicant  claimed  that  he  discovered  the  alleged  error  on  October  15,  2000.    He 
stated that he has no one to turn to except the Board and noted that he believes the Board will be 
fair in acting on his request.   
 

 
 
 

 

4/22/74-4/21/75 
4/22/75-4/21/76 
4/22/76-4/21/77 

4/22/77-4/21/78 

 
 
 

 

100 (adjusted to 73) 
77   (adjusted to 730 
57   (30 drills, 12 days active duty, and 15 gratuitous 

points) 

29    (14 drills and 15 gratuitous points) 

VIEWS OF THE COAST GUARD 

 
 
On February 2, 2007, the Board received an advisory opinion from the office of the Judge 
Advocate General (JAG) of the Coast Guard.  He recommended that the Board deny relief to the 
applicant.  The JAG adopted the facts and analysis provided by the Commander, Coast Guard 
Personnel (CGPC) as the basis for the Coast Guard’s recommendation. 
 
 
In recommending denial of relief, CGPC noted that the application was untimely and that 
the  applicant  had  failed  to  provide  any  justification  for  delay  in  bringing  his  claim.    CGPC 
provided the following rationale for denial if the Board decides to waive the three-year statute of 
limitations and consider the application on the merits: 
 
 

A complete review of the applicant’s record does not substantiate his eligibility 
for the Coast Guard Reserve Good Conduct Medal.  Pursuant to [Article 5.A.2. of 
the Medals and Award Manual (2002)] to be eligible for this medal, the applicant 
would have needed to earn 70 points each year for three consecutive years.  The 
applicant did not earn the minimum required points for this award as indicated in 
his Reserve Retirement Points statement.  
 
Also,  the  applicant  requests  any  other  awards  to  which  he  is  entitled.    The 
applicant’s  record  does  not  reveal  eligibility  for  any  additional  awards.    [A 
September 7, 2001, letter from the Chief, Medals and Awards Division] indicates 
the results of a record review conducted by the Commandant (G-WPM-3) where 
the  applicant’s  record  was  reviewed  and  corrected  to  reflect  the  award  of  the 
Coast  Guard  Meritorious  Unit  Commendation  Ribbon.    No  other  discrepancies 
with his awards were noted. 

  

 
 
 

 
 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On February 27, 2007, the Board received the applicant’s response to the views of the 
Coast  Guard.    He  stated  that  he  felt  as  though  he  made  all  of  his  drills  from  April  22,  1976 
through April 21, 1977.  
 

 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions on the basis of the submissions 

 
 
of the applicant and the Coast Guard, the military record of the applicant, and applicable law. 
 

  

1.  The  BCMR  has  jurisdiction  of the case pursuant to section 1552 of title 10, United 

 
States Code.  The application was not timely.  
 
 
2. To be timely, an application for correction must be filed within three years of the date 
the  alleged  error  or  injustice  was,  or  should  have  been,  discovered.    See  10  U.S.C.  §  1552, 
33 CFR § 52.22.   
 
3.      The  applicant  stated  that  he  discovered  the  alleged  error  on  October  15,  2000, 
 
approximately 18 years after his discharge from the Reserve.  He did not provide an explanation 
why he could not have discovered the alleged error sooner.  Even if the October 15, 2000 date is 
accepted as the date of discovery for the alleged error, the application is still untimely because it 
was  not  filed  with  the  Board  until  November  8,  2006,  approximately  three  years  beyond  the 
statute  of  limitations.  The  applicant  has  not  provided  a  reason  for  the  delay  in  filing  his 
application after allegedly discovering the error on October 15, 2000. 
 
 
4.  The Board may excuse the failure to file timely if it finds that it is in the interest of 
justice to do so.  In making such a determination, the Board should consider, in addition to the 
length of and reasons for the delay, the likelihood of success on the merits of the claim.  See 
Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 1992); Dickson v. Secretary of Defense, 68 F.3d 
1396 (D.C. Cir. 1995). 
 
  
5.   With respect to the merits of the applicant's claim, the Board finds that he is not likely 
to prevail.   The applicant has presented insufficient evidence that he earned the Reserve Good 
Conduct Award or that he is entitled to any other awards not already documented in his military 
record.   
 
 
6.  The Board notes that the advisory opinion sets forth the current standards for judging 
whether the applicant is entitled to the Reserve Good Conduct Award, which became effective on 
July 1, 1983.  The current 2002 version of the Medals and Awards Manual states that effective 
July 1, 1983, three consecutive years of service in which the applicant earns a minimum of 70 
points per year are required for a Reserve Good Conduct Award.  However, the applicant was in 
the Reserve from April 22, 1974 until April 21, 1982.  Therefore, the Board finds that the 1995 
Medals and Awards Manual is more applicable to the applicant’s case.  Even though the 1995 
Manual was issued after the applicant’s service in the Reserve, it contains specific provisions that 
are  applicable  to  the  period  in  which  the  applicant  served.    Section  9.2.e.  of  the  Medals  and 
Awards Manual (1995) states, “eligibility for periods of service ending between inclusive dates 
February 1963 and December 31, 1979, requires four consecutive anniversary years in the Coast 
Guard Reserve . . . All other criteria are the same.”      The other pertinent criteria were that from 
November 1, 1963 to June 30, 1983, reservists were required to perform 12 days of active duty 
and attend 90 percent of scheduled drills to be eligible for the Reserve Good Conduct Award.1   
 

                                                 
1   Enclosure (8) to the Medals and Awards Manual (1995) contains a chart that shows the various requirements for 
the Good Conduct Award at specific junctures.  The chart shows that from November 1, 1963 to December 31, 1979, 
four years of continuous service was required to earn a good conduct award and that from January 1, 1980 until June 
30, 1983, three years of continuous service was required. 

  

 
 7.  The applicant did not complete 90 percent of his yearly scheduled drills for each of 
four consecutive anniversary years;2 nor did he complete 12 days of active duty for each year of 
the four-year period.  Reservists are normally scheduled to attend 4 drills per month for an annual 
total  of  48  drills  per  year3  and  perform  12  days  of  active  duty  each  year.    Therefore,  for  the 
period from April 22, 1974 through April 21, 1978, the applicant would have needed to attend 43 
drills each year for four consecutive anniversary years as well as perform 12 days of active duty 
each  year  for  four  consecutive  years  to  qualify  for  the  Reserve  Good  Conduct  Award.    The 
applicant’s retirement points statement shows that for the anniversary year ending April 21, 1977 
he attended only 30 drills and for the anniversary year ending April 21, 1978, he attended only 14 
drills and performed no active duty.    The retirement points statement shows that from April 22, 
1978,  until  his  discharge  on  April  21,  1982,  the  applicant  earned  no  points.    Based  on  the 
evidence of record, the applicant is not likely to prevail on the merits of his application because 
he has not proved that he earned the necessary points to be entitled to the Award.  Even if the 
Board were to apply the current standards as suggested by the Coast Guard, the applicant still 
would not be eligible for the Reserve Good Conduct because he did not earn 70 points each year 
for three consecutive years, as required by the current Medals and Awards Manual.     
 
 
8.  With respect to other awards to which the applicant may be entitled, the Coast Guard 
has determined that he is not entitled to any that have not already been awarded and documented 
in  his  service  record.    The  applicant  has  not  presented  any  evidence  to  prove  that  the  Coast 
Guard’s determination is incorrect.   
 
 
9.  Based on the length of the delay, the lack of any persuasive reason for not filing his 
application sooner, and the probable lack of success on the merits of his claim, the Board finds it 
is not in the interest of justice to waive the statute of limitations in this case.   
 
 
because it is untimely. 
 
 
 
 
 
 
 
 

10.    Accordingly,  the  applicant's  request  should  be  denied  because  it  lacks  merit  and 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

                                                 
2  An anniversary year extends from the date of entry or reentry into the Reserve to the day preceding the anniversary 
of entry or reentry.  See Enclosure (1-1) to the Reserve Administration and Training Manual.   
3    Article  4-A-1  of  the  Reserve  and  Administration  Training  Manual  then  in  effect  stated  that  “Selected  Reserve 
member shall be scheduled for an average of four drills for each month and 48 drills during each anniversary year.”   

The  application  of  former  XXXXXXXXXXXXXXXX,  USCGR,  for  correction  of  his 

ORDER 

  

 

 
 

 
 

   
 

 
 
military record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 

 
 

 

 

 
 Bruce D. Burkley 

 

 

 
 J. Carter Robertson 

 

 

 
Dorothy J. Ulmer