DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

  

_____________________________________________________________________________                                                               
 
Application for Correction           
of the Coast Guard Record of:                     
                                         
                                                                                       BCMR Docket No. 2008-094 
                                                                               
XXXXXXXXXXXXXX 
XXXXXXXXXXXXXX  
 
______________________________________________________________________________ 
 

  

FINAL DECISION                                                                                     

 
 
This proceeding was conducted according to 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 March 21, 
2008, upon receipt of the applicant’s completed application, and subsequently prepared the final 
decision for the Board as required by 33 CFR § 52.61(c).         
 
 
appointed members who were designated to serve as the Board in this case. 
 

This final decision, dated December 17, 2008, is approved and signed by the three duly 

RELIEF REQUESTED  

 
 
The  applicant  asked  the  Board  to  correct  his  record  to  show  that  he  was  awarded  the 
Coast Guard Meritorious Unit Commendation for the period June 1, 1994 through July 3, 1996, 
the Coast Guard “E” Ribbon for the period May 16, 1994 through June 2, 1994, while on the 
CGC STORIS, and the Coast Guard Unit Commendation for the period May 1, 1993 through 
September 30, 1995 while assigned to the Petaluma Training Center.   
 
 
The applicant entered active duty on August 3, 1993.  He was placed on the temporary 
disability retired list (TDRL) and temporarily retired on May 18, 1998, with an SFK (temporary 
disability)  separation  code  and  an  RE-3P  (eligible  for  reenlistment  with  waiver)  reenlistment 
code.   
 
On March 1, 2001, the applicant was removed from the TDRL and discharged from the 
Coast Guard by reason of physical disability with a 20% disability rating for which he received 
severance pay.  He is currently requesting that his DD Form 214 be corrected to change the type 
of separation from retired to discharged, the separation code from SFK to KBK (completion of 
required service), and the reenlistment code from RE-3P to RE-1 (eligible to reenlist).  He is also 
requesting that block 4.a. of his DD Form 214 be corrected to show FNMK as his rate instead of 
FN.     
 
The applicant claimed that he discovered the alleged error on May 19, 1998 and that he 
 
has tried since then to have his DD Form 214 corrected. Documents in his military record show 
that on March 17, 2001, he sent a letter to National Personnel Records Center requesting a copy 

of his DD Form 214.  On December 6, 2001, he sent another letter to NPRC stating that he was 
in contact with the Coast Guard about certain inaccuracies on the DD Form 214 but needed a 
copy of all of his records to corroborate his contentions.  NPRC sent the applicant a letter dated 
February 5, 2003, informing the applicant that it did not have authority to review and approve 
amendments  or  corrections  to  records.    NPRC  enclosed  a  DD  Form  149  for  the  applicant  to 
request corrections through the BCMR.  The applicant stated that on December 20, 2007, Coast 
Guard Personnel Command corrected block 14 (Military Education) of his DD Form 214 through 
the issuance of a DD Form 215.    
 

VIEWS OF THE COAST GUARD 

 
 
On August 12, 2008, the Board received an advisory opinion from the office of the Judge 
Advocate General (JAG) of the Coast Guard.  The JAG adopted the facts and analysis provided 
by the Commander, Coast Guard Personnel (CGPC) as the advisory opinion. 
 
 
through the issuance of a DD Form 215: 
 

CGPC  recommended  that  the  Board  grant  the  following  partial  relief  to  the  applicant 

•  That  Item  13  of  the  DD  Form  214  be  corrected  to  show  that  the  applicant  earned  the 

“Coast Guard Meritorious Unit Commendation” and the “Coast Guard “E” Ribbon.” 

  

 

 

 

 

 

•  That Item 23 of the DD Form 214 be corrected to show that the applicant was discharged 

instead of retired. 

•  That Item 26 of the DD Form 214 be corrected to show JFL (disability severance pay) as 

the separation code rather than SFK. 

•  That Item 28 of the DD Form 214 be corrected to show disability severance pay instead 

of temporary disability as the narrative reason for separation. 

•  That the following remarks be added to Item 18:  “Effective March 1, 2001, status change 
from  temporary  retired  to  disability  with  severance  pay  –type  of  separation,  separation 
code and narrative reason updated for separation to reflect status change.”   

CGPC  reached  the  following  conclusions  after  reviewing  the  applicant’s  application  and 

service record: 
 

1.  A complete review of the applicant’s record supports that he is entitled to the 
award of the Coast Guard Meritorious Unit Commendation and the Coast Guard 
“E” Ribbon for his service on board the Coast Guard cutter STORIS (WMEC 38).   
 
2.    The  applicant  contends  that  he  is  entitled  to  the  Coast  Guard  Unit 
Commendation.    There  is  no  indication  in  the  Applicant’s  record  that  he  was 
awarded  this  award.    The  applicant  was  assigned  to  Training  Center  Petaluma 
from  approximately  July  1995  through  May  18,  1998.    The  applicant’s  record 
does  not  contain  more  specific  dates  for  this  assignment.    Training  Center 

  

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On August 14, 2008, a copy of the views of the Coast Guard was mailed to the applicant 

Petaluma was awarded the Coast Guard Unit Commendation for the period May 
1, 1993 through September 30, 1995 . . .  the applicant was assigned to this unit 
for approximately 90 days out of the 870-day period covered by this award (10% 
of the period) . . .  [Article 2.A.1. of the Medals and Awards Manual] prescribes a 
50% participation standard unless the individual is specifically recommended for 
such  award.    There  is  no  indication  that  the  applicant  was  specifically 
recommended for the Coast Guard Unit Commendation Ribbon.   
 
3.  The applicant states that item 4.a. of his DD Form 214 should reflect FNMK 
(fireman machinery technician) vice FN (fireman).  The applicant’s record shows 
that  he  received  training  in  engineering  specific  courses.    However,  there  is  no 
indication  that  he  attended  Machinery  Technician  Class  “A”  School  or 
successfully  completed  the  Machinery  Technician  striker  program  and  was 
designated as a Machinery Technician.  The applicant has not substantiated that he 
was in fact assigned the MK rating designator.   
 
4.  The applicant further requests that his DD-214 be corrected to reflect that he 
was  discharged  vice  retired  and  that  his  separation  code,  reentry  code  and 
narrative reason for separation be updated accordingly.  The applicant’s status at 
the time he departed active duty on May 18, 1998, was temporary disability retired 
list  (TDRL).    He  was  subsequently  found  not  fit  for  duty,  assigned  a  disability 
rating of 20% and separated with severance pay effective March 1, 2001 . . .  At 
the time of issuance and for the period of service indicated, the DD-214 correctly 
identifies the applicant’s status.  The applicant was properly assigned SPD Code 
SFK . . . upon being placed on the TDRL, although he should have been assigned 
a RE-2 [retired] vice RE-3P Reentry Code.   
 
5.    The  applicant  requests  his  SPD  Code  be changed to “KBK”, which reflects 
“completion of required service” . . .  The applicant’s discharge with severance 
pay  does  not  support  the  assignment  of  this  SPD  Code.    Rather,  effective  on 
March 1, 2001, the appropriate code would be JFL, “Disability Severance Pay”.  
SPD Code JFL carries a Reentry Code of RE-3P.  Therefore, the applicant should 
be  issued  a  DD-215  correction  changing  item  23  to  “Discharged”,  item  26  to 
“JFL”, item 28 to ‘Disability Severance Pay”.  The following notation should be 
included  in  the  remarks:    “Effective  March  1,  2001,  status  changed  from 
Temporary  Retired  to  Disability  with  Severance  Pay--Type  of  Separation, 
Separation  Code  and  Narrative  Reason  for  Separation  updated  to  reflect  status 
change.”  The issuance of a DD-215 is desired vice a new DD-214 as the DD-215 
more clearly shows a change in status from the TDRL to separation with disability 
retirement.   

 
 
for his response.  The Board did not receive a response from the applicant.    
 
 

 

  

FINDINGS AND CONCLUSIONS 

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

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. 
 
 
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 in 1998.  However, it appears 
from  the  record  that  the  earliest  the  applicant  could  have  discovered  the  alleged  errors  with 
respect to the type of discharge, reason for his discharge, and separation was March 1, 2001 the 
date  on  which  his  status  changed  from  temporarily  retired  by reason of physical disability  to 
discharged  by  reason  of  physical  disability  with  severance  pay.    Using  the  2001  “change  in 
status” date, the applicant  still filed his BCMR application more than three years past the statute 
of limitations.    
 
 
4.  However, the Board may still consider the application on the merits, if it finds 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  in  assessing  whether  the  interest  of  justice  supports  a  waiver  of  the  statute  of 
limitations, the Board "should analyze both the reasons for the delay and the potential merits of 
the claim based on a cursory review."   The court further instructed that “the longer the delay has 
been and the weaker the reasons are for the delay, the more compelling the merits would need to 
be to justify a full review.” Id. at 164, 165.   See also Dickson v. Secretary of Defense, 68 F.3d 
1396 (D.C. Cir. 1995).   
 
5.   The Board finds that it is in the interest of justice to waive the statute of limitations in 
  
this case, because the applicant’s military record contains some proof that he attempted to have 
alleged errors corrected, having some success in December 2007.  Also, there appears to have 
been some confusion as to when the error actually began.  In this regard, the applicant believed it 
occurred in 1998 and the Coast Guard believed that no error occurred at all, but rather a change 
in the applicant’s status occurred in 2001. Last, based upon the Coast Guard’s recommendation 
for partial relief, it appears that the applicant’s claim has some merit.  Therefore the Board finds 
that it is in the interest of justice to excuse the applicant’s untimely filing in this case.   
 
 
6.    The  Coast  Guard  recommends,  and  the  Board  agrees,  that  the  applicant’s  record 
should be corrected to show that he earned the  Coast Guard Meritorious Unit Commendation 
and  the  Coast  Guard  “E”  Ribbon  for  his  service  on  board  the  Coast  Guard  Cutter  STORIS 
(WMEC 38).  The Board accepts that the Coast Guard has performed a thorough review of the 
applicant’s  record  and  has  found  evidence  that  supports  his  contention  that  he  earned  these 
awards while in the Coast Guard.   
 
 
 7.  However, the applicant has not presented sufficient evidence to prove that he earned 
the Coast Guard Unit Commendation.  As the JAG stated, there is no evidence in the applicant’s 

  

 

9.    The  Board  notes  that  Chapter  1.B.3.  of  COMDTINST  M1900.D  (Certificate  of 
Discharge or Release from Active Duty, DD Form 214) states that a DD form 214 will not be 
issued to members who are being removed from the TDRL, which was the applicant’s situation.  
According to Chapter 1.K. of COMDTINST M1900.D if information may not be entered on a 
DD Form 214, then such information cannot be entered on a DD Form 215.    However since the 
advisory opinion has been sent to the applicant and he has registered no objection to the relief 
recommended by the Coast Guard, it would be unjust to the applicant for the Board to deny the 
recommended  relief.    However,  the  Coast  Guard  is  directed  to  review  this  provision  for 
consideration in future cases of similar type.    

 
10.   The Board agrees with the JAG that the issuance of a DD-215 is more appropriate 
than  the  issuance  of  a  new  DD-214  because  the  DD-215  will  clearly  show  the  change  in  his 
status from placement on TDRL to time of actual separation with disability severance pay.  The 
Board will direct the changes as recommended by the JAG because doing so will eliminate any 
injustice suffered by the applicant under the circumstances.     

 
11.    The  applicant  alleged  that  his  rate  should  have  been  FNMK.    He  presented  no 
evidence that he graduated from MK “A” School or that he completed the MK striker course.  
Therefore, he has failed to prove error by the Coast Guard in not designating him as a FNMK on 
his DD Form 214.   
 
 

 
12.  Accordingly, the applicant is entitled to the relief recommended above. 

military record that he is entitled to this award.  Under Article 2.A.1. of the Medals and Awards 
Manual, a member must have  participated with the unit for at least half of the period for which 
the award was given.  In this case the applicant was assigned to the unit that received the award 
for approximately 90 days of the 870-day period covered by this award, far less than the 50% 
required.  Therefore, he was not entitled to the Coast Guard Unit Commendation and the Coast 
Guard did not commit an error in this regard.   
 
8.    The  applicant  also  requested  that  his  DD-214  be  corrected  to  reflect  that  he  was 
 
discharged vice retired and that his separation code be changed to KBK and his reentry code be 
changed to RE-1.  Although the applicant’s DD Form 214 accurately reflected his situation when 
it was issued in 1998, the Coast Guard recommended the issuance of a DD Form 215 to reflect 
the change in the applicant’s status upon his removal from the TDRL in 2001.  In this regard, the 
Coast  Guard recommended changing the applicant’s separation from retired  to discharged, his 
separation  code  from  SFK  to  JFL  (Disability  Severance  Pay),  his  narrative  reason  from 
temporary  disability  to  disability  severance  pay,  and  noting  the  following  in  block  18:   
“Effective March 1, 2001, status changed from Temporary Retired to Disability with Severance 
Pay--Type of Separation, Separation Code and Narrative Reason for Separation updated to reflect 
status change.”  The applicant requested but is not entitled to a KBK separation code because he 
was not discharged due to completion of required service as that code would indicate.  Instead, 
the applicant was discharged due to a physical disability for which he received severance pay.  
Nor is he entitled to an RE-1 reenlistment code because he is not eligible to reenlist due to a 
disqualifying physical disability unless he obtains a waiver.   
 

ORDER 

  

 
The application of former XXXXXXXXXXXXXX, USCG, for correction of his military 
record is granted in part.  His DD Form 214 shall be corrected through the issuance of a DD 
Form 215 with the following modifications: 
 

Block  13  shall  show  the  addition  of  the  Coast  Guard  Meritorious  Unit 
Commendation Medal and the Coast Guard “E” Ribbon for his service on board 
the Coast Guard cutter STORIS (WMEC 38) . 
 
Block 23 shall show “discharged” as the type of separation.  
 
Block 26 shall show JFL as the separation code.   
 
Block  28  shall  show  “disability  severance  pay”  as  the  narrative  reason  for 
separation. 
 
Block 18 shall include the remarks “Effective March 1, 2001, status changed from 
Temporary  Retired  to  Disability  with  Severance  Pay  Type  of  Separation, 
Separation  Code  and  Narrative  Reason  for  Separation  updated  to  reflect  status 
change.”  

 
 

 
 

 
 

 
  All other relief is denied.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 Vicki J. Ray 

 

 

 
 George A. Weller 

 

 

 

 

 
 
 Janice Williams-Jones