CG | BCMR | Other Cases | 2003-119
On June 19, 1944, the applicant signed a form #10, which informed him of the diagnosis of psychoneurosis and of the recommendation that he be discharged because of a disability that existed prior to his enlistment and that was not aggravated by his service. VIEWS OF THE COAST GUARD On December 3, 2003, the Judge Advocate General of the Coast Guard submitted an advisory opinion in which he recommended that the Board deny the applicant’s request. Although the applicant now states that he...
CG | BCMR | Other Cases | 2003-121
He stated that every document in the applicant’s record except one shows that Agat, Guam is his home of record. He stated that the applicant and his recruiter, in transferring information from the applicant's enlistment application to his enlistment contract, made a bona fide error in listing the Honolulu, HI address as the applicant's home of record instead of the Agat, Guam address. However, the DD form 1966 (enlistment application) he completed with his recruiter shows the Agat, Guam...
CG | BCMR | Other Cases | 2003-125
This final decision, dated April 29, 2004, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his discharge form DD 214 to show that he served overseas in Greenland in 1965 and 1966. A review of the record indicates that the form DD 214 has no block in which a member’s service in Greenland should be spelled out, unless it was the member’s last duty station or the station from which he was discharged. Therefore, although the applicant...
CG | BCMR | Other Cases | 2004-003
VIEWS OF THE COAST GUARD On February 25, 2004, the Judge Advocate General (TJAG) of the Coast Guard recommended that the Board deny the applicant's request because it is untimely and because she failed to prove an error or injustice in her military record. He argued there is very little chance that the applicant will prevail because the DD Form 214 accurately documents the name under which the applicant served on active duty and her subsequent name change is irrelevant to the accuracy of...
CG | BCMR | Other Cases | 2004-008
On April 10, 2003, after consulting with counsel, he waived his right to a hearing and to submit a statement in his own behalf On April 10, 2003, the CO recommended to the Coast Guard Personnel Com- mand (CGPC) that the applicant receive a general discharge for homosexual conduct because of (a) his admissions, (b) his past poor performance, and (c) his “fail[ure] to uphold the basic core values of loyalty and integrity.” On April 28, 2003, CGPC ordered the CO to discharge the applicant as...
CG | BCMR | Other Cases | 2004-016
This final decision, dated June 30, 2004, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that, upon his indefinite reenlistment on October 29, 2002, he sold 30 days of accrued annual leave. of the Personnel Manual, members being discharged may sell leave and that members may sell a maximum of 60 days of unused annual leave during their careers.1 CGPC stated that the applicant sold 30 days of leave when he...
CG | BCMR | Other Cases | 2004-022
This final decision, dated July 27, 2004, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct the term of an extension contract in his record dated June 10, 2002, from four months to two months. The applicant alleged that he signed the four-month contract in order to obligate sufficient service to attend AVT “A” School. CGPC stated that the applicant’s extension contract was prepared based on a projected start date for the...
CG | BCMR | Other Cases | 2004-064
On June 9, 1999, the CO sent to Commander, Coast Guard Personnel Command (CGPC) his recommendation that the applicant be honorably discharged for unsuitabil- ity because of the two alcohol incidents. 1998-047, the Chief Counsel of the Coast Guard recommended that the Board change the applicant’s separation code to JNC and his narrative reason for separation to “unacceptable conduct.” The Board found that the narrative reason for separation “alcohol rehabilitation failure” was...
CG | BCMR | Other Cases | 2004-094
from his CO to the Board. THE APPLICANT'S MILITARY RECORD On October 7, 1974, the applicant enlisted in the regular Coast Guard with the In BCMR No 2003-058, the Coast Guard and the Board indicated that many of the documents from the applicant's time on active duty in the Coast Guard were not included in the military record they received. Upon reconsideration of all of the evidence, including the applicant's complete military record, this Board finds that the applicant's DD Form 214 is in...
CG | BCMR | Other Cases | 2004-097
This final decision, dated November 17, 2004, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that 11.5 days of leave that he sold at the end of his enlistment with the Army National Guard should not be deducted from the 60 days of leave that he is allowed to sell during his military career. § 501(b)(5) by adding subparagraph (D) to provide that the 60-day limitation shall not apply to “leave accrued … by a member...
CG | BCMR | Other Cases | 2004-117
The applicant stated that PO S testified that LT C had generated the page 7s and lowered the applicant’s evaluation marks by 19 points in retribution for being reported by the applicant and that CDR H later “tried to barter with me over the page 7s … [but] I would not be swayed by [him] to change my tone about the safety inci- dents.” The applicant argued that it is in the interest of justice for the Board to waive the statute of limitations because he did not know about the BCMR and its...
CG | BCMR | Other Cases | 2004-141
On September 12, 2002, a medical note indicated that the applicant was fit for duty. Under current law and service policy, the Coast Guard must presume that members with approved retirement requests are medically fit for retirement unless their medical condition makes them physically unable to perform in their assigned duties or the condition is found to be BCMR Final Decision for Docket No. (1) of the PDES Manual, the medical evidence provided by the applicant and available to the Coast...
CG | BCMR | Other Cases | 2004-146
This final decision, dated March 17, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct her record by changing her discharge date from January 24, 1989, to February 1, 1989. On January 24, 1989, the applicant was discharged from the Coast Guard by reason of convenience of the government,1 in accordance with Article 12.B.12. VIEWS OF THE COAST GUARD On November 15, 2004, the Judge Advocate General (JAG) of the Coast...
CG | BCMR | Other Cases | 2004-176
This final decision, dated May 5, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his discharge form, DD 214, to include his time as a cadet from September 9, 1952, to May 31, 1956, and to show that he was permanently retired from the Coast Guard on May 19, 1964. SUMMARY OF THE RECORD An “Acceptance” form in the applicant’s record shows that he was appointed a cadet in the Coast Guard on September 2, 1952, and thereby...
CG | BCMR | Other Cases | 2005-012
Pursuant to the divorce decree, the applicant was awarded physical custody of the minor child, and the mother was ordered to pay the applicant child support of $125 per month. (2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The applicant argued that his record should be corrected to...
CG | BCMR | Other Cases | 2005-049
The applicant also alleged that before he was medically retired in 1988 with a 60% disability rating and 19 years, 10 months, and 25 days of active duty, he asked to remain on active duty until he could complete 20 years of service. This provision is intended to encourage members who are approaching eligibility for a normal 20 year retirement to conditionally accept the CPEB findings and request retention on active duty.” Subparagraph (e) provided that the Commandant “will respond to all...
CG | BCMR | Other Cases | 2005-055
On September 28, 2004, CGPC issued orders discharging the applicant as of September 27, 2004, with a general discharge under honorable conditions for “Unsatis- factory Performance-Burden to Command.” On February 22, 2005, the applicant’s command informed CGPC that the appli- cant had performed drills after his discharge date because the command had not received his discharge orders in time and had ordered him to attend drills on October 2 and 3, 2004. The command stated that the applicant...
CG | BCMR | Other Cases | 2005-058
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. However, the Board also found that in light of his niece’s recantation and the withdrawal of the criminal charge against him, he was entitled to substantial relief, including the following: • correction of his discharge form to show that he was released to inactive duty in the Coast Guard Reserve on December 15, 1999, by reason of Secretarial...
CG | BCMR | Other Cases | 2005-061
He argued that having to pay more than $6,000 above what he expected to pay for the overage because of misinformation he received from the Transportation Office is a sig- nificant injustice given that he “used an authorized government supported web site to calculate my overage cost as directed by a government expert.” APPLICABLE LAW Article 11.F. § 461, the Secretary may remit or cancel the debt of an enlisted member to the United States “when recovery would be against equity and good...
CG | BCMR | Other Cases | 2005-081
Although Applicant did have many appointments during the 18 months prior to his retirement from active duty, Applicant took approximately 42 days of leave during the period of time between May 2003 and August 2004. CGPC stated that the applicant's March 31, 2005 leave and earnings statement showed that the applicant had already sold 31 days of leave during his military career and that he sold an additional 29 days of accrued leave upon his retirement, for a total of 60 days. The applicant...
CG | BCMR | Other Cases | 2005-092
Subsequently, a May 2002 LES explained that the applicant had been overpaid by In June 2002, the Coast Guard sent the applicant another LES showing that 15 days of accrued leave had been sold to reduce the debt she owed to the government. VIEWS OF THE COAST GUARD On August 26, 2005, the Judge Advocate General (JAG) of the Coast Guard submitted an advisory opinion recommending that the Board deny the applicant’s request. The applicant alleged that she did not receive payment for the leave sold.
CG | BCMR | Other Cases | 2005-135
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. 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). ...
CG | BCMR | Other Cases | 2005-141
CGPC stated that it has issued the applicant a DD 215, dated November 3, 2005, with the following changes to block 12 of his DD 214: DD 215 ENTRY No change No change No change 04 yrs., 08 mos., 17 days 10 yrs., 1 mo., 14 days No change DD 214 ENTRY 80 05 01 (May 1, 1980) Date Entered AD This Period Separation Date This Period 84 11 08 (Nov. 8, 1984) Net Active Service This Period 04 yrs., 06 mos., 08 days 04 yrs., 10 mos., 14 days Total Prior Active Service Total Prior Inactive Service 10...
CG | BCMR | Other Cases | 2005-144
However, his record contains no page 7 documenting the results of alcohol abuse screening or treatment. Regarding the page 7 completed by the applicant’s commanding officer on July 22, 2005, the JAG stated that the Coast Guard’s Office of Military Personnel—rather than CGPC’s Advancement and Separations Branch—establishes all military personnel management policies. Pursuant to Article 20.B.2.f., the applicant’s command was required to document the alcohol incident on a page 7 in his record.
CG | BCMR | Other Cases | 2005-149
of the RPM, “satisfactory participation” required attendance at 43 IDT drills and completion of at least 12 days of active duty or ADT, which was known as the annual training (AT) requirement, during an anniversary year. Applicant’s orders … correctly applied this 120-day rule because the duty occurred within the 120-day period after AY98 terminated.” CGPC stated that the orders show that the applicant’s ADT in April 1998 allowed her to meet her AT requirement for AY 1998 even though it...
CG | BCMR | Other Cases | 2005-152
In his application to the BCMR, the applicant alleged that when he reenlisted on May 2, 2003, he was not advised that because he was signing an indefinite reenlistment it was his last opportunity to sell leave until he retired from the Coast Guard. In that case, the JAG recommended that the Board grant relief because there was no evidence in the applicant’s record that he was counseled about the lump sum leave policy when he signed the indefinite reenlistment contract. CGPC stated in...
CG | BCMR | Other Cases | 2005-154
This final decision, dated June 20, 2006, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a chief warrant officer (CWO) in the Coast Guard Reserve, asked the Board to correct his record to show that from October 22 through November 4, 2003, he served on active duty for training (ADT) rather than inactive duty training (IDT). CGPC directed the Board’s and the applicant’s attention to a DVA website, www.gibill.va.gov, which states that a member may be...
CG | BCMR | Other Cases | 2005-163
This final decision, dated June 20, 2006, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that, upon his reenlistment on April 26, 2005, he sold 30 days of leave. The gist of the complaint is not that the applicant was not counseled about the opportunity to sell leave when he reenlisted, but Final Decision in BCMR Docket No. Accordingly, relief should be denied because the applicant failed to sub- mit...
CG | BCMR | Other Cases | 2005-164
To be eligible the veteran must be in receipt of retired pay based on 20 years or more of service, and must have a compensable service-connected disability from the Department of Veterans Affairs (DVA). Coast Guard Medical Record Entries Related to the Applicant's Back Injury and PTSD A medical note dated June 17, 1958, states that the applicant was struck in his mid abdomen at approximately 8:00 a.m. while aboard ship. In order to qualify for CRSC the applicant needs to show that he is in...
CG | BCMR | Other Cases | 2005-173
Therefore, he recommended that the CPEB’s findings and recommended disposition be corrected to include this sentence: “The disability in item 10 resulted from an injury or disease that was caused by an armed conflict or an instrumentality of war.” He also noted that the Coast Guard should correct the applicant’s “retired pay reporting transactions affected by this change.” APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD On February 15, 2006, the BCMR sent the applicant a copy of the...
CG | BCMR | Other Cases | 2006-009
On March 15, 2005, the Coast Guard’s Personnel Service Center denied the applicant’s request for a waiver, citing Article 5.C.15.c., because he did not have 12 months of sea service in a pay grade higher than E-3. Prior to February 14, 2003, however, the sea duty requirement for advancement to BMC was the same no matter when one entered the rating: “12 months above pay grade E-3 in designated rating.” Waiver Regulations Article 5.C.15.a.1. Under ALCOAST 082/03, the sea duty requirement for...
CG | BCMR | Other Cases | 2006-047
The JAG stated that for the applicant to be entitled to BAH he had to meet the requirements of the Pay Manual, which allowed the payment of BAH to a reservist who is ordered to active duty for less than 140 days, if the member's orders to active duty were in support of a national contingency. If this operation is subsequently declared a contingency by the Secretary of Defense for purposes of BAH, the Coast Guard will be authorized to pay the BAH rate and other applicable entitlements...
CG | BCMR | Other Cases | 2006-050
This final decision, dated September 28, 2006, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former store keeper second class in the Coast Guard Reserve, asked the Board to correct his discharge form, DD Form 214, to show that he was discharged in 1976 since his enlistment expired in 1976. SUMMARY OF THE RECORD On March 15, 1968, the applicant enlisted in the Coast Guard Reserve for six years, through March 14, 1974. Therefore, CGPC alleged, the...
CG | BCMR | Other Cases | 2006-051
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. Although the applicant requested that his DD 214 be corrected to show that he retired with 20 years of service, the Board notes that the applicant’s October 31, 1988, DD 214 clearly states that the he was being voluntarily retired from the Coast Guard after completing 20 years of active service. Accordingly, due to the fact that the...
CG | BCMR | Other Cases | 2006-080
The Judge Advocate General (JAG) of the Coast Guard recommended that the Board grant the applicant’s request because the record supports his allegation of error. Although the applicant took the proper steps to have 100% of the bonus paid into his TSP account, the JAG stated that the Coast Guard erred by paying only 10% of the installment into his TSP account. However, the Coast Guard erred by depositing only 10% of the CSB installment, rather than 100%, into the applicant’s TSP account.
CG | BCMR | Other Cases | 2006-095
If you don't, we cannot discharge you." The emergency treatment record, the physical therapy record, and the recruit discharge summary all state that the applicant admitted that she had suffered a similar injury to her knee prior to joining the service. Without more, the Board finds that Dr. B. based his report of the applicant's report of her history after her discharge from the Coast Guard.
CG | BCMR | Other Cases | 2006-130
[The applicant] further claims that the Commandant of the United States Coast Guard improperly removed him from the rolls of the Coast Guard Reserve. of the Coast Guard Pay Manual and section 501 of title 37 of the United States Code, a member may receive payment for unused accrued leave up to a career maximum of 60 days, which the applicant had already met at the time of his release from active duty in December 2001. The JAG summarized the Coast Guard's recommendations, as follows: A) the...
CG | BCMR | Other Cases | 2006-179
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. However, CGPC stated that the Coast Guard “is bound by the earlier [August 14, 2006] oath [of office] and recommends that the August 19, 2006 oath be removed from her record.” CGPC further stated that the applicant’s Direct Access Orders show that she was supposed to begin EAD “in time to report to DCO [Direct Commission Officer] School and...
CG | BCMR | Other Cases | 2006-182
The JAG further stated that the Page 7 that the applicant signed on August 13, 2004, was not only unauthorized but also invalid because (a) it was signed 10 days before the actual date of enlistment; (b) it commits the applicant to serve in the SELRES for only nine days, through August 22, 2004, when the applicant had not yet enlisted in the SELRES; and (c) it purports to document the reading and understanding of ALCOAST 268/04, which was clearly untrue for both the applicant and the...
CG | BCMR | Other Cases | 2007-006
The Board finds that the Coast Guard erred when the recruiter promised the applicant that he would receive a $2000 enlistment bonus because of his prior military service. "1 The Coast Guard recommended that the Board offer the applicant the choice of having his enlistment contract voided and being discharged from the Coast Guard, or having his record show that he was entitled only to the $5000 enlistment bonus for his college credit. However, the applicant’s recruiter promised him both the...
CG | BCMR | Other Cases | 2007-014
On October 3, 2006, the PSC issued the applicant’s retirement orders, which state that he was “hereby transferred to the United States Coast Guard Retired Reserve with pay as a MST1 effective FEBRUARY 28, 2006.” In addition, the PSC notified the applicant in a letter retroac- tively dated February 27, 2006, that he had completed 20 years of satisfactory service and was “eligible to receive retired pay when [he] reach[ed] age 60 on February 28, 2006.” A database print-out dated December 14,...
CG | BCMR | Other Cases | 2007-018
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. In this regard, CGPC stated that the applicant has not provided any documentation, except for his own statement, that the entry “One brother hard of hearing” is erroneous. However, CGPC stated that the medical report indicates that the applicant responded to treatment and was discharged from the hospital with normal hearing.
CG | BCMR | Other Cases | 2007-038
This final decision, dated August 16, 2007, is approved and signed by the three duly RELIEF REQUESTED DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The April 1, 2005, DD 214 shows that the applicant was assigned to a port security unit, but there is no evidence in her record to show that she performed any sea service between her date of entry on active duty, March 8, 2004, and her date of...
CG | BCMR | Other Cases | 2007-098
After reenlisting, the Coast Guard stated that I was ineligible for the promised bonus because I have too much time in service. 1999-027, the applicant had been promised a $2,000 Reserve enlistment bonus by her recruiter. 2005-117, the applicant was promised a $4,000 enlistment bonus by his recruiter.
CG | BCMR | Other Cases | 2007-112
Other military records show that he enlisted in the regular Coast Guard on May 15, 1978; completed boot camp in New Jersey on July 14, 1978; and attended ten months of “A” School in California from August 7, 1978, to March 30, 1979. CGPC stated that the orders issued for the applicant’s attendance at “A” School in 1978 are no longer in his record. (17)(a) of COMDTINST 1500.10B states that temporary duty orders—not PCS orders—are issued to all members who, like the applicant, are...
CG | BCMR | Other Cases | 2007-117
From July 30 to August 8, 1968, the applicant received injections at the hospital in Japan to treat “acromioclavicular bursitis” (inflammation in his shoulder).3 A doctor reported his condition as “spasm of trapezius muscle, left, cause undetermined.” On the Report of Medical Examination for his October 30, 1968, annual flight examina- tion, the doctor noted that the applicant “denies all significant medical or surgical history since last examination” and found him qualified for Flying Class...
CG | BCMR | Other Cases | 2007-128
Subsection 416(a)(3)(B) of the act amended § 286(b) by limiting entitlement providing that an officer who is discharged due to having twice failed of selection for promotion “and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge or release is entitled to separation pay … ” Subsection 416(c) states that the amend- ments made in 416(a)(3) “shall take effect 4 years after the date of enactment of this Act.” Coast Guard...
CG | BCMR | Other Cases | 2007-129
APPLICANT’S ALLEGATIONS The applicant stated that COMDTINST M1020.8E (Weight and Physical Fitness Standards for the Coast Guard) then in effect, required that a page 7 be prepared and placed in the military record to document the assignment of a new maximum allowable weight for a member who exceeded his or her original maximum allowable weight but who was within their required body fat percentage. CGPC stated that while the page 7 entries regarding adjusted maximum allowable screening...
CG | BCMR | Other Cases | 2007-134
On June 3, 2005, the applicant signed a Page 7 documenting that he had been counseled that he was eligible for a $10,000 SELRES affiliation bonus, pursuant to ALCOAST 293/05, if he joined the SELRES and extended his Reserve obligation from December 12, 2008, through August 16, 2009. The record indicates that the applicant was counseled with a Page 7 on June 3, 2005, that he was eligible to extend his enlistment to receive a $10,000 SELRES affiliation bonus pursuant to ALCOAST 293/05 if he...
CG | BCMR | Other Cases | 2007-150
The JAG stated that a review of the applicant’s record verifies that he enlisted in the Coast Guard on June 19, 2006, while still a member of the Air Force on terminal leave. Therefore, the Board agrees with the JAG that the applicant and the Coast Guard were confused about his discharge date from the Air Force. The Board finds that the applicant should not have been allowed to enlist in the Coast Guard until after his discharge from the Air Force.