DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2010-115 
 
XXXXXXXXXXXXXXX 
XXXXXXXXXXXXXXX 

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  military  records  on  March  4,  2010,  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  December  3,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
The applicant asserted that he served on active duty continuously from March 30, 2003, 
 
to September 30, 2008, and requested that his DD 214 be corrected accordingly.  He stated that 
his  “continuous  [active  duty]  orders  from  [October  1,  2003]  to  [September  30,  2008  are] 
incorrectly  captured  on    .  .  .  [his]  DD  214  [covering  the  period  from  October  1,  2006  to 
September 30, 2008].”   
 

He submitted copies of active duty orders that indicate he was recalled to active duty for 

the following periods under Executive Order 13223 of September 14, 2001: 

 

August 11, 2003 to September 30, 2003 
 
October 1, 2003 to September 30, 2005  
 
October 1, 2005 to September 30, 2006 
 
October 1, 2006 to September 30, 2007 
 
October 1, 2007 to September 30, 2008 

 
The applicant also served an earlier period of active duty from March 30, 2003 to August 
10, 2003, as evidenced by a DD 214.  The DD 214 also shows that the applicant had prior active 

 

 

service  of  1  year,  1  month,  and  9  days,  and  14  years,  7  months,  and  22  days  of  prior  inactive 
service.    Block  18  on  this  DD214  states  that  the  applicant  was  recalled  under  title  10  and 
Executive Order 13223 in support of Operation Liberty and Operation Iraqi Freedom 
 
Subject DD 214 Currently in Record 
 
Block 12.a. shows that the applicant began active duty on October 1, 2006;  
Block 12.b. shows that he was separated on September 30, 2008;  
Block 12.c. shows that he had 2 years of net active service;  
Block 12.d. shows that he no prior active service;  
Block 12.e. shows that he had no prior inactive service; and    
Block 18 does not mention that the applicant  was involuntarily recalled under Executive Order 
13223.   
 
Applicant’s Request for Changes to DD 214 
 
 
2008: 
 
Block 12.a. be corrected to show that he began active duty on March 30, 2003;  
Block 12.c. be corrected to show that he had 5 years and 6 months of net active service;  
Block  12.d.  be  corrected  to  show  that  he  has  1  year,  5  months,  and  20  days  of  prior  active 
service;  
Block 12.e. be corrected to  show that he has 14 years, 9 months, and 13 days of prior inactive 
service; and  
Block  18  be  corrected  to  add  the  following  comment:  “Member  called  to  Coast  Guard  District 
Seven for involuntary active duty under title 10 U.S.C. 12302 and executive order 13223 of 14 
September  2001,  for  the  period  October  1,  2003-September  30,  2008  in  support  of  Operation 
Liberty  Shield,  Operation  Noble  Eagle,  Operation  Iraqi  Freedom,  and  Operation  Enduring 
Freedom.” 
 

The applicant  requested  the following  changes to the DD 214 ending on  September 30, 

 

VIEWS OF THE COAST GUARD 

 
 
On  July  15,  2010,  the  Judge Advocate  General  (JAG)  of  the  Coast  Guard  submitted  a 
memorandum adopting the comments provided by Commander, Personnel Service Center (PSC), 
as the Coast Guard’s advisory opinion.   PSC recommended partial relief as follows: 
 

As the applicant has already been issued a valid DD-214 for the period of March 
30, 2003 to August 10, 2003 . . . and for the period October 1, 2006 to September 
30, 2008, the applicant should be issued a third DD 214 to account for the period 
of service from August 11, 2003 to September 30, 2006.   
 
In addition, a DD 215 should be issued to correct block 12.d. and 12.e. of the DD 
214 releasing the applicant from active duty on September 30, 2008.   

 

 

 

However,  PSC  disagreed  that  the  applicant  had  proved  that  he  served  on  continuous 
 
active duty under title 10 of the United States Code from October 1, 2003 to September 30, 2008.  
In this regard, PSC stated the following: 
 

Notwithstanding the applicant’s claim of having served on continuous active duty 
under Title 10 authority for the period October 1, 2003 to September 30, 2008, no 
proof is provided by the applicant to substantiate this fact nor does the applicant’s 
official  record  support  his  assumption.    Therefore,  the  applicant’s  claim  that  he 
served  on  continuous  active  duty  orders  under  Title  10  authority  for  the  entire 
period in question is unfounded and without merit.  
 
The  applicant’s  requested  relief  is  inconsistent  in  the  corrections  he  seeks.    The 
requested change to block 12.a. cites a date having no significance.  The requested 
change  to  block  12.c.  suggests  including  all  active  duty,  beginning  March  30, 
2003, yet [the August 10, 2003 DD 214] is not in dispute.  The requested change 
to  block 12.e. appears to include as additional “Total Prior  Inactive Service” the 
active duty performed from August 11, 2003 to September 30, 2003.    

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On November 9, 2010, the Board received the applicant’s reply to the views of the Coast 
Guard.  He questioned the Coast Guard’s statement that he had not provided proof that he did not 
serve  under  Executive  Order  13223  and  title  10  from  October  1,  2003  to  September  30,  2008 
because the copies of his active duty orders indicate that each recall to active duty was in support 
of the operations described in Executive Order 13223.  
 

 Therefore, the applicant asked that the DD 214 from October 1, 2006 to September 30, 
2008 include the statement that he was called to active duty “in support of operations prescribed 
in Executive Order 13223 of September 2001, for the period 2006 October 1 to 2008 September 
30  in  support  of  Operation  Iraqi  Freedom.”    He  agreed  with  the  Coast  Guard  that  blocks  12.d. 
should be corrected to show his total prior active service and that block 12.e. should be corrected 
to show his total prior inactive service.   
 
 
The  applicant  agreed  that  a  DD  214  should  be  issued  to  record  his  active  duty  service 
from  August  11,  2003  to  September  30,  2006.    He  also  requested  that  Block  18.  include  the 
statement  that  he  was  called  to  active  duty  “in  support  of  operations  prescribed  in  Executive 
Order  13223  of  September  2001,  for  the  period  August  11,  2003  to  September  30,  2006,  in 
support of Operation Iraqi Freedom.”   
 

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.   

 

 

 
 
2.    The  Coast  Guard  recommended,  and  the  applicant  agreed,  that  a  separate  DD  214 
should be issued for the period of active duty from August 11, 2003 to September 30, 2006.  It 
appears to the Board that the applicant served continuously on active duty from August 11, 2003, 
to  September  30,  2008,  with  no  break  in  service  under  at  least  4  different  sets  of  orders  for 
consecutive periods.  Chapter 1.A. of COMDTINST M1900.4D states that the DD 214 is issued 
to members who change their military status among active duty, reserve, or retired components.  
However, because there  were  several  sets  of  separate orders for defined  periods of active duty, 
the  JAG’s  recommendation  is  a  reasonable  interpretation  of  Chapter  1.A.  of  COMDTINST 
M1900.4D.  Therefore, a separate DD 214 should be issued for the period from August 11, 2003, 
to September 30, 2006.  In directing this action, the Board notes that the applicant agreed  with 
the  recommendation  and  that  his  record  already  contains  DD  214s  for  the  periods  March  30, 
2003 to August 10, 2003 and October 1, 2006 to  September 30, 2008.  Additionally, the Board 
will  direct  the  Coast  Guard  to  review  the  applicant’s  active  duty  orders  for  this  period  and  his 
military record to ascertain whether the applicant was recalled to active duty  under title 10 and 
Executive Order 13223 for this period.  If so, Block 18 of the DD 214 should contain a notation 
that the applicant was recalled under title 10 and Executive Order 13223 of September 14, 2001 
for the period August 11, 2003 to September 30, 2006, in support of the Operations prescribed in 
Executive Order 13223.  
 
 
3.    The  Coast  Guard  recommended  that  the  DD  214  for  the  period  October  1,  2006  to 
September 30, 2008 be corrected to show the applicant’s total prior active service in Block 12.d. 
and his total prior inactive service in Block 12.e.  The DD 214 currently shows that the applicant 
has  no  prior  active  duty  and  no  prior  inactive  duty,  which  is  clearly  erroneous.    The  applicant 
agrees with this correction.   
 
 
4.  Additionally, the applicant asked that Block 18 of the DD 214 for the period October 
1, 2006 to September 30, 2008, be corrected by noting in Block 18. that his recall to active duty 
was  pursuant  to  title  10  and  Executive  Order  13223  of  September  14,  2001.    While 
COMDTINST  M1900.4D  does  not  require  that  this  information  be  included  in  Block  18,  it  is 
included on the earlier DD 214 for the period ending August 10, 2003 and his active duty orders 
indicate that he was recalled for this purpose.  Therefore, the Board will direct the Coast Guard 
to  review  the  applicant’s  military  record  and  active  duty  orders  for  this  period  to  ascertain 
whether the applicant was recalled to active duty under title 10 and Executive Order 13233.  If 
so, a notation should be made to  Block 18 that the applicant was recalled to active duty under 
title  10  and  Executive  Order  13223  of  September  14,  2001,  for  the  period  October  1,  2006  to 
September 30, 2008, in support of operations prescribed in Executive Order 13223.   
 

   5.  Accordingly, the applicant should be granted the partial relief recommended above. 

 
 
 
 

 

 

ORDER 

 

The application of XXXXXXXXXXXXX, USCGR, for correction of his military record 

is granted in part, as follows: 

 
(a)  The Coast Guard shall issue him a DD 214 for the period from August 11, 2003, to 
September  30,  2006.    Additionally,  the  Coast  Guard  shall  review  his  active  duty  orders  and 
military  record  and  ascertain  whether  he  was  recalled  under  title  10  of  the  United  States  Code 
and Executive Order 13223, and if so, Block 18 of the DD 214 shall contain a notation that the 
recall  to  active  duty  for  the  period August  11,  2003  to  September  30,  2006  was  in  support  of 
operations prescribed in Executive Order 13223 of September 14, 2001. 

No other relief is granted. 

 
 
(b)  The  Coast  Guard  shall  correct  the  DD  214  for  the  period  October  1,  2006  to 
September  30,  2008  to  reflect  his  total  prior  active  service  in  Block  12.d.  and  his  total  prior 
inactive service in Block 12.e.  The Coast Guard shall review his active duty orders and military 
record  to  ascertain  whether  he  was  recalled  for  this  period  under  title  10  of  the  United  States 
Code and Executive Order 13223, and if so, Block 18 of the DD 214 shall contain a notation that 
the recall to active duty for the period October 1, 2006 to September 30, 2008 was in support of 
operations prescribed in Executive Order 13223. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

   
 James E. McLeod 

 
 
 Lillian Cheng 

 

 
 Randall J. Kaplan