DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2011-016
Xxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxx
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 November 1, 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 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. The applicant alleged that he was “on a 8203 running patrols around
Cuba during the Cuban Missile Crisis to help protect other boats in the area. We were stationed
out of Miami, FL.” He alleged that he discovered the error on August 10, 2010, when he applied
to join the Veterans of Foreign Wars and was told he should have the medal.
SUMMARY OF THE RECORD
On August 15, 1962, the applicant enlisted in the Coast Guard for four years. After com-
pleting basic training on November 14, 1962, he was assigned to the administrative office of
Group New Orleans in District 8 from November 26, 1962, until April 2, 1963, when he received
temporary orders assigning him to the crew of a patrol boat, CG-82303, which was homeported
at Grand Isle, Louisiana. However, the patrol boat and its crew were temporarily reassigned to
1 The Cuban Missile Crisis occurred in October 1962, when in response to the construction of missile bases on Cuba
by the Soviet Union, the United States created a blockade to prevent the delivery of arms to Cuba. The crisis ended
on October 28, 1962, when the Soviet Union agreed to dismantle and remove its missiles from Cuba and the United
States agreed never to invade Cuba and to remove certain missiles from Europe and Turkey. The Soviets dismantled
the missile bases and removed the missiles in November and December 1962.
Miami, Florida, in District 7, and the applicant remained with the crew in District 7 from April 7
to July 1, 1963. On July 17, 1963, the applicant reported for duty at Group Duluth, Minnesota.
He served at various units in Minnesota and Wisconsin until he was honorably discharged on
August 12, 1966. The only award listed on his DD 214, which he signed upon his discharge, is
the Good Conduct Medal.
VIEWS OF THE COAST GUARD
On January 13, 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. In
recommending denial, the JAG adopted the findings and analysis provided in a memorandum on
the case prepared by the Personnel Service Center (PSC), which stated that the Board should
deny relief because there was no “citation, award, ribbon, medal, or any other accoutrement or
designation” for members involved in the Cuban Missile Crisis. The PSC also stated that a
thorough review of the applicant’s entire service record had shown that the only award he is
entitled to is a Good Conduct Medal, which is already shown on his DD 214.
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.B.11. of the old Medals and Awards Manual, COMDTINST M1650.25B,
issued in 1995, states that the primary criterion for a National Defense Service Medal, which was
authorized by Executive Order 11265 on January 11, 1966, is “[h]onorable active service as a
member of the Armed Forces for any period after 26 June 1950 and before 28 July 1954, after 31
December 1960 and before 15 August 1974, or on or after 2 August 1990 until a date to be
determined by the Secretary of Defense.” The exceptions that follow this criterion are inapplica-
ble in this case. Chapter 5.A.5.a.(1) of the current Medals and Awards Manual, COMDTINST
M1650.25D, includes similar language and adds more recent eligibility periods.
Under Chapter 5.B.4. of the old Medals and Awards Manual, Coast Guard members
could receive a Navy Expeditionary Medal, which was authorized on May 13, 1935, if between
January 3, 1961, and October 23, 1962, they “actually landed on foreign territory and engaged in
operations against armed opposition, or operated under circumstances which after full considera-
tion shall be deemed to merit special recognition and for which service no campaign medal has
been awarded.” For the purposes of this award, the “Cuban operation area” was defined as “that
water area between 12 and 28 degrees north latitude and between 66 and 84 degrees west longi-
tude,” and so includes Miami, Florida, which is located at about 25° N, 80° W. The units and
vessels whose crews were eligible for this medal are listed in Enclosure (9) to the manual. The
applicant’s vessel, WPB 82303, later named the POINT YOUNG, is not on the list. Nor is it on
the list for this medal in Enclosure (12) to the current Medals and Awards Manual.
Under Chapter 5.B.15. of the old Medals and Awards Manual, members could receive an
Armed Forces Expeditionary Medal, which was authorized by Executive Order 10977 on
December 4, 1961, if between October 24, 1962, and June 1, 1963, they served 30 consecutive
days in the Cuba operations area; served 30 consecutive or 60 non-consecutive days in direct
support of the operation and entered the operations area; or engaged in actual combat against an
armed opponent during the operation. The vessels and the periods for which those vessels’
crews are eligible for the medal are listed in Enclosure (12) to the manual. The applicant’s ves-
sel, WPB 82303 (CGC POINT YOUNG), is not on the list. Nor is it on the list for this medal in
Enclosure (15) to the current Medals and Awards Manual.
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.
2.
An application to the Board should be filed within three years of when the appli-
cant discovers the alleged error in his record.2 The applicant has asked for a medal for his ser-
vice during the Cuban Missile Crisis. All of the medals that a Coast Guard member could
receive for serving during the Cuban Missile Crisis were authorized before the applicant’s dis-
charge in 1966. The applicant alleged that he did not know about the possibility of any such
medals until August 10, 2010, but the Board finds this unlikely.3 Although the applicant may
have forgotten in the long interim that some Coast Guard members received medals for service
during the Cuban Missile Crisis, the Board finds that he knew of the possibility of receiving such
medals prior to his discharge.4 In addition, the Board notes that the applicant signed his DD 214
showing entitlement to only the Good Conduct Medal in 1966. Therefore, his application is
untimely.
3.
Under 10 U.S.C. § 1552(b), the Board may excuse the untimeliness of an applica-
tion if 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 to determine 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.”5
2 10 U.S.C. § 1552(b).
3 Wielkoszewski v. Harvey, 2005 WL 3206855, at *5 (D.D.C.) (noting that for the purposes of 10 U.S.C. § 1552(b), a
date of discovery is not necessarily whatever date the applicant says it is).
4 See McFarlane v. Secretary of the Air Force, 867 F. Supp 405, 412 n.12 (E.D. Va. 1994) (“Athough 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.”).
5 Allen v. Card, 799 F. Supp. 158, 164-65 (D.D.C. 1992); see also Dickson v. Secretary of Defense, 68 F.3d 1396
(D.C. Cir. 1995).
5.
6.
7.
8.
Some Coast Guard members were awarded either a Navy Expeditionary Medal or
an Armed Forces Expeditionary Medal for their service in the Cuban operations area during and
after the Cuban Missile Crisis.8 The applicant was still in boot camp during the crisis in October
1962 and so is clearly ineligible for a Navy Expeditionary Medal because that medal was only
awarded to members who served in the Cuban operation area on or before October 23, 1962.9
However, the criteria for an Armed Forces Expeditionary Medal include serving 30 consecutive
days in the Cuba operation area or 30 consecutive or 60 non-consecutive days in direct support
of the operation, as long as the member enters the operation area, between October 24, 1962, and
June 1, 1963.10 If the applicant met these criteria, he would be entitled to the Armed Forces
Expeditionary Medal.
The applicant’s military records show that he served aboard a patrol boat, WPB
82303, assigned to the Eighth District from April 7 to July 1, 1963, which period overlaps with
the eligibility period for the Armed Forces Expeditionary Medal, which ended on June 1, 1963.11
Thus, the applicant served aboard the WPB 82303 in the Eighth District for 56 days—from April
7 to June 1, 1963—during the eligibility period for the medal. Because the patrol boat was based
in Miami, Florida, which was within the Cuba operation area between 12° and 28° North and 66°
and 84° West, the crew presumably spent many of those 56 days in the Cuba operation area.
However, there is no evidence in the record that during these 56 days, the crew of the WPB
82303 served 30 consecutive days in the Cuba operation area or in support of the operation, and
the patrol boat is not on the list of vessels whose crews were found to be entitled to the medal.12
Therefore, the preponderance of the evidence shows that the applicant is not entitled to either a
Navy Expeditionary Medal or an Armed Forces Expeditionary Medal.
4.
Although the applicant did not provide a compelling reason his long delay in
seeking another medal for his service, the Board’s cursory review of the merits of the case shows
that he is entitled to at least one more medal. Therefore, the Board will waive the statute of
limitations and consider the case on its merits.
The applicant asked for an additional medal reflecting his service during the
Cuban Missile Crisis. His DD 214 and other military records show entitlement only to the Good
Conduct Medal, and these records are presumptively correct.6 However, the National Defense
Service Medal is awarded to all members who served honorably in the Armed Forces “for any
period (inclusive) … from 1 January 1961 to 14 August 1974 ….”7 The applicant served honor-
ably for four years during this period. Therefore, although no notation of the medal appears in
his record, the Board finds that he is entitled to it under the regulation, and his DD 214 should be
corrected to reflect that entitlement.
Accordingly, the only relief that should be granted is to correct the applicant’s DD
214 to show that he is entitled to wear the National Defense Service Medal.
6 33 C.F.R. § 52.24(b).
7 Medals and Awards Manual, COMDTINST M1650.25D (May 2008), Chapter 5.A.5.a.(1).
8 Id. in Enclosures (12) and (15).
9 Medals and Awards Manual, COMDTINST M1650.25B (March 1995), Chapter 5.B.4.
10 Id. at Chapter 5.B.15.
11 Id.
12 Id. in Enclosure (12); Medals and Awards Manual, COMDTINST M1650.25D (May 2008), Enclosure (15).
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his
military record is granted as follows:
The Coast Guard shall correct his DD 214 by issuing a DD 215 to show that he is entitled
to wear the National Defense Service Medal.
Philip B. Busch
Reagan N. Clyne
Rebecca D. Orban
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