CG | BCMR | Other Cases | 1997-097
How- ever, the Coast Guard does not agree with Applicant’s request as to her ACIP entitlement.” The Chief Counsel stated that, [i]f the Board directs the restoration of Applicant’s designator, the Coast Guard would then evaluate Applicant’s status under COMDTINST 7220.39 to determine what ACIP back pay, if any, is due.” and one-half years of operational flying time. She alleged that the Coast Guard could only remove aeronautical designators pursuant to Article 6.A.1. The applicant also...
CG | BCMR | Other Cases | 1997-149
First, the Chief Counsel argued there is no error in the applicant’s record for the Board to correct. After being accepted by the program, but prior to entering, the applicant sought advice from the Coast Guard Civilian Personnel Branch regarding how rejoining the civil service would affect his retirement pay under the Civil Service Retirement System (CSRS). Upon reaching the age of 60, Montilla applied for retirement pay, but it was denied because he had never completed 20 years service...
CG | BCMR | Other Cases | 1997-174
The applicant submitted as evidence (see below) copies of the following: a letter sent by his command to the Military Personnel Command (MPC) reporting his NJP and recommending his retention; a letter from the applicant to MPC requesting a waiver of his discharge pursuant to Article 4.A.14. of COMDTINST 1910.1 denies separation pay to those who are separated for “substandard performance, unsuitability, or misconduct.” The applicant was separated “for the convenience of the government due to...
CG | BCMR | Other Cases | 1998-015
He stated that the applicant’s DD Form dated October 31, 199x, is correct, and that the applicant’s sea and foreign service were properly documented on his other DD Form 214s. Therefore, the applicant’s Coast Guard foreign/sea service should be reflected only on the DD Form 214 that covers the period during which he performed that service. Like- wise the foreign and/or sea service performed by the applicant for the Coast Guard in the 1970s properly appears only on the DD Form 214 dated...
CG | BCMR | Other Cases | 1998-089
He alleged that the children reside with him for, in the aggregate, “six months out of the year with no more than a twelve day break in said residence.” The applicant alleged that the xxxxxx District Personnel Office told him that he could not receive BAQ at the with-dependents rate (BAQ-W) under the regulations unless he had physical custody of his children for 90 consecutive days. The OMP states that “Section 3-E-4.d., of [the Pay Manual] established that when a member has temporary...
CG | BCMR | Other Cases | 1999-035
Four of these people were advanced prior to the issuance of [the XXXXX appointment list] and were allowed to keep their advancements.” Finally, the applicant argued that it would not have been unfair to those members below him on the XXXXX advancement list to wait to be promoted until after he had been appointed to XXXXX because he had out-scored them. The applicant alleged that the Coast Guard’s decision to require him to forgo advancement to XXXXX in order to retain his guaranteed...
CG | BCMR | Other Cases | 1999-047
VIEWS OF THE COAST GUARD On September 1, 1999, the Chief Counsel of the Coast Guard recommend- ed that the Board deny the applicant’s request. Under the JFTR, the Home of Record is defined as “the place recorded as the home of the individual when commis- sioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.” The Chief Counsel explained that the purpose of having a Home of Record is “to determine the extent of the member’s entitlement to travel...
CG | BCMR | Other Cases | 1999-074
CGPC stated that the applicant’s original enlistment date in the Coast Guard was indeed November 20, 198x. On November 20, 198x, the applicant enlisted in the Coast Guard Reserve On December 16, 198x, the Coast Guard sent the Air Force a “Request for Statement of Service,” form CG-4714, because the applicant had indicated in his enlistment documents that he had previously served in the Air Force. The application for correction of the military record of XXXXXXXXXXX, ORDER Mark A....
CG | BCMR | Other Cases | 1999-080
APPLICANT’S ALLEGATIONS The applicant alleged that he performed active duty for the Coast Guard in 196x but that it was not reflected in block 19 on his DD 214. “Applicant clearly enlisted in the CG Reserve and was serving in an active duty for training status while he received on-the-job training in accordance with the [March 26, 196x] agreement between Applicant and the Coast Guard.” The Chief Counsel stated that “active duty for training” is not the same thing as “active duty,” although...
CG | BCMR | Other Cases | 1999-102
Finally, the Chief Counsel indicated that, if the applicant continued to pay child support from August 1996 through June 1997, he may have been eligible to receive BAQ plus BAQ Child for that period, as he did before August 1996. However, the Chief Counsel argued, the applicant “has not provided a court decree stating that child support payments are required in an amount equal to or exceeding the difference between BAQ-W and [basic BAQ], nor has he docu- mented that he made those payments...
CG | BCMR | Other Cases | 1999-139
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The Chief Counsel argued that the Chairman should dismiss this case or the Board should deny relief because the applicant has not alleged any specific error or injustice in his record. The Chief Counsel stated that the applicant did not receive a paycheck for his last two weeks on active duty because, at the time of his discharge, he owed the...
CG | BCMR | Other Cases | 1999-187
This final decision, dated June 8, 2000, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxxx on active duty in the Coast Guard Reserve, asked the Board to correct his record to show that he was commissioned at the rank of LTJG, rather than as an ensign, on July 22, 199x. The applicant alleged that because of this error, he received the pay of an ensign until his pay grade was corrected by the Coast Guard Personnel Command (CGPC) on May 11, 199x. The application of...
CG | BCMR | Other Cases | 2000-018
The applicant alleged that the Coast Guard had treated him unjustly by (a) refusing to process him for a medical retirement due to his disability; (b) dis- charging him before October 1, 1996, while his medical condition was still unsta- ble and thereby denying him the chance to continue serving until he could earn a 20-year retirement; and (c) issuing retroactive discharge orders that denied him pay and allowances for his last two weeks on active duty. He alleged that the applicant was not...
CG | BCMR | Other Cases | 2000-030
The Chief Counsel also argued that the applicant has not presented evi- dence that “overcome[s] the presumption that Coast Guard officials carried out their duties correctly, lawfully, and in good faith,” nor shown that the Coast Guard committed any “error or injustice entitling him to the requested relief.” He stated that any determination by the Board that the Coast Guard was required to accept one of the applicant’s offers (inter-service transfer) over the other (direct commission through...
CG | BCMR | Other Cases | 2000-063
The Chief Counsel argued that the application should be denied because it “is untimely by approximately 10 years.” He argued that the applicant knew or should have known the contents of block 13 on his DD 214 at the time of his dis- charge and that the applicant failed to justify the delay in filing his application. The Chief Counsel also argued that the applicant’s service “does not enti- tle him to any award for participation in any military action or campaign.” He alleged that the...
CG | BCMR | Other Cases | 2000-071
… On September 17, 1999, the Commanding Officer of Group Xxxxxx wrote a letter to the Commandant (G-WPM), asking that the applicant be paid BAH and a cost-of-living allowance (COLA) for the 180 consecutive days of active duty she performed from October 1, 1998, through March 29, 1999. The fact that the total funding eventually received allowed the Applicant to remain on ADSW-AC for 180 days is inconsequential.” The Chief Counsel argued that the record indicates that it was the Xxxxxx...
CG | BCMR | Other Cases | 2000-148
He alleged that he never signed a reenlistment contract at that time and asked the Board to remove the reenlistment record from the PDS. On December 21, 2000, the Chief Counsel of the Coast Guard recommended that the Board correct the applicant’s record by removing the November 16, 1998, reenlistment and cre- ating a new 3-year reenlistment dated September 17, 2000. ORDER The military record of XXXXXXXXXX, USCG, shall be corrected by removing the reenlistment dated November 16, 1998, from...
CG | BCMR | Other Cases | 2000-151
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The applicant was born male and served in the Coast Guard as a man. The Chief Counsel argued that the Board is barred from granting relief because changing the name on the applicant’s DD 214 from male to female would also require changing her reenlistment code.
CG | BCMR | Other Cases | 2000-154
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. He alleged that under Article 4.B.6.a.1., the applicant was required “to have sufficient obligated service to complete a full tour of duty upon reporting to his new unit.” The Chief Counsel alleged that under that article, members in pay grade E-4 or higher with less than six years of active service cannot receive PCS orders unless they have...
CG | BCMR | Other Cases | 2000-181
2000-181 Application for the Correction of the Coast Guard Record of: SUMMARY OF THE RECORD On September 6, 2000, the applicant asked the Board to correct his record by voiding a 6-month extension contract he signed on December 2, 1998. However, his extension contract indicates he was erroneously required to sign it to accept the orders. Accordingly, relief should be granted by voiding the applicant’s extension contract dated December 2, 1998.
CG | BCMR | Other Cases | 2001-079
He stated that the applicant signed an extension contract entitling him to a Zone B SRB with a multiple of .5. The Chief Counsel also stated that the applicant is not entitled to relief because he has failed to prove that the Coast Guard had a duty to counsel him regarding the effect his January 2000 extension might have on future SRB eligibility. The applicant received the SRB multiple that was available for his rating at the time he extended his enlistment, which he was required to do if...
CG | BCMR | Other Cases | 2001-086
He could not sell all 42.5 days of his accrued leave because the law does not permit a member to sell more than 60 days of leave, and the applicant had sold 38 days of leave when he left the Army at the end of a two-year stint in 1989. In support of his allegations, the applicant submitted a copy of his Career VIEWS OF THE COAST GUARD The Chief Counsel argued that the law does not permit the Coast Guard to On September 14, 2001, the Chief Counsel of the Coast Guard submitted an advisory...
CG | BCMR | Other Cases | 2001-108
The applicant alleged that although the Coast Guard administratively changed his dates of rank and provided back pay and allowances covering the 18-month period, the corrective actions taken failed to provide interest on his back pay and allowances and thus, denied him full relief. The Chief Counsel stated that authority to pay interest on back pay is found in Section 5596 in Title 5 of the United States Code. The applicant’s interpretation of § 1552 (c) would clearly expand the...
CG | BCMR | Other Cases | 2001-115
To maximize applicant’s monetary gain in selling leave, a new indefinite reenlistment should be completed with a date any time between June 2, 2001 and June 10, 2001.” (June 10th is the date the applicant reported to his new duty station). The applicant submitted persuasive evidence that the Coast Guard committed an error by erroneously advising the applicant that if he reenlisted on June 1, 2001, the date of his advancement to E-8, he would receive pay for leave sold at the E-8 rate. The...
CG | BCMR | Other Cases | 2001-116
He further stated that he is not interested in receiving an SRB under ALCOAST 127/01 and that, if his record had been correct, he would have extended his enlistment for another two years in November 2001 to make his new end of enlistment November 30, 2003. Under Article 1-G-14 of the Personnel Manual, when his December 1, 1995, reenlistment ended on November 30, 1999, the applicant would have been 3. required to sign at least a 2-year extension contract, through November 30, 2001, to avoid...
CG | BCMR | Other Cases | 2001-121
from my pay after not having drilled for 2 years due to serving a mission for my church.” He submitted a SGLI Election and Certificate form, dated November 7, 2000, stating “I do not want insurance at this time.” Views of the Coast Guard On January 11, 2002, the Board received an advisory opinion from the Chief Counsel of the Coast Guard. The Chief Counsel stated that the applicant was not granted full relief because there is no independent evidence supporting the applicant’s assertion that...
CG | BCMR | Other Cases | 2001-124
The applicant, a former petty officer second class (pay grade E-5) requested that her DD Form 214 (discharge document) be corrected to show that she had served for six or eight years on inactive duty in the Coast Guard Reserve. To be timely, an application for correction of a military record must be submitted within three years after the alleged error or injustice was or should have been discovered. The applicant was discharged approximately 19 years before she filed her application with...
CG | BCMR | Other Cases | 2002-022
The applicant asked the Board to correct his record by changing his home of record from XXXXXXXXX, New Jersey to XXXXXXXXXX, Kansas. He recommended that the Board deny relief to the applicant because the applicant failed to submit persuasive evidence that his home of record was incorrectly listed in his military record. The Chief Counsel stated that the applicant listed XXXXXXXX, New Jersey as his home of record when he enlisted in the Army in 1995 and listed XXXXXXXXX, New Jersey as his...
CG | BCMR | Other Cases | 2002-040
2002-040 DECISION OF THE DEPUTY GENERAL COUNSEL ACTING UNDER DELEGATED AUTHORITY The Final Decision of the Board for Correction of Military Records (the Board) accurately summarizes the Applicant’s Request for Relief, the Summary of the Record, the Applicant’s Allegations, the Views of the Coast Guard, Applicant’s Response to the Views of the Coast Guard, and the Applicable Law. In fact, and contrary to the advice provided by the OCS yeomen, the applicant did not have over four years of...
CG | BCMR | Other Cases | 2002-057
This final decision, dated December 31, 2002, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to order the Coast Guard to pay him severance pay for the time he served as a commissioned officer. of the Personnel Manual provides for separation by revoking the commissions of Coast Guard officers, who like the applicant have less than three years of commissioned service. There is no SPD code for officers, like the applicant, whose commissions are...
CG | BCMR | Other Cases | 2002-058
The applicant's widow asked the Board to correct his record to show that he changed the beneficiary under his survivor benefit plan (SBP) from his minor child to his widow during the open enrollment period from April 1, 1992 until March 31, 1993. In this letter, the applicant's widow stated that she and the applicant should have been informed by first class mail about the open enrollment season. She was informed by HRSIC that the applicant's SBP election could only be changed during an...
CG | BCMR | Other Cases | 2002-078
He alleged that the Board should find it in the interest of justice to consider his application “because [his] legal name should be on [his] honorable discharge [certificate].” SUMMARY OF THE RECORD On January 19, 1945, XXXXXX XXXXXX XXXXXX enlisted as an apprentice seaman for three years in the Coast Guard Reserve. An untimely application shall be denied unless the Board finds that sufficient evidence has been presented to warrant a finding that it would be in the interest of justice to...
CG | BCMR | Other Cases | 2002-094
Application for Relief The applicant asked that his 1967 DD Form 2141 (Certificate of Release or Discharge from Active Duty) documenting his disability retirement from the Coast Guard be amended to include his service with the Army Transport Service and the Merchant Marine totaling one year, four months, and 22 days, as creditable service for pay purposes. The applicant stated that this time was not included in block 24 (creditable service for pay purposes) of his Coast Guard DD Form 214. ...
CG | BCMR | Other Cases | 2002-096
This final decision, dated March 26, 2003 is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that his pay base date is June 15, 19XX, rather than July 31, 19XX, the date he entered active duty. In support of his application, he submitted a copy of his oath of office, which shows June 15, 19XX as the date on which he received a commission in the rank of ensign. The Chief Counsel stated that the applicant’s...
CG | BCMR | Other Cases | 2002-104
The Chief Counsel of the Coast Guard recommended that the Board grant relief. He stated that every document in the applicant’s record except one shows that Jacksonville, TX, is her home of record, and that he and the Personnel Command are persuaded that the entry of the Silverdale address as her home of record on that one form was “a bona fide error.” FINDINGS AND CONCLUSIONS The applicant’s original enlistment contract shows a Silverdale address as her home of record. ORDER The military...
CG | BCMR | Other Cases | 2002-118
The applicant asked the Board to change the name on his DD Form 214 (discharge certificate from the Coast Guard) to that recently ordered by the Texas Court. Views of the Coast Guard On October 22, 2002, the Chief Counsel of the Coast Guard recommended that the Board deny the applicant's request because he failed to prove an error or injustice in his military record. He stated that the applicant enlisted and served in the Coast Guard under the name as it appears in his military record.
CG | BCMR | Other Cases | 2002-131
However, he alleged, he was not timely counseled about TAP and so took 20 days of annual leave instead of requesting an administrative absence. I adopt the analysis and fact-finding provided by Commander, Coast Guard Personnel Command in enclosure (1) and request you accept his comments as the Coast Guard’s advisory opinion recommending granting relief in the instant case. Applicant alleges that he was not counseled concerning the 20 days “relocation/transition” permissive TAD that may be...
CG | BCMR | Other Cases | 2002-133
The applicant asked the Board to correct his record to show that his enlistment This final decision dated April 8, 2003, is signed by the three duly appointed SUMMARY OF RECORD AND SUBMISSIONS The applicant alleged that the August 27, 2004 end of enlistment date established by the Coast Guard is in error and unjust because he never attended AMT Class "A" School, which was the purpose of an 11-month extension he signed on March 22, 2001. On March 22, 2001, he extended his enlistment for 11...
CG | BCMR | Other Cases | 2002-136
He stated that in January 1989 he received a letter from the Commandant, endorsed by CCGD one, stating that the applicant had failed to earn the minimum 27 points required to remain in the Active Reserve for the anniversary year ending September 2, 1988. The Chief Counsel stated that notwithstanding the Coast Guard's delay in processing the applicant's reserve application and oath of office, the applicant is not entitled to a correction of his record to provide point credit for drills that...
CG | BCMR | Other Cases | 2002-142
He stated that although the applicant's son was eligible for SPB child coverage at the time the applicant made his SBP election, the applicant did not elect coverage for the child or any of his children. The Board has jurisdiction of the case pursuant to section 1552 of title 10 of the The Board makes the following findings and conclusions on the basis of the submissions of the applicant and of the Coast Guard, the applicant's military record, and applicable law: United States Code. ...
CG | BCMR | Other Cases | 2002-151
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: Xxxxxxxxxxxxxxxx xxxxxxxxxxxxxx FINAL DECISION BCMR Docket No. He stated that she was discharged on July 18, 2001, under the Care of Newborn Children program, and that she was enlisted in the IRR the next day even though she never signed an agreement to do so. As there is no documentation supporting her enlistment, her record should be corrected by voiding it.
CG | BCMR | Other Cases | 2002-158
The applicant further wrote that during the March 1, 1999 to February 29, 2000 open enrollment season, he was again unable to correct his SBP election to provided coverage for his former spouse and a dependent child. On March 27, 20xx, the applicant again requested to enroll his former spouse in RC-SBP. Accordingly, the Board should deny the applicant’s request that his record 6.
CG | BCMR | Other Cases | 2003-003
Views of the Coast Guard On March 31, 2003, the Board received an advisory opinion from the Chief Counsel of the Coast Guard recommending that the Board deny the applicant's request for relief. The Chief Counsel stated that the applicant alleged that due to the "not fit for duty" finding by the IMB he was not eligible to remain on active duty, and that he should have been separated from the Coast Guard at the expiration of his active duty contract due to physical disability and given...
CG | BCMR | Other Cases | 2003-005
He alleged that, because he was long divorced by 1999, and his only child was just xxxxxxxx years old, he would have selected survivor benefits for his daughter at the earliest permissible date had he known about the open enrollment period. On XXXXX 31, 19xx, the applicant (who at the time was not married and had no children) completed an SBP election certificate, wherein he chose “option A,” electing no SBP coverage but remaining eligible to elect coverage at age 60. The record does not...
CG | BCMR | Other Cases | 2003-018
applicant. CGPC stated that there is no evidence in the record that the applicant's leave balance was computed when he requested leave for December 2001 or that he was counseled, as required by the Personnel Manual, that entering into an excess leave status would result in checkage of his pay and allowances. The Board finds that the excess leave charged to the applicant in March and April 2002, could have been avoided if the applicant's PERSRU had complied with Article 7.A.4.c.
CG | BCMR | Other Cases | 2003-036
This final decision, dated October 30, 2003, is signed by the three duly appointed APPLICANT’S REQUEST The applicant, now serving as a lieutenant in the Reserve, asked the Board to correct his record to show that he earned at least 50 points in his anniversary years ending in 1997 and 1998, so that each anniversary year would count as a satisfactory year of federal service for retirement purposes.1 He alleged that because the Coast Guard erroneously recorded his participation as...
CG | BCMR | Other Cases | 2003-070
APPLICANT’S ALLEGATIONS The applicant alleged that that he was not AWOL for the period April 16, 1996 to April 29, 1996, but was on authorized leave.3 He alleged that Commander, Coast Guard Personnel Command (CGPC) had authorized his retirement effective July 1, 1996.4 He further claimed that Commander, Thirteenth Coast Guard District, had approved his request to travel outside the continental United States during the period April 10, 1996 to June 30, 1996. The military records before the...
CG | BCMR | Other Cases | 2003-077
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: Xxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxx BCMR Docket No. Since he was living in Minnesota when he enlist- ed, under the JFTR, his home of record should have been listed as xxxxxx, MN. ORDER The application of xxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his military record is granted.
CG | BCMR | Other Cases | 2003-105
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. This final decision, dated March 25, 2004, is signed by the three duly appointed APPLICANT’S REQUEST The applicant's former spouse filed this application asking for a correction to the applicant's military record. The stipulated decree did not mandate that the applicant elect SBP coverage for his then spouse, nor did it mention the...
CG | BCMR | Other Cases | 2003-109
He determined the applicant's death to be "line of duty" but that she was not in a duty status at the time of her death. The applicant was a reservist who performed monthly weekend drills (inactive duty training (IDT)) with a PSU (port security unit). The LCDR from the applicant's unit never stated that the applicant was in a duty status after the drill had secured.