DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 1998-015 
 
 
   

 

 
 

FINAL DECISION 

 
ANDREWS, Attorney-Advisor: 
 
 
This  proceeding  was  conducted  according  to  the  provisions  of  section 
1552 of title 10 of the United States Code.  It was commenced upon the BCMR’s 
receipt of the applicant’s application on October 24, 1997. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  February  25,  1999,  is  signed  by  the three  duly 

RELIEF REQUESTED 

 
The applicant, a retired xxxxxxxxxxxxxxxxxx, asked the Board to correct 
 
the  DD  Form  214  issued  to  him  on  October  31,  199x,  to  show  that  he  had 
performed foreign service. 
 

APPLICANT’S ALLEGATIONS 

 
 
The applicant alleged that before retiring in 199x, he had signed a blank 
DD  Form  214  because  he  was  going  on  leave  for  90  days  and  did  not  wish  to 
return to his post to sign the form later.  When he received the form, he noticed 
that it omitted his foreign service, but he did not try to have it corrected.  Now, 
however, he stated that he is “applying for the Southwest Asia Bonus” and so 
wants his DD Form 214 corrected. 
 
 
The  applicant  alleged  that  he  had  completed  10  months  and  20  days  of 
foreign service.  He submitted a copy of a DD Form 214 dated July 28, 195x, from 
the United States Navy, which shows that he performed 10 months and 20 days 
of “foreign and/or sea service.” 

 

VIEWS OF THE COAST GUARD 

 
 
On January 21, 1999, the Chief Counsel of the Coast Guard submitted an 
advisory opinion in which he recommended that the Board deny the requested 
relief.  He stated that the applicant’s DD Form dated October 31, 199x, is correct, 
and  that  the  applicant’s  sea  and  foreign  service  were  properly  documented  on 
his other DD Form 214s. 
 
 
The Chief Counsel attached to his advisory opinion a memorandum dated 
July  27,  1998,  from  the  Coast  Guard  Personnel  Command  (CGPC).    CGPC 
explained  that  DD  Form  214s  are  not  cumulative;  they  reflect  only  the  service 
performed  during  the  period  covered  by  the  form.    Therefore,  the  applicant’s 
Coast Guard foreign/sea service should be reflected only on the DD Form 214 
that covers the period during which he performed that service.  The applicant’s 
Coast Guard records indicate that he served 1 year, 11 months, and 21 days of 
“foreign/sea service” in the 1970s.  This service is properly documented on the 
DD Form 214 issued to him on January 27, 198x. 

 
The  DD  Form  214  issued  on  October  31,  199x,  covers  the  period  from 
January  27,  198x,  to  October  31,  199x.    The  applicant  did  not  perform  any 
foreign/sea  service  during  this  time.    Therefore,  the  DD  Form  214  issued  on 
October 31, 199x, should not reflect any foreign/sea service. 
 

SUMMARY OF THE RECORD 

 
 
The applicant submitted a DD Form 214 dated July 28, 195x, from the U.S. 
Navy.    The  form  shows  that  he  had  completed  10  months  and  20  days  of 
foreign/sea service during his 3 years and 2 days on active duty in the Navy. 
 
 
On  March  27,  197x,  the  applicant  enlisted  in  the  Coast  Guard  for  four 
years.    On  February  6,  1975,  the  applicant  reported  to  Coast  Guard  District 
xxxxxxxx in xxxxxxxxx.  On January 26, 1977, the applicant was discharged and 
issued a DD Form 214.  The form indicates that he performed 1 year, 11 months, 
and 21 days of foreign and/or sea service during his first enlistment in the Coast 
Guard.   
 

The  next  day,  January  27,  1977,  the  applicant  reenlisted  for  a  term  of  6 
years.   On January 26, 1983, the applicant was discharged upon the expiration of 
his enlistment.  His DD Form 214 shows he did not perform any foreign or sea 
service during his second, 6-year enlistment.   

 
On  January  27,  1983,  the  applicant  reenlisted  for  another  6  years.    He 
extended this enlistment for 6 more years on November 10, 1988.  He retired on 

October 31, 199x, after completing more than 20 years of active military service in 
the Coast Guard and Navy.  His DD Form 214 issued on that date indicates that 
he did not perform any foreign or sea service during his final enlistment. 
 

APPLICABLE LAWS 

 
 
Commandant  Instruction  M1900.4C  governed  the  preparation  of  DD 
Form  214s  at  the  time  of  the  applicant’s  discharge  in  199x.    Article  1-C  of  the 
instruction contains the following: 
 

Block 12a.  Date Entered Active Duty This Period.  Enter the date of entry 
on the current period of active duty . . . . 
 
Block  12  b.    Separation  Date  This  Period.    Enter  the  effective  date  of 
release, discharge, or change of status.  For personnel being retired, enter 
the last day of active duty in this block . . . . 

•   •   • 

Block 12 f.  Foreign Service.  Enter the years, months, and days of foreign 
service  from  the  date  entered  in  block  12a  through  the  date  entered  in 
block 12 b. . . . 
 
Block 12g.  Sea Service.  Enter the years, months, and days of sea service 
from the date entered in block 12 a through the date entered in block 12 b. 
. . . 

 

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: 
 

1. 

The Board has jurisdiction concerning this matter pursuant to sec-

tion 1552 of title 10 of the United States Code.   
 

2. 

An  application  to  the  Board  must  be  filed  within  three  years  of 
when the applicant discovers the alleged error in his record. 10 U.S.C. § 1552. The 
applicant admitted that he discovered the error in 199x but did not apply to the 
Board until October 1997.  Therefore, the Board finds that the applicant filed his 
application almost 7 years after he first discovered the alleged error.  Thus, his 
application was untimely. 

Pursuant to 10 U.S.C. § 1552, the Board may waive the three-year 
statute of limitations if it is in the interest of justice.  To determine whether it is in 
the interest of justice to waive the statute of limitations, the Board should con-
duct a cursory review of the merits of the case.  Allen v. Card, 799 F. Supp. 158, 
164 (D.D.C. 1992).   

 
3. 

 

4. 

The applicant alleged that his DD Form 214 issued on October 31, 
199x, is in error because it does not reflect his prior sea and foreign service.  The 
DD  Form  214  issued  on  October  31,  199x,  covered  the  applicant’s  final  enlist-
ment, which ran from January 27, 1983, to October 31, 199x.  A cursory review of 
the applicant’s record indicates that he did not perform any sea or foreign service 
between those dates.  The regulations require only foreign and sea service per-
formed  during  the  most  recent  enlistment  to  be  reflected  on  the  DD  Form  214 
covering that  enlistment.    Therefore,  the  Board  finds  that  the  Coast  Guard  has 
not committed any error with regard to this matter. 

 
 The applicant appears to be confused about the nature of DD Form 
214s.    As  CGPC  stated  in  its  memorandum,  the  forms  are  not  cumulative  and 
reflect only the service performed during the enlistment from which the member 
is being discharged.  Therefore, the foreign and/or sea duty performed by the 
applicant for the U.S. Navy in the 1950s properly appears only on the DD Form 
214 dated July 28, 195x, which he received for that enlistment in the Navy.  Like-
wise  the  foreign  and/or  sea  service  performed  by  the  applicant  for  the  Coast 
Guard in the 1970s properly appears only on the DD Form 214 dated January 26, 
1983, which he received for that enlistment. 
 
 
injustice, the Board will not waive the statute of limitations. 
 

Without evidence that the Coast Guard has committed an error or 

6. 

7. 

Accordingly, the applicant’s request should be denied.  

 
5. 

 
 
 
 
 
 
 
 
 

 
 
 
 

[ORDER AND SIGNATURES ON FOLLOWING PAGE] 

 
 

 

ORDER 

The application for correction of the military record of retired XXXXXXXX, 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
Robert H. Joost 

 

        

 
Walter K. Myers 

 

 

 
Michael K. Nolan 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

USCG, is hereby denied.