Application for Correction of
Coast Guard Record of:
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
BCMR Docket
No. 2001-124
FINAL DECISION
DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
This final decision, dated June 20, 2002, is signed by the three duly appointed
ULMER, Chair:
This is a proceeding under the provisions of section 1552 of title 10 and section
425 of title 14 of the United States Code. It was commenced on June 18, 2001, upon the
Board's receipt of the applicant's complete application for correction of her military
record.
members who were designated to serve as the Board in this case.
The applicant, a former petty officer second class (pay grade E-5) requested that
her DD Form 214 (discharge document) be corrected to show that she had served for six
or eight years on inactive duty in the Coast Guard Reserve. She stated that she needs
her DD Form 214 to show this inactive duty time so that she can join the Air National
Guard. The applicant claimed that she discovered the alleged error or injustice in April
or May 2001. She failed, however, to explain why she could not have discovered the
alleged error any earlier.
On October 23, 1978, the applicant enlisted in the Coast Guard for six years. The
applicant’s enlistment contract stated that four of her six years of obligated service
would be spent on active duty in the regular Coast Guard and two would be spent in
the Reserve, unless sooner discharged.
At her request, she was discharged from active duty on July 8, 1982.1 Upon her
discharge, the applicant received a DD Form 214, which indicated that she had served
1 The applicant was honorably discharged by reason of convenience of the government due to
“parenthood and custody of minor children.” She was given the corresponding RE-3B reenlistment code.
On December 31, 2001, a copy of the Coast Guard views was mailed to the
Applicant's Response to the Views of the Coast Guard
applicant for a reply. She did not submit a response.
FINDINGS AND CONCLUSIONS
on active duty from October 23, 1978 until July 8, 1982. There was no mention of any
time served on inactive duty. A discharge severs all ties with the military.
Views of the Coast Guard
On December 27, 2001, the Board received an advisory opinion from the Chief
Counsel of the Coast Guard recommending that the board deny relief in this case. The
Chief Counsel stated that the application should be dismissed because it was not timely.
Alternatively, he argued that the application should be denied because the applicant
failed to allege an error or injustice or submit any evidence establishing an error or
injustice in her record.
1. The BCMR has jurisdiction over this matter pursuant to section 1552 of title
The Board makes the following findings and conclusions on the basis of the
applicant's submissions and military record, the Coast Guard's submission, and
applicable law:
10, United States Code. The application was not timely.
2. To be timely, an application for correction of a military record must be
submitted within three years after the alleged error or injustice was or should have been
discovered. See 33 CFR 52.22. The applicant was discharged approximately 19 years
before she filed her application with the Board. She was given a DD Form 214 at that
time which contained no mention of inactive duty credit. She should have discovered
the alleged error at that time.
3. The Board may still consider the application on the merits, however, if it finds
it is in the interest of justice to do so. The interest of justice is determined by taking into
consideration the reasons for and the length of the delay and the likelihood of success
on the merits of the claim. See Allen v. Card, 799 F. Supp 158 (D.D.C. 1992).
4. Although the applicant claimed that she did not discover the alleged error
until April or May 2001, she did not state why she could not have discovered the allege
error sooner. She merely stated that she needed her DD Form 214 to show six or eight
6. Therefore, the Board finds that it is not in the interest of justice to waive the
years of inactive duty so she could join the Air National Guard. The applicant has not
provided a persuasive reason for not filing her application sooner.
5. In addition, after a review of the merits of her claim, the Board finds that the
applicant has failed to establish by a preponderance of the evidence that her DD Form
214 contains an error or injustice. In fact, she presented no evidence showing that the
DD Form 214 was in error or unjust. Without such evidence, the applicant had no
chance of success on the merits of her claim.
three-year statute of limitations in this case.
7. Accordingly, the applicant’s request for relief should be denied.
[ORDER AND SIGNATURES ON NEXT PAGE]
The application of XXXXXXXXXXXXXXXXXXXX for the correction of her
ORDER
military record is denied.
James K. Augustine
Murray A. Bloom
Betsy L. Wolf
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