Search Decisions

Decision Text

CG | BCMR | Other Cases | 2005-135
Original file (2005-135.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2005-135 
 
XXXXXXXXXXXXXXX 
xxxxxxxxxxxxxx, LCDR USCGR   
   

 

 
 

FINAL DECISION 

 
AUTHOR:  Ulmer, D. 
 
 
This  proceeding  was  conducted  according  to  the  provisions  of  section  1552  of 
title  10  and  section  425  of  title  14  of  the  United  States  Code.    The  application  was 
docketed  on  July  15,  2005,  upon  receipt  of  the  applicant’s  completed  application  and 
military records. 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  April  5,  2006,  is  signed  by  the  three  duly  appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The  applicant  asked  the  Board  to  correct  his  DD  Form  214  (Certificate  of 
Discharge or Release from Active Duty) to show that he has twenty-seven years, five 
months, and twenty-one days of satisfactory federal service.  The applicant alleged that 
the correction would ensure that he has a permanent record of his service.   
 

The  applicant  is  a  member  of  the  Coast  Guard  Reserve  and  served  occasional 
periods of active duty.  His most recent DD Form 214 covers a three-month period of 
active duty, from July 1, 2004 to September 30, 2004, in Blocks 12.a., b. and c.  Block 12.d. 
of  the  DD-214  shows  that  the  applicant's  prior  active  duty  service  totaled  two  years, 
seven  months,  and  nine  days,  and  block  12.e.  shows  that  his  prior  inactive  service 
totaled  thirty  years,  ten  months,  and  seventeen  days.    Blocks  12.f.  and  e.  show  no 
foreign service or sea service, respectively.  January 5, 1995, is the effective date of the 
applicant's pay grade in Block 12.h.    
 

 
The  applicant  submitted  an  October  29,  2004,  letter  from  the  Coast  Guard  Pay 
and Service Center.  The letter stated that the Pay and Service Center had discovered a 
discrepancy on the applicant's retirement point statement, which had been corrected by 
the issuance of a new retirement point statement dated November 1, 2004, showing that 
the applicant had twenty-seven years, five months, and twenty-one days of satisfactory 
service.  The letter directed the applicant's personnel reporting unit (PERSRU) to place a 
copy of the corrected retirement point statement in the applicant's Personal Data Record 
and to forward the original to the applicant.   
 

VIEWS OF THE COAST GUARD 

 
 
On  November  29,  2005,  the  Judge  Advocate  General  (JAG)  of  the Coast  Guard 
submitted  an  advisory  opinion  recommending  that  the  Board  deny  the  applicant’s 
request.    The  JAG  stated  that  the  Reserve  Retirement  Point  Statement  is  the  proper 
permanent record of the applicant's satisfactory service.  The JAG further stated that it 
is inconsistent with the Coast Guard's policy to include such information on DD Forms 
214.  
 

The JAG attached a memorandum from the Commander, Coast Guard Personnel 
Command  (CGPC)  as  Enclosure  (1)  to  the  advisory  opinion  and  asked  the  Board  to 
accept it as part of the views of the Coast Guard.  CGPC recommended denial of the 
applicant's request for relief and offered the following conclusions: 
 

1.  The applicant's request to include notation of his satisfactory service on 
his DD-214 is inconsistent with current policy on completion of the DD-
214.    There  is  no  provision  within  (COMDTINST  M1900.4D  (Instruction 
on completing DD-214)) to include Reserve satisfactory service on the DD-
214  and  [it]  specifically  prohibits 
inclusion  of  non-specified 
information. 
 
2.    The  applicant  contends  that  his  satisfactory  service  needs  to  be 
documented  on  the  DD-214  to  become  part  of  his  "permanent  record  of 
service."    The  applicant's  service  record  includes  .  .  .  CG-4175A  of 
November  1,  2004,  which  documents  [the  applicant's]  record  of  Reserve 
retirement points and satisfactory service.   

the 

 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On November 30, 2005, the BCMR sent the applicant a copy of the views of the 
Coast Guard and invited him to respond.  The BCMR did not receive a response from 
the applicant. 
 

APPLICABLE LAW 

 

COMDTINST M1900.4D (DD FORM 214 INSTRUCTION) 
 
 
Section  4.  of  the  introduction  to  the  Instruction  states  that  the  DD  Form  214 
provides the member and the service with a concise record of a period of service with 
the  Armed  Forces  at  the  time  of  the  member's  separation,  discharge,  or  change  in 
military  status  (reserve/active  duty).    This  provision  further  states  that  the  DD  Form 
214  is  an  authoritative  source  of  information  for  both  the  governmental  agencies  and 
the Armed Forces for purposes of employment, benefits and reenlistment eligibility.   
 
 
Chapter 1.D.2. of the Instruction states that only those items specifically directed 
are to be entered on the DD Form 214.  There is no direction in the instruction that a 
member's satisfactory federal service is to be recorded on the DD Form 214.    
 

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 section 1552 

of title 10 of the United States Code.  The application was timely. 

 
2.  The applicant failed to prove that the Coast Guard committed an error by not 
including his satisfactory years of federal service on his DD Form 214.  The DD Form 
214  instruction  states  that  only  information  specified  by  the  instruction  shall  be 
included on the DD Form 214.  There is no identified space for satisfactory service on 
the  DD  Form  214;  nor  is  there  anything  in  the  instruction  that  states  such  should  be 
included in block 18 (remarks section) of the DD Form 214.   

 
3.  The applicant's November 1, 2004, corrected retirement point statement (CG-
4175A)  showing  twenty-seven  years,  five  months,  and  twenty-one  days  of  total 
satisfactory service has been included in the applicant's military record.  According to 
the Coast Guard, the retirement point statement is the proper method to record satis-
factory federal service.   
 

4. 

Accordingly, the applicant’s request should be denied.  

 
 
 

 

[ORDER AND SIGNATURES ON FOLLOWING PAGE] 

 
 
 

The application of LCDR XXXXXXXXXXXXXXXX, USCGR, for correction of his 

ORDER 

 

 
 

 
 

 
 

 
 

military record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Frank H. Esposito 

 

 

 
 Jordan S. Fried 

 

 

 
 William R. Kraus 

 

 
 

 

 

 

 

 

 

 

 

 

 

 



Similar Decisions

  • CG | BCMR | Other Cases | 2008-095

    Original file (2008-095.pdf) Auto-classification: Denied

    Because entering information in block 11 for an enlisted member would violate the regulation, CGPC recommended that the Board deny the applicant’s request. Enter all course titles, number of weeks, and year completed, from the date entered in block 12a through the date entered in block 12b. With the notation “NA” and many Xes, block 11 of the applicant’s DD 214 is properly prepared in accordance with Chapters 1.E.

  • CG | BCMR | Other Cases | 2007-038

    Original file (2007-038.pdf) Auto-classification: Denied

    This final decision, dated August 16, 2007, is approved and signed by the three duly RELIEF REQUESTED DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The April 1, 2005, DD 214 shows that the applicant was assigned to a port security unit, but there is no evidence in her record to show that she performed any sea service between her date of entry on active duty, March 8, 2004, and her date of...

  • CG | BCMR | Other Cases | 2009-041

    Original file (2009-041.pdf) Auto-classification: Denied

    This final decision, dated July 16, 2009, is approved and signed by the three duly RELIEF REQUESTED The applicant, who was a member of the Reserve, asked the Board to correct his record to show that he received a DD 214 for several two-week periods of active duty for training between May 20, 1979 and May 19, 1983. In this regard, the JAG stated that the application was not timely and that the applicant had not provided any documentation to support his allegations. of COMDTINST...

  • CG | BCMR | Advancement and Promotion | 2005-070

    Original file (2005-070.pdf) Auto-classification: Denied

    This final decision, dated January 5, 2006, is signed by the three duly appointed APPLICANT’S REQUEST The applicant asked the Board to remove or mask all of his officer performance reports (OPRs) and officer evaluation reports (OERs) from a prior period of Coast Guard service.1 He also asked the Board to remove his failures of selection for promotion to commander (CDR) from his record, to back date his date of rank if he is selected for promotion by the first CDR selection board to consider...

  • CG | BCMR | Discharge and Reenlistment Codes | 2007-135

    Original file (2007-135.pdf) Auto-classification: Denied

    The applicant further argued that SN A’s CGIS statement was not credible because it contained inconsistencies with her subsequent statement to the PIO or with the statements of the other witnesses. She stated that she saw 3. SN B who was allegedly involved in homosexual acts with the applicant stated to CGIS that SN A was attracted to the applicant, but the applicant was not interested.

  • CG | BCMR | Other Cases | 2007-172

    Original file (2007-172.pdf) Auto-classification: Denied

    This final decision, dated April 10, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who retired from the Coast Guard on October 31, 1998, upon completing more than twenty years of active duty asked the Board to correct his final DD 214 by changing the date of his entry on active duty in block 12a from May 1, 1987, to May 1, 1978. CGPC stated that under COMDTINST M1900.4, block 12a on a DD 214 is supposed to show the “Date Entered Active...

  • CG | BCMR | Advancement and Promotion | 2005-043

    Original file (2005-043.pdf) Auto-classification: Denied

    The applicant alleged that the CDR selection board did not select him in August 2003 only because he had requested retirement, and in accordance with policy, the Coast Guard Personnel Command (CGPC) revealed his approved retirement request to the selection board. The applicant argued that “[i]f the boards are to provide every officer with an equal oppor- tunity for advancement, then the practice of including the approved request is an error.” He alleged that he was told that CGPC adopted...

  • CG | BCMR | Retirement Cases | 2010-040

    Original file (2010-040.pdf) Auto-classification: Denied

    • • • On April 24, 1995, the applicant enlisted in the Coast Guard Reserve. of the Pay Manual, COMDTINST M7220.29B, states that creditable service for pay purposes includes “all periods of active duty inactive service … in any Regular or Reserve component.” However, Chapter 2.B.4.a. However, the 1995 RATMAN defines an “anniversary year” as extending “from the date of entry or reen- try to the day preceding the anniversary of entry or reentry” and the 1997 RPM states that a reservist’s...

  • CG | BCMR | Advancement and Promotion | 2005-126

    Original file (2005-126.pdf) Auto-classification: Denied

    In recommending that the applicant's name be removed from the promotion list the board stated the following: [The applicant] . The Coast Guard's action was well within its authority. The special OER, the negative page 7, the investigation, the applicant's performance record, and his statement were available to the special board when it recommended the applicant's removal from the RPA captain promotion list.

  • CG | BCMR | Other Cases | 2005-141

    Original file (2005-141.pdf) Auto-classification: Denied

    CGPC stated that it has issued the applicant a DD 215, dated November 3, 2005, with the following changes to block 12 of his DD 214: DD 215 ENTRY No change No change No change 04 yrs., 08 mos., 17 days 10 yrs., 1 mo., 14 days No change DD 214 ENTRY 80 05 01 (May 1, 1980) Date Entered AD This Period Separation Date This Period 84 11 08 (Nov. 8, 1984) Net Active Service This Period 04 yrs., 06 mos., 08 days 04 yrs., 10 mos., 14 days Total Prior Active Service Total Prior Inactive Service 10...