DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2011-012
Xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
FINAL DECISION
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 after receiving the applicant’s
completed application on October 21, 2010, and assigned it to staff member J. Andrews to pre-
pare the decision for the Board as required by 33 C.F.R. § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated June 23, 2011, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, who was honorably discharged from the Coast Guard in 1971, asked the
Board to correct his discharge form DD 214 to show that he is entitled to wear the “Sea Service
ribbon, Arctic ribbon, and one other. Please review records for accuracy.” He alleged that he
discovered the errors on January 1, 2010, when he looked at his DD 214, which “had been put
away for years.”
SUMMARY OF THE RECORD
On September 25, 1967, the applicant enlisted in the Coast Guard for four years. On
October 21, 1968, after completing boot camp and Radioman “A” School, the applicant reported
for duty at a LORAN station in Adak, Alaska, an isolated unit.1 On March 10, 1969, he was
transferred to the CGC IRONWOOD, a buoy tender based in Homer, Alaska.2 An Administra-
tive Remarks entry made by the executive officer of the IRONWOOD on February 13, 1970,
noted that the applicant completed 11 months and 4 days of sea duty before he was transferred
from the cutter. On February 28, 1970, the applicant reported for duty at Air Station Port
Angeles, Washington, where he served until he was released from active duty into the Reserve on
September 24, 1971.
1 Located near the western end of the Aleutian Islands, Adak is the southernmost city in Alaska, at 51°53’0” North.
2 Homer, Alaska, at 59°38’35” North, is south of Anchorage on the Kenai Peninsula.
Administrative entries in the applicant’s record show that he was issued the National
Defense Service Medal and the Good Conduct Medal.
The applicant’s DD 214 dated September 24, 1971, which he signed, shows entitlement
to only the National Defense Service Medal and the Good Conduct Medal in block 24, where
medals and awards are listed.
VIEWS OF THE COAST GUARD
On January 5, 2011, the Judge Advocate General (JAG) of the Coast Guard submitted an
advisory opinion in which recommended that the Board deny the applicant’s request. The JAG
stated that the application is untimely and that the applicant failed to explain why he waited so
long to seek correction of the alleged error.
In recommending denial, the JAG adopted the findings and analysis provided in a memo-
randum on the case prepared by the Personnel Service Center (PSC). The PSC stated that relief
should be denied because a careful review of the applicant’s record has shown that no awards,
medals, or ribbons were erroneously omitted from his DD 214. In this regard, the PSC noted that
the criteria for a Sea Service ribbon include 12 months of sea duty, which the applicant did not
have, and that the list of units authorized to wear the Arctic Service medal does not include any
unit to which the applicant was assigned for the period the medal was authorized.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
and invited him to submit a response within thirty days. No response was received.
On January 18, 2011, the Chair sent the applicant a copy of the views of the Coast Guard
APPLICABLE REGULATIONS
Chapter 5.A.21. of the Medals and Awards Manual states that the Sea Service Ribbon
was authorized on March 3, 1984, and is “[a]warded to active and inactive duty members of the
Coast Guard and Coast Guard Reserve or non-Coast Guard personnel who, under temporary or
permanent assignment, satisfactorily complete a minimum of 12 months cumulative sea duty
(first award).” The manual contains no provisions for a retroactive award of this ribbon.
Chapter 5.A.5.a. of the Medals and Awards Manual states that the Arctic Service Medal,
which was authorized on May 20, 1976, may be awarded to the following members for service
since January 1, 1946:
(1) Any member of the Coast Guard who, during summer operations (1 May to 31 October),
serves in any Coast Guard mission north of the Arctic Circle (66°33’N); or any member of the
Coast Guard who, during winter operations (1 November to 30 April), serves or has served aboard
a Coast Guard vessel operating in polar waters north of latitude 60 degrees North, specifically in
the Bering Sea, Davis Strait, or Denmark Strait. Minimum time requirement is 21 consecutive
days under competent orders. Only one award per deployment is authorized.
(2) Any member of the Coast Guard who participates in or has participated in flights …
(3) Any member of the Coast Guard who serves or has served at least 21 consecutive days under
competent orders at:
(a) CG Loran Station, Cape Atholl, Greenland [76°18’56”N];
(b) CG Loran Station, Cape Christian, Baffin Island, Canada [70°32’N];
(c) CG Loran Station, Port Clarence, Alaska [65°14’40”N];
(d) CG Loran Station, Barrow, Alaska [71°17’44”N];
(e) CG Loran Station, Bo, Norway [68°38’06”N]; or
(f) CG Loran Station, Jan Mayen Island, Norway [70°54’51”N].
Enclosure (14) to the Medals and Awards Manual lists the cutters and periods for which
the crews of those cutters were eligible for the Arctic Service Medal. The CGC IRONWOOD is
not on the list.
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 applicable law:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.
1.
3.
2.
Under 10 U.S.C. § 1552(b), an application to the Board should be filed within
three years of when the applicant discovers the alleged error in his record. Because the Arctic
Service Medal and Sea Service Ribbon were both authorized after the applicant was discharged
from active duty, he could not have known about the alleged errors upon his discharge. How-
ever, he could have discovered the alleged errors at any time after the medal and ribbon were
authorized in 1976 and 1984, respectively. The applicant claimed that he discovered the alleged
errors on January 1, 2010, when he apparently looked at his DD 214 for the first time in many
years. Presumably, after looking at his DD 214, he wondered if he might be entitled to additional
medals and learned of the existence of the Sea Service Ribbon and the Arctic Service Medal.
The Board’s rules at 33 C.F.R. § 52.22 state that an application “must be filed
within three years after the applicant discovered or reasonably should have discovered the
alleged error or injustice.” Courts have held that the plain language of § 1552(b) requires the
Board to use the actual date of discovery, rather than the date at which a hypothetical “reasona-
ble person” would have discovered the alleged error or injustice,3 but also that “this does not
mean that the actual date of discovery is whenever a plaintiff says it is.”4 In McFarlane v. Secre-
tary of the Air Force, 867 F. Supp 405, 412 n.12 (E.D. Va. 1994), the court noted that “[a]though
the relevant inquiry is what Ms. McFarlane knew and when she knew it, the Board may have to
consider what a reasonable person would have known in order to establish what Ms. McFarlane
herself knew. …. [I]f direct evidence of Ms. McFarlane’s knowledge is inconclusive, then the
best evidence of what and when [she] knew may well be circumstantial, that is, what reasonable
people in her situation would have known. See, e.g., United States v. Jones, 797 F.2d 184, 187
(4th Cir. 1986) (government may rely on circumstantial evidence to prove knowledge).” In this
3 McFarlane v. Secretary of the Air Force, 867 F. Supp 405, 411-12 (E.D. Va. 1994).
4 Wielkoszewski v. Harvey, 2005 WL 3206855, at *5 (D.D.C.).
case, the Board knows of no ubiquitous publicity that would have alerted a reasonable veteran of
the Coast Guard to his potential entitlement to the Sea Service Ribbon or the Arctic Service
Medal. Therefore, although the applicant, with due diligence, could have discovered his poten-
tial entitlement to these awards many years ago, the Board finds that the date of his discovery
was when he pulled out his DD 214 and learned about the awards in 2010. Therefore, his appli-
cation is timely.
Although the application is timely, the Board finds that it fails on the merits
because the applicant did not qualify for either a Sea Service Ribbon or an Arctic Service Medal
under the eligibility criteria in the Medals and Awards Manual. With regard to the Sea Service
Ribbon, the applicant is ineligible for two reasons: First, the ribbon was first authorized in 1984,
and Chapter 5.A.21. of the Medals and Awards Manual, which governs its issuance, does not
provide for retroactive issuance to veterans; second, the eligibility criteria in Chapter 5.A.21.
require a full year of sea duty, but the applicant performed just 11 months and 4 days of sea duty.
In contrast, the Arctic Service Medal was authorized retroactively back to 1946 for veterans with
qualifying service. However, the applicant’s records show that he never performed service that
qualified him for the medal under the eligibility criteria in Chapter 5.A.5. of the Medals and
Awards Manual even though he was assigned to both a shore unit and a cutter based in Alaska.
His shore unit, LORAN Station Adak, at latitude 51°53’ North, was far south of the Arctic Circle
at latitude 66°33’ North and is not listed in Chapter 5.A.5.a.(3) as one of the LORAN stations
whose personnel may qualify for the medal. His cutter, CGC IRONWOOD, was a buoy tender,
and although it was based at Homer, Alaska, latitude 59°38’35” North, it is not listed in Enclo-
sure (14) to the Medals and Awards Manual as one of the cutters whose crew ever served 21 con-
secutive days (a) north of the Arctic Circle during summer months or (b) north of latitude 60°
North in the Bering Sea during winter months.
The Board notes that the applicant requested another, unspecified award. How-
ever, there is no evidence that he is entitled to any medal, ribbon, or award other than those
already listed on his DD 214.
4.
5.
6.
Accordingly, the applicant’s request for correction should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction
ORDER
Philip B. Busch
Reagan N. Clyne
Rebecca D. Orban
of his military record is denied.
CG | BCMR | Medals and Awards | 2008-007
Regarding the merits of the applicant’s request, CGPC stated that under Article 5.A.5.a. (1) of the Medals and Awards Manual, to receive the Arctic Service Medal, a member must “serve for a minimum period of 21 non-consecutive days under competent orders in waters north of 66°33’N (during summer operations) or north of latitude 60° North in the Bering Sea, Davis Strait, or Denmark Strait.” CGPC further noted that in Enclosure (14) to the Medals and Awards Manual, the last period listed for...
This final decision, dated September 11, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that the selective reenlistment bonus (SRB)1 he received for extending his enlistment in order to transfer from the CGC ADAK, which was stationed in Bahrain, to the CGC RUSH is tax exempt. Coast Guard Personnel Manual, Article 3.C. of the Personnel Manual, members may not sign a reenlistment or extension...
CG | BCMR | Medals and Awards | 2011-016
This final decision, dated June 23, 2011, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who was honorably discharged from the Coast Guard in 1966, asked the Board to correct his discharge form DD 214 to show that he received a medal for participating in the Cuban Missile Crisis1 and to have the Coast Guard issue a DD 215 showing all of the medals and citations he received. All of the medals that a Coast Guard member could receive for serving...
CG | BCMR | Medals and Awards | 2008-081
The applicant asked that his DD 214 be corrected to show that he is entitled to “Sikorsky wings.” There is no such medal or award listed in the Medals and Awards Manual (MAM), COMDTINST M1650.25D, and the Coast Guard states that it is not an authorized military award but an award issued by a private corporation. Therefore, because the WINONA received a “Military Readiness Award” during Refresher Training in November 1967, while the applicant was a member of the crew, the Board finds that...
CG | BCMR | OER and or Failure of Selection | 2011-010
He alleged that during this period, his sea pay was stopped because on July 21, 2010, someone made an erroneous entry in the Direct Access database indicating that he had been transferred from the CGC BUCKTHORN to a shore unit. The Coast Guard recommended that the Board grant relief because the Executive Petty Officer of the cutter has confirmed that the applicant “was subject to an erroneous reassignment from his cutter billet to a shore based billet and then back to his cutter...
CG | BCMR | Other Cases | 2010-259
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. applicant qualified as a boat3 crewmember on April 29, 1980, there are no documents in his record indicating that he ever served sea duty or received sea pay.4 Upon his discharge on November 26, 1980, the applicant signed his DD 214, showing zero sea service, as well as an Administrative Remarks page noting that he had “completed 00 years, 00...
ARMY | BCMR | CY2006 | 20060000331C070205
The applicant's DD Form 214 shows he served in Vietnam from 19 August 1971 through 20 January 1972. There is no substantiating evidence in the applicant's service personnel records, and the applicant provided none, to show that he was wounded, a first time or a second time, while he served in Vietnam. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. deleting the Vietnam Service Medal from the applicant's DD...
CG | BCMR | Other Cases | 2003-125
This final decision, dated April 29, 2004, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his discharge form DD 214 to show that he served overseas in Greenland in 1965 and 1966. A review of the record indicates that the form DD 214 has no block in which a member’s service in Greenland should be spelled out, unless it was the member’s last duty station or the station from which he was discharged. Therefore, although the applicant...
CG | BCMR | Medals and Awards | 2008-037
The list of Coast Guard vessels that served in that area during that period does not include the Rockaway. APPLICABLE LAWS Commandant Instruction M1650.25D, the Coast Guard’s Medals and Awards Manual, contains the rules governing the eligibility of Coast Guard members for various awards and med- als. of the manual provides the eligibility requirements for the Armed Forces Expeditionary Medal (AFEM), as follows: The AFEM may be awarded to personnel of the Armed Forces of the United States...
CG | BCMR | Medals and Awards | 2010-249
The fact that he was unaware or had forgotten by August 2010 that Coast Guard members may be recommended for a Gold or Silver Lifesaving Award—instead of a purely military medal, such as a Coast Guard Medal, Meritorious Service Medal, or Coast Guard Commendation Medal—if their acts of heroism are performed while on leave or liberty does not explain why he failed to seek a higher award sooner if he felt his Coast Guard Com- mendation Medal was insufficient. His Group Commander recommended...