DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                     BCMR Docket No. 2004-146 
 
XXXXXXXXXXXXXX. 
XXXXXXXXXX, SN (former) 
   

 

 
 

FINAL DECISION 

 
Author:  Hale, D. 
 
 
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  docketed  on  July  2,  2004,  upon  the 
BCMR’s receipt of the applicant’s request for correction. 
 
 
members who were designated to serve as the Board in this case. 

This final decision, dated March 17, 2005, is signed by the three duly appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 

 

The applicant asked the Board to correct her record by changing her discharge 
date from January 24, 1989, to February 1, 1989.  The applicant alleged that following 
the birth of her daughter she should have been given 30 days of postnatal leave prior to 
being discharged.  She gave birth on January 2, 1989, and was discharged on January 24, 
1989.  She alleged that she discovered this error in her record on May 12, 2004. 
 

SUMMARY OF THE APPLICANT’S RECORD 

 
 
On  July  13,  1987,  the  applicant  enlisted  in  the  Coast  Guard  for  a  term  of  four 
years.  At the time, she had no children.  In the spring of 1988, she became pregnant.  
On June 2, 1988, the applicant was counseled that when she became a single parent, she 
could  not  allow  her  “parental  responsibilities  to  interfere  with  her  availability  for 
worldwide  assignment.”    On  July  20,  1988,  the  applicant  completed  a  separation 
physical.    There  are  no  documents  in  the  record  that  shed  light  on  the  discharge 

proceedings,  nor  is  there  any  evidence  that  the  applicant  objected  to  the  proposed 
discharge. 
 
On  January  2,  1989,  the  applicant  gave  birth  to  her  daughter.    On  January  24, 
 
1989, the applicant was discharged from the Coast Guard by reason of convenience of 
the  government,1  in  accordance  with  Article  12.B.12.  of  the  Coast  Guard  Personnel 
Manual.    Her  DD  Form  214  indicates  that  she  received  an  honorable  discharge,  a 
separation  code  of  KDG,2  an  RE-3B3  reenlistment  code,  and  the  narrative  reason  for 
separation was “convenience of the government.”  On her discharge date, she signed an 
administrative remarks (page 7) acknowledging that she was in receipt of her discharge 
documents  and  that  she  was  not  being  recommended  for  reenlistment  due  to 
dependency.  She served on active duty for 1 year, 6 months, and 12 days. 
 
On  January  25,  1989,  the  applicant  enlisted  in  the  Coast  Guard  Reserve  for  a 
 
period of three years.  However, the applicant alleges that she could not find a Coast 
Guard  station  that  would  let  her  drill.    Her  record  indicates  that  she  did  not  drill  or 
otherwise  earn  points.    Moreover,  she  was  only  credited  with  membership  points 
through January 24, 1993.  The applicant’s military obligation ended on July 12, 1995. 
 

VIEWS OF THE COAST GUARD 

 
 
On  November  15,  2004,  the  Judge  Advocate  General  (JAG)  of  the Coast  Guard 
submitted  an  advisory  opinion  in  which  he  adopted  the  findings  of  the  Coast  Guard 
Personnel  Command  (CGPC)  and  recommended  that  the  Board  deny  the  applicant’s 
request.  The JAG argued that the applicant failed to submit a timely application and 
failed to show why it was in the best interest of justice to excuse the delay. 
 

In addition, the JAG argued that the applicant offered no evidence that the Coast 
Guard  committed  any  error  or  injustice  when  it  discharged  her.    CGPC  noted  in  its 
memorandum  that  the  applicant’s  commander  had  the  discretion  to  grant  postnatal 
leave for up to 42 days, but was not required to do so.  CGPC also noted that there is 
nothing  in  the  record  to  show  that  the  applicant  requested  sick  leave  for  postnatal 
recovery or that the command intended to grant her 30 days of leave following the birth 
of  her  child.    Moreover,  the  JAG  argued  that  absent  strong  evidence  to  the  contrary, 
government officials are presumed to have carried out their duties correctly, lawfully, 

                                                 
1 Commander (CGPC) may authorize or direct enlisted members to separate for the convenience of the 
Government for a number of reasons, including a member’s non-availability for worldwide assignment. 
Personnel Manual, Article 12.B.12. 
2  KDG  is  used  to  denote  a  voluntary  discharge  when  as  the  result  of  parenthood  or  custody  of  minor 
children, the member is unavailable for worldwide assignment.  COMDTINST M1900.4C, Chapter 2.C.4. 
3 RE-3B means that the member is eligible for reenlistment except for a disqualifying factor (parenthood 
or custody). 

and in good faith.  Arens v. United States, 969 F.2d 1034, 1037 (1992); Sanders v. United 
States, 594 F.2d 804, 813 (Ct. Cl. 1979).  

 
However, in the course of reviewing the applicant’s records, the JAG and CGPC 
determined that the applicant was not properly credited for membership points earned 
in the Coast Guard Reserve between January 25, 1993, and July 12, 1995.   Accordingly, 
the JAG and CGPC recommended that the applicant’s record be changed to credit her 
for the 30 points earned during that period.   

 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On November 19, 2004, the Chair sent a copy of the views of the Coast Guard to 

 
 
the applicant and invited her to respond within 30 days.  No response was received. 
 

APPLICABLE LAW 

 
 
Article  12.B.12.a.7.  of  the  Coast  Guard  Personnel  Manual  authorized  the 
Commandant  to  discharge  members  at  the  convenience  of  the  government  for  “[a] 
member’s  inability  to  perform  prescribed  duties,  repeated  absenteeism,  or  non-
availability  for  worldwide  assignment.”    Article  12.B.12.  required  that  a  member 
discharged  for  the  convenience  of  the  government  be  given  an  honorable  or  general 
discharge, as appropriate under Article 12.B.2.   
 
 
Article  7.A.5.h.  of  the  Personnel  Manual  stated  that  district  commanders  and 
commanding officers could grant up to 42 days (cumulative) of postnatal recovery leave 
without approval of the Commandant. 
 

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 submission, and appli-
cable law: 
 
 
1. 
§ 1552.    
 

The  Board  has  jurisdiction  concerning  this  matter  pursuant  to  10  U.S.C. 

2. 

An  application  to  the  Board  must  be  filed  within  three  years  after  the 
applicant discovers or should have discovered the alleged error in her record.  10 U.S.C. 
§  1552.    The  applicant  signed  and  received  her  discharge  documents  on  January  24, 
1989.    The  Board  finds  that  the  applicant  knew  or  should  have  known  her  discharge 
date when she signed her DD Form 214.  The applicant did not provide an explanation 
why she waited nearly 16 years to seek a correction of her discharge date.  Thus, her 
application was untimely. 

 
3. 

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 do so.  To determine whether it is in the 
interest  of  justice  to  waive  the  statute  of  limitations,  the  Board  should  consider  the 
reason  for the  delay  and  conduct  a  cursory review  of  the  merits of  the  case.    Allen  v. 
Card, 799 F. Supp. 158, 164 (D.D.C. 1992).  The applicant has not explained her delay.  
 

 4. 

   Under  Article  12.B.12.a.7.  of  the  Personnel  Manual,  the  applicant 
received  an  honorable  discharge  at  the  convenience  of  the  government  because  her 
status  as  a  single  parent  apparently  interfered  with  her  availability  for  worldwide 
assignment.    There  is  no  evidence  in  the  record  that the  Coast  Guard  committed  any 
error or injustice in discharging her 22 days after she gave birth to her daughter.  The 
Personnel  Manual  states  that  Commanders  may  grant  up  to  42  days  of  sick  leave  for 
postnatal  recovery,  but  there  is  nothing  in  the  applicant’s  record  to  indicate  that  she 
requested any sick leave following the birth of her child, nor is there any evidence that 
the command denied her request, assuming such a request was made.   

 
5. 

Given the long delay and the consequent loss of any evidence that might 
have illuminated the circumstances surrounding the applicant’s leave status following 
the  birth  of  her  child,  the  Board  finds  insufficient  reason  to  waive  the  statute  of 
limitations with respect to her discharge date from active duty.  Her request should be 
denied. 
 
6. 

 After careful review of the applicant’s record, the JAG and CGPC found 
that the applicant’s record failed to show that she was awarded membership points (15 
points for each year in the Reserves) during the period of January 25, 1993, through July 
12, 1995.  They recommended that the Board order this correction sua sponte.4 
 

7. 

Although  the  applicant’s  request  for  a  correction  of  her  discharge  date 
should  be  denied  for  untimeliness,  primarily  due  to  the  apparent  lack  of  merit,  the 
Coast Guard has found, and the record reveals, a different error in her record.  She was 
not credited with membership points between January 25, 1993, and July 12, 1995.  The 
applicant  did  not  object  to  the  Coast  Guard’s  proposed  correction  of  her  record.  
Therefore, the Board should order this correction.  
 
 

  

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

                                                 
4  Sua  Sponte.  (Latin).    Of  his  or  its  own  will  or  motion;  voluntarily;  without  prompting  or  suggestion.  
Black’s Law Dictionary 1592 (4th ed. 1968). 

ORDER 

 
 
The  application  of  former  SN  XXXXXXXXXXXXX  XXXXXXX,  USCG,  for  the 
correction of her military record is denied.   However, the Coast Guard shall issue the 
applicant a corrected Statement of Retirement Point Credits (CGHQ-4973A), reflecting 
the  reserve  membership  points  she  acquired  between  January  25,  1993,  and  July  12, 
1995. 
 
 
 
 

 

 
 Quang D. Nguyen 

 

 

 
 Kathryn Sinniger 

 

 

 

 

 
 Molly McConville Weber