DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2003-125
Xxxxxxxxxxxxxxxxxxxx
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FINAL DECISION
ANDREWS, Deputy Chair:
This proceeding was conducted under the provisions of section 1552 of
title 10 and section 425 of title 14 of the United States Code. It was docketed on
August 11, 2003, upon receipt of the applicant’s completed application and mili-
tary records.
appointed members who were designated to serve as the Board in this case.
This final decision, dated April 29, 2004, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his discharge form DD 214 to
show that he served overseas in Greenland in 1965 and 1966. He did not provide
a date of discovery of the alleged error or a reason for his delay in applying for
this correction in his application.
SUMMARY OF THE APPLICANT’S MILITARY RECORDS
On November 26, 1963, the applicant enlisted in the Coast Guard for four
years. Upon completing training, he was assigned to Coast Guard Depot Chat-
tanooga, Tennessee, from March 17, 1964, to July 9, 1965. On January 4, 1965,
while he was permanently stationed in Chattanooga, he received temporary duty
orders to the cutter Ouachita. Upon his return to Chattanooga on January 28,
1965, his command noted that he had completed 25 days of sea duty on the
Ouachita.
On July 31, 1965, the applicant reported to Loran Station Cape Atholl in
Greenland, where he served as a boatswain’s mate until July 15, 1966. Upon his
transfer, his command noted that he had completed 11 months and 16 days of
foreign service.
From September 14, 1966, until October 14, 1966, the applicant was
assigned to serve on the Coast Guard cutter Poplar. From October 16, 1966, to
April 28, 1967, he served on the Sumac, and from April 28, 1967, until his honor-
able discharge on November 24, 1967, he served on board the Forsythia, a boat
stationed in Memphis, Tennessee.
Block 24.c of the applicant’s DD 214 shows that he performed a total of 2
years, 1 month, and 23 days of “foreign and/or sea service” during the enlist-
ment. The form DD 214 does not have a block where all stations at which a
member served are supposed to be listed. However, the station of the member’s
last duty assignment and the station at which the member’s discharge was
effected are supposed to appear on the form in blocks 12.a. and 11.b., respec-
tively. On the applicant’s DD 214, these blocks show that the Forsythia was both
the station of his last duty assignment and the station that effected his discharge.
VIEWS OF THE COAST GUARD
On December 10, 2003, the Judge Advocate General of the Coast Guard
submitted an advisory opinion in which he recommended that the Board deny
the applicant’s request. He stated that the applicant’s DD 214 was properly pre-
pared and that the applicant’s request is inappropriate because there is no proper
place on a DD 214 to list all of the units at which a member has served. The
Judge Advocate General stated that the applicant’s service in Greenland is prop-
erly accounted for in block 24.c. of his DD 214.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On December 15, 2003, the Chair sent the applicant a copy of the Judge
Advocate General’s advisory opinion and invited him to respond within 30 days.
On December 31, 2003, the Board received the applicant’s response. He stated
that he has “no objection to the Coast Guard’s recommendation, except I wanted
it spelled out on my DD 214 that I was station[ed] in Greenland in 1965 and 1966
at a place called Cape Atholl.”
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 the
day the applicant discovers the alleged error in his record. 10 U.S.C. § 1552(b).
The applicant received his discharge form DD 214 in 1967 and knew or should
have known that it did not state that he had served in Greenland at that time.
Therefore, his request is untimely.
3.
The Board may waive the three-year statute of limitations if it is in
the interest of justice to do so. 10 U.S.C. § 1552(b). To determine whether it is in
the interest of justice to waive the statute of limitations, the Board should con-
sider the reasons for the delay and conduct a cursory review of the merits of the
case. Dickson v. Secretary of Defense, 68 F.3d 1396, 1405 (D.C. Cir. 1995); Allen v.
Card, 799 F. Supp. 158, 164 (D.D.C. 1992).
4.
The applicant provided no explanation for his delay in requesting
the correction of the alleged error on his DD 214.
5.
A review of the record indicates that the form DD 214 has no block
in which a member’s service in Greenland should be spelled out, unless it was
the member’s last duty station or the station from which he was discharged. In
the applicant’s case, the Forsythia was both his last duty station and the station
from which he was discharged. The DD 214 that was issued to members in 1967
does have a block for “Remarks,” but this block is reserved for information about
mustering out and disability pay, reenlistment eligibility, and the date the mem-
ber’s period of eligibility for the Good Conduct Award commences. See Person-
nel Instruction 77-56. Therefore, although the applicant served in Greenland for
11 months and 16 days, the only place on the DD 214 where this information can
properly be reflected is in block 24.c., where a member’s total sea and foreign
service during the enlistment is shown. The Board’s review of the record indi-
cates that the applicant’s time in Greenland was included in the calculation of his
total sea and foreign service. Therefore, the Board finds no evidence of error on
the applicant’s DD 214 and no reason to waive the statute of limitations.
6.
Accordingly, the applicant’s request should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application of former xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for
ORDER
correction of his military record is denied.
J. Carter Robertson
Jordan S. Fried
Kathryn Sinniger
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