DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

  

_____________________________________________________________________________                                                               
 
Application for Correction           
of the Coast Guard Record of:                     
                                         
                                                                                       BCMR Docket No. 2011-017 
                                                                               
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 upon receipt of the applicant's 
completed application November 1, 2010, and subsequently prepared the final 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  July  14,  2011,  is  approved  and  signed  by  the  three  duly 

RELIEF REQUESTED  

 
 
The applicant asked the Board to correct his record to show that he received a DD 214 
(certificate or release from active duty) for a 29-day period of active duty between October 21, 
2005 and November 18, 2005.  The applicant stated that he was involuntarily recalled to active 
duty under title 10 of the United States Code in support of Hurricane Katrina.  He contended that 
a  person  who  is  involuntarily  recalled  to  active  duty  is  entitled  to  a  DD  214  upon  his  or  her 
release from that period of active duty.   In support of his application, the applicant submitted a 
copy  of  his  recall  orders,  which  show  that  he  was  involuntarily  recalled  under  title  14  of  the 
United States Code.   
 
 
The applicant contended that he discovered the alleged error on September 23, 2010.  He 
stated  that  it  is  in  the  interest  of  justice  to  consider  his  application if more than 3 years have 
passed since he discovered the error because “[a]s a service member, I performed my duties as 
required in accordance with the UCMJ and the oath I had taken upon enlistment into the armed 
forces.”    He  also  stated  that  during  “the  hurricane  period  he  was  activated  and  deactivated  3 
times,” but only actually served during the period under review.   
 

VIEWS OF THE COAST GUARD 

 
On January 12, 2011, 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, in accordance with a memorandum from the Commander, Personnel Service Center 
(PSC).  
 
 
PSC noted that the application was not timely and should be denied for that reason.  With 
respect  to  the  merits  of  the  application,  PSC  stated  that  Chapter  1.B.10.  of  COMDTINST 
M1900.4D allows for the issuance of a  DD 214 for reservist upon completion of active duty for 
a period of 90 days or more.  PSC stated that the applicant’s official record does not show that he 
served for 90 days or more in support of Hurricane Katrina.  Therefore, the Coast Guard was 
correct not to issue the applicant a DD 214 for the active duty period under review.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On February 25, 2011, the Board received the applicant’s response to the views of the 

 
 
Coast Guard.  He disagreed that his application should be denied.   
 
 
The applicant stated that according to COMDTINST M3061.1 (Manpower Mobilization 
&  Support  Plan)  (1996),  a  DD  214  should  be  issued  upon  the  release  of  a  member  called  to 
active  duty.    The  applicant  submitted  a  copy  that  instruction.    Article  6.C.4.e.  states  the 
following:    “Reservist  involuntarily  ordered  to  active  duty  shall  be  issued,  upon  release  of 
discharge, a completed “Certificate of Release or Discharge from Active Duty (DD Form 214) in 
accordance with DOD Directive 1336.1 and the Personnel Manual.” 
 
 
time, he would have made every effort to ensure that he received one.     
 

The applicant stated that if he had known that a DD 214 should have been issued at the 

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.   
 

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

2. The application was not timely. Under 33 C.F.R. § 52.22, an application to the Board 
must  be  filed  within  three  years  after  the  applicant  discovers,  or  should  have  discovered,  the 
alleged error or injustice.  The applicant stated that he discovered the alleged error on September 
23, 2010.   However, he was aware of the existence of the DD 214 as early as April 16, 1988, 
because he received one at that time for an earlier period of active duty.  Therefore, he was aware 
upon his release from active duty on November 18, 2005 that he had not been given a DD 214.  
He should have filed his application within three years of his release from active duty in 2005.    

 
3.    Pursuant  to  10  U.S.C.  §  1552(b),  the  Board  may  excuse  the  untimeliness  of  an 
application 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 

FINDINGS AND CONCLUSIONS 

 

  

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.    
 
 
4.  The  Board  is  persuaded  to  waive  the  untimeliness  and  perform  a  full  review  of  the 
merits based upon the strength of the applicant’s case that an error exists in his record.  In this 
regard, the Board disagrees with the advisory opinion and finds that the applicant is entitled to 
relief.  The applicant submitted a copy of his orders showing that he was recalled involuntarily to 
active duty for 29 days in 2005 in response to and support of Hurricane Katrina.   According to 
COMDTINST M3061.1, a reservist involuntarily recalled to active duty shall be issued a DD 214 
upon  release  from  active  duty.    This  provision  is  consistent  with  Chapter  1.B.10.  of 
COMDTINST M1900.4D (Certificate of Release or Discharge from Active Duty), which states 
that a DD 214 will not be issued to “reservists who are released from continuous active duty for 
training (ADT) less than 90 days.”  The applicant was not on active duty for training, but rather, 
he  was  involuntarily  mobilized  and  deployed  under  title  14  in  support  of  Operation  Katrina.  
Therefore,  under  Coast  Guard  regulations,  the  applicant  was  entitled  to  a  DD  214  upon  his 
release from that period of active duty.    
 
 
5.  Enclosure (3) to DoDI M 1336.01 removes any doubt that a reservist who is ordered to 
active duty for a contingency operation will be issued a DD 214 regardless of the number of days 
served on active duty.   
 
 
entitled to a DD 214 and his application should be granted.    
 
 

6.  Accordingly, the applicant has proved by a preponderance of the evidence that he is 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

  

ORDER 

 
 
The  application  of  XXXXXXXXXXXXXX,  for  correction  of  his  military  record  is 
granted.    The  Coast  Guard  shall  issue  a  DD  214  to  the  applicant  covering  the  period  of  his 
involuntary recall to active duty from October 21, 2005 to November 18, 2005.  A copy of the 
DD 214 shall be placed in his military record.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 

 
 Francis H. Esposito 

 
 Dana Ledger  

 

 
 
 Troy D. Byers