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CG | BCMR | Other Cases | 2002-118
Original file (2002-118.pdf) Auto-classification: Denied
 

DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

____________________________________________________________________________ 
                                                                           
Application for Correction     
 
of Coast Guard Record of:               
                                                               
XXXXXXXXXXXXXXXXXX 
 
XXXXXXXXXXXXXXXXXX 
_____________________________________________________________________________ 
 

                                       BCMR Docket    
                              No. 2002-118    
 

FINAL DECISION 

The  final  decision,  dated  April  8,  2003,  is  signed  by  the  three  duly  appointed 

 
 
This is a proceeding under section 1552 of title 10 and section 425 of title 14 of the 
United States Code.  It was docketed on June 24, 2002, upon the Board's receipt of the 
applicant's complete application for the correction of his military record.  
 
 
members who were designated to serve as the Board in this case. 
 
 
The  applicant  enlisted  in  the  Coast  Guard  on  December  10,  1991,  and  he  was 
discharged  on  December  7,  1995.    On  March  27,  2002,  a  Texas  District  Court,  upon 
petition, entered an order changing the applicant's name.   
 
 
The  applicant  asked  the  Board  to  change  the  name  on  his  DD  Form  214 
(discharge  certificate  from  the  Coast  Guard)  to  that  recently  ordered  by  the  Texas 
Court.  
 
Views of the Coast Guard 
 
On October 22, 2002, the Chief Counsel of the Coast Guard recommended that 
 
the Board deny the applicant's request because he failed to prove an error or injustice in 
his military record.   
 

The Chief Counsel stated that the applicant's military record, including his DD 
214, should remain undisturbed as an accurate reflection of the applicant's service in the 
Coast  Guard.    He  stated  that  the  applicant  enlisted  and  served  in  the  Coast  Guard 
under the name as it appears in his military record. The Chief Counsel further stated the 
following: 
 

For historical purposes, the Coast Guard has an interest in maintaining the 
accuracy  of  its  records.    The  data  and  information  contained  in  those 
records  should  actually  reflect  the  conditions  and  circumstance  that 

existed  at  the  time  the  records  were  created.      Moreover,  under  the 
principle  of  dual  sovereigns  and  federal  supremacy,  neither  the  Coast 
Guard  not  the  BCMR  is  legally  required  to  recognize  a  Texas  District 
Court ordering Applicant's name change.   

 

According  to  the  Chief  Counsel,  the  2002  court  order  has  no  affect  on  the 
discharge  and  separation  papers  that  the  applicant  received  from  the  Coast  Guard  in 
1995.   
 
Applicant's Reply to the Views of the Coast Guard 
 
 
applicant inviting him to submit a reply.  He did not respond.  
 

On  October  28,  2002,  a  copy  of  the  Coast  Guard  views  was  mailed  to  the 

 

 

 

FINDINGS AND CONCLUSIONS 

 
The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 
 
submissions  of  the  applicant  and  of  the  Coast  Guard,  the  applicant's  military  record, 
and applicable law: 
 
  
1. The Board has jurisdiction of the case pursuant to section 1552 of title 10 of the 
United  States  Code.    It  is  timely  because  it  was  filed  within  three  years  of  the  court 
order changing the applicant's name.   
 
 
2.    First  and  foremost,  the  applicant  has  not  established  that  the  Coast  Guard 
committed any error or injustice regarding his name as it appears on the DD Form 214 
that was issued to him in 1995.  Nor has the applicant produced evidence that the 2002 
court order regarding his name change has any affect on events in 1995.  Finally, even if 
relevant,  the  applicant  produced  no  evidence  that  he  is  currently  encountering 
prejudice by having his DD Form 214 reflect a name different than that ordered by the 
Court.   
 
 
3.  Presenting the order from the court together with his DD Form 214 should be 
sufficient evidence that the applicant served in the Coast Guard under a different name 
but is in fact that same person as identified in the court order. 
 
 
  

4. Accordingly, the application should be denied. 

 

ORDER 

The application of former XXXXXXXXXXXXXXXXXXXXX, USCG, for correction 

 
 

 
 

 
 

 

 
 
 James K. Augustine 

 

 

 
 Quang Nguyen 

 

 

 
 Dorothy J. Ulmer 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 
of his military record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 

 



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