DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2004-176 
 
Xxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxx   

 

 
 

FINAL DECISION 

 
AUTHOR:  Andrews, J. 
 
 
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 August 25, 2004, upon the 
BCMR’s receipt of the applicant’s completed application. 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  May  5,  2005,  is  signed  by  the  three  duly  appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant asked the Board to correct his discharge form, DD 214, to include 
his time as a cadet from September 9, 1952, to May 31, 1956, and to show that he was 
permanently  retired  from  the  Coast  Guard  on  May  19,  1964.    Currently,  his  DD  214 
shows that he served on active duty as an officer from June 1, 1956, until July 31, 1959, 
when he was temporarily retired due to a physical disability.  The applicant stated that 
the correction to his DD 214 would entitle him to reduction in his local taxes because it 
would show that he served on active duty during the Korean War.  He pointed out that 
he  received  the  National  Defense  Service  Medal  for  being  on  active  duty  during  the 
war.  He alleged that he discovered the error on January 5, 2003. 
 

SUMMARY OF THE RECORD 

 
An “Acceptance” form in the applicant’s record shows that he was appointed a 
cadet in the Coast Guard on September 2, 1952, and thereby obligated himself to serve 
on active duty for four years upon graduation from the U.S. Coast Guard Academy.  In 
September 1955, the applicant fractured his coccyx while playing football at the Acad-
emy.  This injury was aggravated in January 1956, when he fell on ice. 

 

On May 31, 1956, the applicant graduated from the Academy.  On June 14, 1956, 
he underwent an operation on his lower spine.  On October 18, 1956, after recovering 
from surgery, he was retroactively appointed and received a permanent commission as 
an ensign in the Coast Guard with a date of rank of June 1, 1956. 

In  February  1957,  while  underway  on  a  cutter,  the  applicant  injured  his  back 
again and was placed on bed rest for ten days.  On December 1, 1957, he was appointed 
to the rank of lieutenant (junior grade).  In February 1958, he was placed on bed rest for 
six weeks due to lower back pain. 

 
On July 31, 1959, after evaluation by a medical board, the applicant was tempo-
rarily retired by reason of physical disability with a forty-percent disability rating.  His 
diagnoses included intervertebral disc syndrome (post-operative with recurring attacks) 
and limitation of motion in the lower back and thigh. 

 
On May 7, 1964, the Commandant informed the applicant that a medical board 
had determined that he was permanently disabled and that he would be permanently 
retired as of May 19, 1964, with a forty-percent disability rating. 

VIEWS OF THE COAST GUARD 

 

 
 
On January 12, 2005, the Judge Advocate General (JAG) of the Coast Guard rec-
ommended that the Board grant partial relief in this case.  He based his recommenda-
tion on a memorandum on the case prepared by the Coast Guard Personnel Command 
(CGPC). 
 
 
CGPC  stated  that  Personnel  Instruction  77-56,  which  was  in  effect  when  the 
applicant  graduated  from  the  Academy,  provided  that  cadets  were  eligible  to  receive 
DD 214s to document creditable active service upon graduation from the Academy and 
acceptance of a permanent commission.  Therefore, CGPC recommended that the Board 
grant relief by ordering the Coast Guard to correct the applicant’s record to show that 
he was issued a DD 214 for his time at the Academy when he accepted his commission. 
 

However,  CGPC  stated,  long-standing  policy  provides  that  members  are  not 
entitled  to  receive  DD  214s  when  removed  from  the  temporary  disability  retired  list 
(TDRL).    Therefore,  CGPC  recommended  that  the  Board  deny  the  applicant’s  request 
that his time on the TDRL be documented by a DD 214. 
 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

 
 
On January 12, 2005, the Chair sent the applicant a copy of the JAG’s advisory 
opinion  and  invited  him  to  respond  within  thirty  days.    On  February  15,  2005,  the 
applicant’s response was received.  He stated that he accepted the recommendation in 
CGPC’s memorandum. 
 

APPLICABLE REGULATIONS 

 
 
Paragraph 4 of Personnel Instruction 77-56 states that the DD 214 “is designed to 
provide the individual being released, transferred or discharged from active duty with 
documentary evidence of active military service.”  Paragraph 5.a.(2) provides that offi-
cers are entitled to a DD 214 upon “separation from an active duty status.”  Paragraph 
5.a.(3) provides that cadets are entitled to a DD 214 “when separated prior to comple-
tion of training, and upon acceptance of permanent commission.” 
 
 

 

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 appli-
cable law: 
 

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

1. 
§ 1552.   
 

 
3. 

 
4. 

2. 

An  application  to  the  Board  must  be  filed  within  three  years  after  the 
applicant  discovers  the  alleged  error  in  his  record.  10  U.S.C.  §  1552(b).  The  applicant 
knew  or  should  have  known  by  the  end  of  May  1964  that  he  did  not  have  a  DD  214 
documenting  his  years  as  a  cadet  or  his  time  while  temporarily  retired.    Therefore, 
although he apparently did not realize the importance of having such documentation 
until January 2003, his application was untimely. 

Pursuant to 10 U.S.C. § 1552(b), the Board may waive the three-year stat-
ute 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 conduct a cur-
sory review of the merits of the case and consider the reasons for the delay. Dickson v. 
Sec’y of Defense, 68 F.3d 1396 (D.D.C. 1995); Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 
1992).  The delay in this case was apparently caused by the applicant’s unawareness of 
the potential benefit of having his years as a cadet documented by a DD 214.  A cursory 
review of the merits of this case indicates that in 1956, cadets who accepted permanent 
commissions as officers were entitled to receive DD 214s documenting their time at the 
Academy. Therefore, the Board finds that it is in the interest of justice to waive the stat-
ute of limitations in this case. 

 
Paragraph  5.a.(3)  of  Personnel  Instruction  77-56  provided  that  in  1956, 
Coast  Guard  cadets  were  entitled  to  receive  DD  214s  documenting  their  time  at  the 
Academy  “upon  acceptance  of  permanent  commission.”    The  record  indicates  that  in 
October  1956,  after  he  recovered  from  surgery,  the  applicant  accepted  a  permanent 
commission  retroactive  to  June  1,  1956.    Therefore,  the  Board  agrees  with  the  Coast 

5. 

Guard that the applicant is entitled to receive a DD 214 covering his time at the Acad-
emy. 
 
Pursuant to paragraph 4 of Personnel Instruction 77-56, the purpose of a 
 
DD  214  is  “to  provide  the  individual  being  released,  transferred  or  discharged  from 
active  duty  with  documentary  evidence  of  active  military  service.”    Paragraph  5.a.(2) 
provides  that  officers  are  entitled  to  a  DD  214  upon  “separation  from  an  active  duty 
status.”    Between  July  31,  1959,  when  the  applicant  was  temporarily  retired  from  the 
Service  due  to  a  physical  disability,  and  May  19,  1964,  when  he  was  permanently 
retired, the applicant did not perform active duty.  Therefore, the Board finds that, in 
accordance with the regulations, he is not entitled to a DD 214 covering that period. 
 
 
Accordingly, the applicant’s request should be granted in part by issuing 
him a DD 214 to document his service as a cadet in accordance with Personnel Instruc-
tion 77-56. 

6. 

 
 

 

ORDER 

The  application  of  retired  xxxxxxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of 

his military record is granted in part as follows: 

 
The Coast Guard shall issue him a DD 214 to document his service as a cadet at 
the U.S. Coast Guard Academy from September 1952 through May 1956, in accordance 
with the provisions of Personnel Instruction 77-56. 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
  Quang D. Nguyen 

 

 

 
 Dorothy J. Ulmer 

 

 

 
 
 Eric J. Young