DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2009-119 
 
XXXXXXXXXXXXXX 
XXXXXXXXXXXXXX 
   

 

 

FINAL DECISION 

 
 
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  Chair  docketed  the  application  upon 
receipt of the applicant’s completed application and subsequently prepared the final decision 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 November 12, 2009, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant asked the Board to correct his record to credit him with time spent in the 
Individual Ready Reserve (IRR) between June 26, 2006 and June 3, 2008.  The applicant was 
separated  from  active  duty  under  the  temporary  separation  policy.      Article  12.F.1.  of  the 
Personnel Manual states that the Coast Guard’s temporary separation policy allows members to 
temporarily  separate  and  pursue  growth  or  other  opportunities  outside  the  service,  while 
providing a mechanism for their return to active duty.  The long-term intent of the program is to 
retain the valuable experience and training that members possess, which might otherwise be lost.  
Under  the  policy,  career-oriented  officers  and  enlisted  members  are  allowed  a  one-time 
separation from active duty for up to two years.   
 
The applicant enlisted in the Coast Guard on June 27, 2000, with an eight-year service 
 
obligation.  He was required to serve at least four years on active duty, with the remainder to be 
spent  in  the  Reserve.    On  active  duty,  he  completed AMT  “A”  school  and  was  advanced  to 
AMT3 (aviation maintenance technician third class).   
 

On March 2, 2006, he requested to be separated temporarily under Article 12 F. of the 
Personnel  Manual  for  two  years  to  attend  college.    On  his  career  intentions  work  sheet,  the 
applicant requested to be released from active duty instead of being discharged.  His DD Form 
214 shows that he was released from active duty on June 26, 2006, and that he had a Reserve 
obligation until February 22, 2008.  However, the Coast Guard’s database Direct Access shows 
that the applicant was discharged from the Coast Guard.   

 
The  applicant  returned  to  active  duty  within  the  two  year  period  authorized  under  the 
temporary separation program.  He stated that the Personnel Service Command (PSC) told him 
that since Direct Access shows that he was discharged in 2006 that his time in the IRR did not 
count.      The  applicant  asserted  that  Direct  Access  is  in  error  or  unjust  because  he  was  not 
counseled  at  the  time  of  separation  that  he  was  being  discharged;  that  he  did  not  request 
discharge on his career intentions worksheet that was prepared prior to his separation; and that 
his DD 214 showed release from active duty with a remaining reserve obligation.   The applicant 
stated that based  upon the above, he believed that he had been  released  from active duty  and 
transferred to the IRR.    
 

VIEWS OF THE COAST GUARD 

 

 
In  August  2009,  the  Board  received  the  views  of  the  Coast  Guard  from  the  Judge 
Advocate General (JAG).  He adopted the facts and analysis provided by Commander, Personnel 
Service Center (PSC) and asked the Board to accept PSC’s comments as the advisory opinion in 
this case. 
 
 
PSC  recommended  that  the  applicant’s  record  be  corrected  to  show  that  he  was 
transferred  to  the  IRR  on June  26,  2006,  instead  of  being  discharged.    PSC  further  stated  the 
following:  
 

The applicant’s record with regard to his DD 214 is incorrect.  The Coast Guard 
authority erred in issuance of the DD 214, which may have led the applicant to 
believe that he was affiliating with the Reserve  vice being discharged  from the 
Service.  Given this error, with the applicant’s record, it is more likely than not, 
that  the  office  preparing  the  DD-214  did  not  properly  counsel  the  applicant 
regarding  Reserve  affiliation  based  upon  the  belief  that  he  was  being  RELAD.  
The applicant’s electronic record in direct access reflects that he was discharged; 
however this information would not have been readily available to the applicant.   
 
In the interest of justice, the Coast Guard recommends that the applicant’s record 
be corrected to show that he was transferred to the IRR on June 26, 2006 in lieu of 
being discharged.    

 
 

 

 

APPLICANT’S REPLY TO THE VIEWS OF THE COAST GUARD 

On August 18, 2009, the Board received the applicant’s reply to the view of the Coast 

Guard.  He had no objection to the views of the Coast Guard.    

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 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  Coast  Guard  finds,  and  the  Board  agrees,  that  the  applicant  has  suffered  an 
injustice.    He  legitimately  believed  that  his  separation  from  active  duty  under  the  temporary 
separation program was a release from active duty and not a discharge from the Service.  The 
counseling he received from the Coast Guard, his request for a release from active duty, on his 
career intentions worksheet, and the DD 214 showing his release from active duty support the 
applicant’s  belief  that  at  the  time  of  his  separation  he  was  released  from  active  duty  and 
transferred into the IRR and not discharged.  As the advisory opinion stated, the information in 
Direct  Access  (Coast  Guard’s  computerized  personnel  database)  was  not  available  to  the 
applicant. 
 

3.    Accordingly,  the  applicant  has  established  an  injustice  in  his  record  that  requires 

corrective action.  His request should be granted. 
 
 

 

 
The  application  of  XXXXXXXXXXXXX,  1140134,  USCG,  for  correction  of  his 
military record is granted.  His record (including Direct Access) shall be corrected to show that 
he was transferred to the IRR on June 26, 2006, instead of being discharged.   
 
 
 
 
 
 
 
 
 

  

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 
 Adrian Sevier 

 

 
 Kathryn Sinniger 

 

 

 

 

 

 

 

 

 

ORDER 

 

 
 

 
 

 
 Vicki J. Ray