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
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