CG | BCMR | Other Cases | 2007-151
2007-119, the applicant had been promised a $4000 SELRES bonus for enlisting in the BM rating. The Board finds that the Coast Guard committed an error when the applicant’s recruiter promised him in writing that he would receive a $4000 SELRES bonus for signing a six-year enlistment contract on April 4, 2006. The Page 7 signed by the recruiter and the applicant on April 3, 2006, clearly states that the applicant is eligible to receive a $4000 SELRES bonus.
CG | BCMR | Other Cases | 2007-153
Although the exclusion of the applicant’s prior commissioned service as an active duty officer in the calculation of his TCS for any purpose is counterintuitive, the Board will accept the Coast Guard’s interpretation of the statute because of the language used therein and the lack of any contrary information.1 The Board notes that the statutory language for computing TCS for 1 See Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 866 (1984) (holding that “[w]hen...
CG | BCMR | Other Cases | 2007-172
This final decision, dated April 10, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who retired from the Coast Guard on October 31, 1998, upon completing more than twenty years of active duty asked the Board to correct his final DD 214 by changing the date of his entry on active duty in block 12a from May 1, 1987, to May 1, 1978. CGPC stated that under COMDTINST M1900.4, block 12a on a DD 214 is supposed to show the “Date Entered Active...
CG | BCMR | Other Cases | 2007-184
Rather than the specific relief requested by the applicant, CGPC recommended that the applicant’s record be corrected to show that he was accessed into the Coast Guard in pay grade E-3. specifies that verification of education on the DD Form 1966 [enlistment application] is a “responsibility of recruiters.” Article 2.E.6.b.6 authorizes enlistment in an advanced pay grade for members who are college students. “Applicants who .
CG | BCMR | Other Cases | 2007-190
There is no record of the applicant requesting to sell such leave and the applicant has not leave to sell substantiated an error or injustice on the part of the Coast Guard with regards to the sale of leave. Therefore, no error was committed, if as alleged, the Coast Guard failed to counsel the applicant about the opportunity to sell leave. The Coast Guard failed to counsel the applicant on a page 7 about his SRB opportunity when he reenlisted as required by the Personnel Manual.
CG | BCMR | Other Cases | 2007-198
B-F for reasons beyond member’s control (such as acts of God, restrictions by Govern- ment authorities, difficulties in obtaining fuel for POCs, or other satisfactory reasons).” The applicant also submitted copies of his travel orders, showing that he was authorized only one day of travel time, and travel vouchers showing that he moved from the cutter to government housing at Naval Station Guantanamo Bay, Cuba, on January 10, 2000, and that on January 12, 2000, he took a $20 taxi ride to the...
CG | BCMR | Other Cases | 2007-207
2005-117, the applicant stated that he was promised a $4000 SELRES enlistment bonus by his recruiter. Section B of the applicant’s enlistment contract incorporates the Page 7 documenting his eligibility for a $6,000 SELRES bonus. However, the applicant’s recruiter promised him the $6,000 bonus for enlisting, and the applicant has already given consideration on the contract by enlisting in the SELRES.
CG | BCMR | Other Cases | 2007-214
The JAG admitted the record “does document that Applicant was advised in an Enlistment Package Check-Off List for a $6,000 enlistment bonus, in a Reservation Request for a $6,000 enlistment bonus, and in an Administrative Remarks (CG-3307) dated 08 March 2007, that he was eligible for a $6,000 SELRES enlistment bonus based upon ALCOAST 056/06.” The JAG stated that under ALCOAST 056/06, only members enlisting in a critical rating were eligible for the bonus, and PS3 was not cited as a...
CG | BCMR | Other Cases | 2007-220
This final decision, dated June 12, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a chief health services specialist who was medically retired from the Reserve on April 5, 1997, with a 30% disability rating for post-traumatic stress disorder (PTSD), asked the Board to correct her time in service, awards, and Reserve drill points for her inactive duty training (IDT (paid drills)), active duty training (ADT), special active duty training...
CG | BCMR | Other Cases | 2008-005
1999-027, the applicant had been promised a Reserve enlistment bonus by her recruiter. Although the JAG rec- ommended only that the Board make the contract voidable, the Board granted relief, finding that the recruiter had promised the applicant the bonus as an enticement to enlist and that, “whenever reasonable, such promises should be kept, especially when the member relies on the erroneous advice and gives due consideration for the promised benefit.” In BCMR Docket No. Although the...
CG | BCMR | Other Cases | 2008-044
The JAG stated that the applicant’s official enlistment contract in his military record states only “AN- NEX N SIX YEAR ENLISTMENT” in block B.8. He stated that this contract and the Annex “N” dated February 6, 2003, “are correct and valid.” In addition, the JAG stated that when the applicant enlisted on February 6, 2003, ALCOAST 231/02 was in effect and it authorized a combined bonus only for members perma- nently assigned to Naval Coastal Warfare Forces units. The JAG stated that the...
CG | BCMR | Other Cases | 2008-048
In support of his allegations, the applicant submitted a copy of a CG-3307 (“Page 7”), which was signed by him and his recruiter on the day he enlisted, May 25, 2007, and which states the following: DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. SELRES Enlistment Bonus. SELRES Enlistment Bonus.
CG | BCMR | Other Cases | 2008-059
This final decision, dated September 11, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his military record to “authorize a civilian clothing monetary allowance.” The applicant stated that he is assigned to an overseas OCONUS (outside the continental United States) billet with the Department of Justice in Anchorage, Alaska, where he is required to wear civilian clothing 100% of the time in the performance of...
CG | BCMR | Other Cases | 2008-060
Please contact your command office and your servicing personnel office (SPO) immediately in order to start your retirement process.” On Tuesday afternoon, August 7, 2007, YN1 H emailed Mr. E, stating that the unit had received the applicant’s retirement orders but that in requesting a retirement date of September 1, the applicant “did not take into consideration that he has 57 days of leave on the books.” She asked if the applicant’s approved retirement date could be moved to November 1 so...
CG | BCMR | Other Cases | 2008-067
On May 23, 2006, the applicant was separated from the Coast Guard after 5 years, and 1 day in the active duty Coast Guard. The only apparent error is that the Coast Guard failed to ensure that the applicant executed the oath of office in a timely manner to ensure that she met the conditions placed upon her temporary separation for affiliation in the reserve as specified in [her separation orders]. Therefore, in the interest of justice, the applicant’s record should be corrected to show...
CG | BCMR | Other Cases | 2008-069
This final decision, dated August 14, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to remove from his record a Court Memorandum indicat- ing that he was placed on report for violating the Uniform Code of Military Justice (UCMJ) and awarded nonjudicial punishment (NJP) on May 10, 2006. In light of the OIC’s statement, the Board finds that the XPO’s authority to impose NJP on the applicant during the OIC’s absence was...
CG | BCMR | Other Cases | 2008-070
The applicant alleged that he was advanced from ESG3 to ESG2 in February or March 1961, prior to his discharge, but that the advancement is not reflected on his discharge papers and other military records. The JAG stated that the applicant knew or should have known about the rate shown on his discharge papers in 1961 and that, even if the Board found that the application was timely, the case should be barred under the doctrine of laches because the applicant’s long delay in filing his...
CG | BCMR | Other Cases | 2008-074
The date the member executes an indefinite reenlistment will be the last opportunity for the member to sell leave until such time as the member retires/separates, pursuant to article 7.A.20 of [the Personnel Manual]. ALPERSRU 1/01 required personnel officers to counsel members who were reenlisting indefinitely about the reenlistment being their last opportunity to sell leave prior to their retirement. Therefore, the Board finds that it is in the interest of justice to allow the applicant...
CG | BCMR | Other Cases | 2008-078
1999-027, the applicant had been promised a Reserve enlistment bonus by her recruiter. 2005-117, the applicant stated that he was promised a $4000 SELRES enlistment bonus by his recruiter. In addition, if he meets or has met the participation standards under Chapter 4 of the Reserve Policy Manual during the year following his completion of MST “A” School, his record shall be corrected to show that he is eligible for and entitled to the second half of the $5,000 SELRES enlistment bonus he...
CG | BCMR | Other Cases | 2008-090
PO F was upset and “told her about the van ride and the Peking.” PO F told her that she had been drinking and that the applicant “was touching her breasts and making threats.” PO F also talked about the “[genital] touching” but did not go into detail. Testimony of the Executive Officer (XO) in the Article 32 Investigation The XO of the cutter stated that the applicant was the unit CDAR as “designated in writ- ing by the unit instruction.” Both the applicant and another petty officer “were...
CG | BCMR | Other Cases | 2008-092
However, the applicant’s record clearly indicates that he enlisted in the Coast Guard on June 29, 2004. ALCOAST 192/03 was in effect on June 29, 2004, and it did not provide any bonus for new Coast Guard members enlisting in the SELRES. On June 1, 2004, the Coast Guard issued ALCOAST 268/04, which did provide a bonus for those enlisting in the SELRES for six years in the MST rate, but it did not become effective until July 1, 2004.
CG | BCMR | Other Cases | 2008-095
Because entering information in block 11 for an enlisted member would violate the regulation, CGPC recommended that the Board deny the applicant’s request. Enter all course titles, number of weeks, and year completed, from the date entered in block 12a through the date entered in block 12b. With the notation “NA” and many Xes, block 11 of the applicant’s DD 214 is properly prepared in accordance with Chapters 1.E.
CG | BCMR | Other Cases | 2008-096
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The applicant stated that the Coast Guard denied his 2008 request to have the 18 days of leave restored, even though he qualified for SLA. VIEWS OF THE COAST GUARD On August 12, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted a memorandum in which he adopted the comments provided by Commander, Coast Guard Personnel Command...
CG | BCMR | Other Cases | 2008-124
The JAG admitted that the record “does document that Applicant was advised in an Annex “T” form (CG-3301T) dated 13 May 2007, that he was eligible for a $6,000 enlistment bonus for college credit.” However, the JAG alleged, the Annex “T” was “invalid, erroneous, and unauthorized” because Article 3.A.2.3. 2005-117, the applicant stated that he was promised a $4,000 SELRES enlistment bonus by his recruiter. Although the JAG recommended only that the Board make the contract voidable, the...
CG | BCMR | Other Cases | 2008-130
If you do not pass the PFE by 1 Aug., you will be disenrolled. A high degree of physical fitness is an essential requirement for the receipt of a commission, and under sections 1-2-01 and 2-4-01 of the Regulations for the Corps of Cadets, the Superintendent is responsible for determining the fitness standards for commissioning and for disenrolling cadets who fail to meet those standards. Under section 3-4-02, the Superintendent has made passing the PFE and a swimming test the physical...
CG | BCMR | Other Cases | 2008-142
He stated that this was an error because Wrightwood, CA, is not his HOR, “but rather where [he] was living while stationed in the Air National Guard. CGPC stated that “[a]t the time of his original enlistment in the Coast Guard, he listed his residence as Wrightwood, CA 92397, and he was enlisted at Recruiting Office San Diego, CA.” CGPC stated that his “HOR for the Coast Guard is based upon his home at the time he enlisted in the Coast Guard.” When he enlisted in the Coast Guard, “he was...
CG | BCMR | Other Cases | 2008-170
This final decision, dated April 16, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct her record to show that the year of active service she performed from January 29, 1965, to January 28, 1966, was a year of active duty (AD) as opposed to a year of active duty for training (ADT). She was released from active military service on January 28, 1966, and discharged from the Reserve on January 25, 1968. Therefore, CGPC...
CG | BCMR | Other Cases | 2008-181
In support of her allegations, the applicant submitted photocopies of the following documents: • A court order identifying the petitioner, John Doe, by his date and place of birth and parents’ names, changing his name to Jim Roe, and sealing the order in accordance with State law; • A court order stating that the petitioner, Jim Roe, had previously changed his name to Jim Roe, further changing the petitioner’s name to Jane Roe, and sealing the order in accordance with State law; • The United...
CG | BCMR | Other Cases | 2008-187
Finally, the applicant stated, he was advised that he could sell 40.5 days of leave and also have 20 days of administrative absence,4 which he requested in an email to the YN2 on July 19, 2007. • Later that evening, a YN1 at the ISC sent an email to both the YN2 and the applicant stat- ing that he had misinterpreted the Personnel Manual and that administrative leave could be taken in increments.5 • On the morning of July 19, 2007, the applicant sent the YN2 an email saying that “[t]he new...
CG | BCMR | Other Cases | 2008-196
The JAG noted that under ALCOAST 064/07, the applicant was not entitled to an enlistment bonus because he had previously served in the military, and ALCOAST 064/07 states that bonuses were not available to enlistees with prior military service. 2005-117, the applicant stated that he was promised a $4,000 SELRES enlistment bonus by his recruiter. In addition, if he meets or has met the participation standards under Chapter 4 of the Reserve Policy Manual during the year following his...
CG | BCMR | Other Cases | 2009-016
Accordingly, the JAG recommended that the Board correct the applicant’s record by voiding his June 23, 2007, extension contract and his March 9, 2009, reenlistment contract, and entering a six-year extension contract dated July 17, 2007, for a Zone A SRB pursuant to ALCOAST 304/07. The Board finds that when the applicant signed the 30-month extension contract on June 23, 2007, to obligate service for the transfer to Petaluma, he should have received SRB counseling pursuant to Article 3.C.3....
CG | BCMR | Other Cases | 2009-017
On March 30, 2006, while serving on active duty in Bahrain, the applicant was counseled on a CG-3307 (“Page 7”) about his eligibility for a SELRES Affiliation Bonus as follows: I have been advised that I am eligible for an $1,800.00 dollar SELRES Affiliation Bonus. The JAG asked, “Why would Applicant accept a $1,400 SELRES affiliation bonus, when he could have waited to enlist at the end of the following month and receive a $6,000 prior ser- vice enlistment bonus for a six-year SELRES...
CG | BCMR | Other Cases | 2009-020
This final decision, dated July 16, 2009, is approved and signed by the three duly appoint- APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a boatswain’s mate, second class (BM2) in the Coast Guard Selected Reserve (SELRES), asked the Board to correct his record to show that he is entitled to a $3,000 SELRES Affiliation Bonus. The Page 7 dated September 27, 2008, which was submitted by the applicant, does not appear among the Page 7s entered in the applicant’s military record, which the...
CG | BCMR | Other Cases | 2009-022
According to the Coast Guard, the applicant was charged with 31 days of leave during the 43 days that he was not NFFD. PSC recommended that the Board grant the following relief: “[That] partial relief be granted in that 31 days of leave be credited to the applicant along with any associated pay and entitlements.” In this regard, PSC stated that according to Article 7.A.2.e. His record shall be corrected to show that he was not charged with 31 days of leave between August 8, 2007 and...
CG | BCMR | Other Cases | 2009-041
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. 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. of COMDTINST...
CG | BCMR | Other Cases | 2009-045
However, his command retained him in the SELRES (Tab T8), and the Coast Guard paid the applicant’s SGLI premiums for December 2005 through May 2006 (Tab O). of the handbook states that “[m]embers who elect to be insured for less than the maximum amount, or elect to decline coverage entirely, must also complete form SGLV 8286, Servicemembers’ Group Life Insurance Election and Certificate.” Chapter 1.03 of the handbook states that members of the SELRES are eligible for full SGLI coverage,...
CG | BCMR | Other Cases | 2009-054
SUMMARY OF THE RECORD On September 8, 1986, the applicant enlisted in the Coast Guard Reserve for eight years. The applicant stated that she was transferred to the IRR because of downsizing and unit disbandment and that the letter she received dated November 21, 1995, “said it all and it should be considered.” The letter told her that she would receive more information soon, but she did not. The letter dated November 21, 1995, however, supports the applicant’s contention that she was...
CG | BCMR | Other Cases | 2009-060
The veteran’s military records, which include a birth certificate, show that the veteran was born female and served in the Coast Guard with a female name.1 The applicant alleged that he is the veteran and that State courts have legally changed his gender to male and his name to the male name shown in the case caption. The applicant also submitted a copy of the court order that legally changed his gender to male and ordered the State to issue him a new birth certificate to reflect this...
CG | BCMR | Other Cases | 2009-073
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The veteran’s military records show that he was female when he served in the Coast Guard. Records of former servicemembers are filed based upon Social Security Number and the name of the veteran at the time of discharge.” APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD On February 13, 2009, the Chair sent the applicant a copy of the...
CG | BCMR | Other Cases | 2009-078
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. He alleged that he served on active duty in the Reserve with an incorrect name (not the name on his birth certificate) and asked the Board to correct his military records, particularly his DD 214, to reflect his legal name as it appears on his birth certificate, which he submitted. The Board 8.
CG | BCMR | Other Cases | 2009-079
The applicant stated that his son receives monthly Social Security Supplemental Income (SSI) benefits as well as Medicaid assistance to pay for group home care, day support, transportation, case management, medication, and psychiatric service, all of which amounts to a yearly benefit of approximately $105,333.21. CGPPC stated that the applicant did not elect out of SBP and instead elected child and spouse coverage, and that there is no evidence in the record that either the applicant or his...
CG | BCMR | Other Cases | 2009-093
This final decision, dated September 24, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct the date of his indefinite1 reenlistment contract from October 4, 2007, to June 25, 2007. The applicant alleged that he sold 60 days of leave upon his discharge and indefinite reenlistment on June 25, 2007.2 However, because of the erroneous date in block 5, the sale of leave was not effected until October 4, 2007, which was...
CG | BCMR | Other Cases | 2009-102
The PPC addressed the applicant’s claim for BAH-with but stated that his request for court costs and for compensation for pain and suffering “are beyond the scope of this memo.” The PPC stated that when two members divorce, the custodial parent receives BAH-with even if he or she receives child support from the other member, and the non-custodial member is only entitled to BAH-with “if otherwise qualified.” However, “if the custodial parent agrees in a notarized writing, the non-custodial...
CG | BCMR | Other Cases | 2009-119
However, the Coast Guard’s database Direct Access shows that the applicant was discharged from the Coast Guard. 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 counseling he received from...
CG | BCMR | Other Cases | 2009-119.TechAm
Accordingly, the Board, on the recommendation of the Coast Guard, entered the following order correcting the applicant’s record on November 12, 2009: The application of [applicant’s name], for correction of his military record is granted. REQUEST FOR TECHNICAL AMENDMENT On March 31, 2010, the Coast Guard informed the Board that it required a technical amendment to correct the applicant’s military record as the Board directed in the original proceeding, the intent of which was to eliminate...
CG | BCMR | Other Cases | 2009-120
The applicant submitted a leave and earning statement for the period March 1 through March 31, 2007 with an amendment dated April 12, 2007, that shows that she was credited with balance at the time of discharge, first extension of an enlistment, separation from active duty, desertion, or death is considered as excess leave without regard to the authority under which the leave resulting in a minus balance was granted. However, on April 6, 2007, the PRRB ordered the applicant’s record...
CG | BCMR | Other Cases | 2009-122
The applicant complained that the March 31st Page 7 has been entered in his record twice, whereas it should only appear once, and that the April 24th Page 7 is erroneous in that it states that he was diagnosed as alcohol dependent1 when in fact medical officials found only that he had abused alcohol.2 The applicant stated that because of the false diagnosis of 1 Article 20.A.2.c. states that following a first alcohol incident, the member is counseled about the Coast Guard’s alcohol policies...
CG | BCMR | Other Cases | 2009-132
Federal regulations and a Department of Defense instruction that applies to the Coast Guard outline the administrative remedies available in military pay and allowance matters: (1) members submit a claim to the Coast Guard, (2) appeal to the Coast Guard if the initial claim is denied, (3) the Coast Guard forwards to DOHA’s claims examiners if the appeal is denied, and (4) DOHA rules on the claims examiner’s decision if DOHA’s claims examiners deny the appeal.6 2 BAH partial is paid to a...
CG | BCMR | Other Cases | 2009-141
The record indicates that the applicant served four years in the SELRES as required by his 2005 reenlistment contract, but apparently the Coast Guard refused to pay the $6,000 bonus. The 1998 SELRES bonus was an enlistment bonus and not an affiliation bonus. By refusing to pay the promised $6,000 affiliation bonus and without offering a valid reason for doing so, particularly after the applicant fulfilled his obligations under the contract, the Coast Guard committed error and injustice...
CG | BCMR | Other Cases | 2009-143
This final decision, dated February 25, 2010, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who was honorably discharged from active duty in the Coast Guard Reserve on May 13, 1946, asked the Board to correct his record by “add[ing] Lenord L. Wood (AKA 141) and (PF15) to USS Annapolis.” The applicant alleged that he discovered the errors in 2000 and that the requested correction would help him to get the Department of Veterans Affairs (DVA) to...