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CG | BCMR | Other Cases | 2009-041
Original file (2009-041.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

  

_____________________________________________________________________________                                                               
 
Application for Correction           
of the Coast Guard Record of:                     
                                         
                                                                                       BCMR Docket No. 2009-041 
                                                                               
XXXXXXXXX.                                                                              
xxxxxxxxxx, PS2 (former)  
 
______________________________________________________________________________ 
 

  

FINAL DECISION                                                                                     

 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 425 of 
title  14  of  the  United  States  Code.   The Chair docketed the case  on December 5, 2008, upon 
receipt of the applicant's completed application, and subsequently prepared the final decision for 
the Board as required by 33 C.F.R. § 52.61(c).  
 
 
appointed members who were designated to serve as the Board in this case.  
 

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.    During  this  period  the  applicant  served  on  active  duty for 
training on three different occasions.  The first and third period covered 12 days each and the 
second  period  covered  13  days.    He  stated  that  the  DD  214  is  needed  for  government 
employment and for retirement buy back.  In support of his application, the applicant submitted 
copies of his retirement points statements.    
 

VIEWS OF THE COAST GUARD 

 
 
On April 9, 2009, the Board received an advisory opinion from the office of the Judge 
Advocate General (JAG) of the Coast Guard.  He recommended that the Board deny relief to the 
applicant.  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.    The  JAG  concurred  with  the 
comments provided by the Commander, Personnel Service Center (PSC), which were attached as 
an enclosure to the advisory opinion.  
 
 
PSC noted that the applicant had provided no justification for not filing his application 
within  three  years.    Moreover,  PSC  stated  that  Chapter  1.B.10.  of  COMDTINST  M1900.4D 
prohibits the issuance of a DD 214 for “reservist released from continuous active duty training 
(ADT)  less  than  90  days.”  PSC  stated  that  based  upon  a  review  of  the  applicant’s  reserve 

  

retirement points statements there were no periods of service that satisfied the requirement for 
the issuance of a DD 214.  
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  April 10, 2009, the Board sent the applicant a copy of the Coast Guard views and 

 
 
invited him to submit a reply.  The Board did not receive a response from the applicant.   . 
 

FINDINGS AND CONCLUSIONS 

2. 

The Board makes the following findings and conclusions on the basis of the submissions 

 
of the applicant and the Coast Guard, the military record of the applicant, and applicable law. 
 
 
States Code.  The application was not timely.  
 

1.  The  BCMR  has  jurisdiction  of the case pursuant to section 1552 of title 10, United 

Under 33 C.F.R. § 52.22, an application to the Board must be filed within three 
years  after  the  applicant  discovers,  or  reasonably  should  have  discovered,  the  alleged  error  or 
injustice.  Although the applicant stated that he discovered the alleged error on August 10, 2008, 
he  should  have  discovered  it  sooner.    He  was  aware  of  the  existence  of  DD  214s  as  early  as 
November 3, 1978, because he received one at that time for an earlier period of active duty.  The 
two-week ADT periods about which he complained occurred between May 20, 1979 and May 
19, 1983.  Therefore, he should have been aware at the end of each ADT period that he had not 
received a DD 214.  If the applicant believed he was entitled to a DD 214 for each ADT period, 
he should have raised the matter with the Board within three years of the termination date of each 
ADT period.   

 
3.    Pursuant  to  10  U.S.C.  §  1552(b),  the  Board  may  excuse  the  untimeliness  of  an 
application if it is in the interest of justice to do so.  In Allen v. Card, 799 F. Supp. 158, 164 
(D.D.C. 1992), the court stated that to determine whether the interest of justice supports a waiver 
of the statute of limitations, the Board “should analyze both the reasons for the delay and the 
potential merits of the claim based on a cursory review.”  The court further instructed that “the 
longer the delay has been and the weaker the reasons are for the delay, the more compelling the 
merits would need to be to justify a full review.”  Id. at 164, 165.    

 
 
4.   With respect to the merits of this case, the applicant is not likely to prevail because 
according  to  Article  1.B.10  of  COMDTINST  M1900.4D,  a  DD  214  will  not  be  issued  to 
reservists released from active duty for training that covers a period of less than 90 days. 
 
 
because it has no merit.   
 
 

5.    Accordingly,  the  applicant's  request  should  be  denied  because  it  is  untimely  and 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

 

  

The  application  of  former  XXXXXXXXX.,  xxxxxxx,  USCGR,  for  correction  of  his 

ORDER 

 
 

 
 

 
 
military record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Lillian Cheng 

 

 

 
 Nancy L. Friedman 

 

 

 
 Vicki J. Ray 

 

 

 

 

 

 

 

 

 

 

 

 

 



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