DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
_____________________________________________________________________________
Application for Correction
of the Coast Guard Record of:
BCMR Docket No. 2009-136
XXXXXXXXXXXX
XXXXXXXXXXXX
______________________________________________________________________________
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 application upon
receipt of the applicant’s completed application on May 4, 2009, and subsequently prepared the
final decision 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 January 14, 2010, is approved and signed by the three duly
RELIEF REQUESTED AND ALLEGATIONS
The applicant asked the Board to correct his record to show that he earned the Good
Conduct Medal for his service that ended on December 31, 1975. His record shows that he
enlisted on November 16, 1972, and was discharged on December 31, 1975. The applicant stated
that he believed his service record supported a Good Conduct Medal. He also stated that he
discovered the alleged error or injustice on March 23, 2009, while reviewing the criteria for
Coast Guard awards.
VIEWS OF THE COAST GUARD
On July 28, 2009, the Board received an advisory opinion from the Judge Advocate
General (JAG) of the Coast Guard. The JAG requested that the Board accept the memorandum
from Commander, Personnel Service Command (PSC) as the advisory opinion.
PSC recommended that the Board deny relief. PSC stated that the application should be
denied because it was untimely. PSC further stated that the applicant did not meet the minimum
active duty time required to earn the Good Conduct Medal. “During the period of the applicant’s
active duty, 4-years of continuous active duty was required to receive the Good Conduct Medal.”
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On September July 29, 2009, a copy of the Coast Guard’s views was sent to the applicant
for a response. No reply was received from the applicant.
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the submissions
1. The BCMR has jurisdiction of the case pursuant to section 1552 of title 10, United
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. 33 CFR § 52.22. The
applicant stated that he discovered the alleged error or injustice March 23, 2009, approximately
35 years after his discharge from the Coast Guard. However, the applicant was aware or should
have been aware that he had not received the Good Conduct Medal at the time of his discharge
from the Coast Guard in 1975. Therefore, his application was submitted approximately 32 years
past the statute of limitations and he did not provide a reason why it is in the interest of justice to
waive the untimeliness.
3. 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).
4. With respect to the merits, the Board finds that the applicant is not likely to prevail
because he did not meet the eligibility requirements for a Good Conduct Medal at the time of his
discharge. In this regard, the applicant had served on active duty only for 3 years, 1 month, and
15 days when a period of 4 years of continuous active duty service was required to earn the Good
Conduct Medal. COMDTINST M1650.25D (Medals and Awards Manual), Enclosure (11).
untimely.
5. Accordingly, the applicant's request should be denied because it lacks merit and it is
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application of former XXXXXXXXXXXXX, USCG, for correction of his military
record is denied.
ORDER
Donna M. Bivona
Evan R. Franke
James E. McLeod
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