CG | BCMR | Other Cases | 2009-157
CGPSC alleged that the applicant’s LESes show that he was released from active duty on January 7, 2000, at which time he sold just two days of accrued, unused leave. 1992), the court stated that to determine whether the interest of justice supports a waiver of the statute of limitations, the Board “should analyze both the reasons for the delay and the potential merits of the claim based on a cursory review.”2 The court further instructed that “the longer the delay has been and the weaker...
CG | BCMR | Other Cases | 2009-159
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 affidavit from his relative that she remembers the applicant completing papers of his intent to remain in the Inactive Reserve, his own statement in this regard, and a copy of his 2002 letter requesting to affiliate with the drilling Reserve rebut the Coast Guard’s contention that there is no official record or...
CG | BCMR | Other Cases | 2009-161
Effective 1 September 2008, members who are currently serving on an indefinite reenlistment contract are authorized to enter into a new indefinite reenlistment, one time, during a career for the purpose of selling leave. PSC further stated the following in pertinent part: The Coast Guard’s policy at the time of the time of the applicant’s indefinite reenlistment was, by virtue of an indefinite reenlistment, to provide members the opportunity to sell leave upon entering into a reenlistment...
CG | BCMR | Other Cases | 2009-186
Although CWO4 T did not elect the applicant as a former spouse beneficiary after their divorce, the applicant claims that she is entitled to RCSBP payments under CWO4 T’s 1992 original election certificate for spousal coverage because the guidance provided to CWO4 T and her at the time of his election did not require him to take any further action to keep her as his beneficiary if they divorced. Nor is the applicant a former spouse beneficiary under CWO4 T’s RCSBP. Nor is she a former...
CG | BCMR | Other Cases | 2009-188
1 COMDTINST 7220.1 states that a SELRES enlistment bonus will be recouped if a member enlists on active duty. APPLICABLE REGULATIONS ALCOAST 056/06 authorizes an enlistment bonus of $6,000 for members enlisting in the SELRES for at least six years. When the applicant was counseled about her SELRES enlistment bonus on May 15, 2007, she acknowledged having read and fully understood COMDTINST 7220.1, which clearly states that SELRES enlistment bonuses are subject to recoupment if the...
CG | BCMR | Other Cases | 2009-235
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. Accordingly, the Board finds that the applicant’s request for correction of his military record should be denied because it is untimely and because it lacks merit.
CG | BCMR | Other Cases | 2009-253
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, PSC stated that based on the statements provided by the applicant’s unit, the applicant was improperly counseled on his ability to sell leave upon executing an indefinite reenlistment contract and, if he had been properly counseled, he would have sold leave upon his indefinite reenlistment. However, indefinite reenlistments...
CG | BCMR | Other Cases | 2010-003
(3) of the Personnel Manual, the JAG argued, she needed only 2 years of obligated service to accept her transfer orders before reporting to Sector Mobile on October 28, 2007, and she already had more than 2 years of service remaining on her original enlistment. (3) of the Personnel Manual states that “[m]embers recommended for advancement under the striker program and on the striker eligibility list for advancement are required to have two years’ obligated service remaining upon reporting...
CG | BCMR | Other Cases | 2010-015
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. Effective 1 September 2008, members who are currently serving on an indefinite reenlistment contract are authorized to enter into a new indefinite reenlistment, one time, during a career for the purpose of selling leave. Therefore, the Board does not know for certain (a) whether the applicant actually had 60 days of accrued, unused leave to...
CG | BCMR | Other Cases | 2010-017
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. On the applicant’s DD 214, block 4.a. The instructions in the manual state that, for enlisted personnel, block 11 should contain only the entry “NA.” The PSC pointed out that a member’s military education is properly shown in block 14 of a DD 214 and alleged that the applicant’s completion of 30 weeks of Electronics Technician School is...
CG | BCMR | Other Cases | 2010-035
On July 12, 2007, he signed a 9-month extension contract, extending his enlistment from July 11, 2007, through April 10, 2011. The PSC noted that the applicant enlisted on July 11, 2006, for four years; that he would have graduated from AET “A” School on April 18, 2008; and that the obligated service requirement for AET “A” School is 32 months. However, the PSC concluded that because the applicant “upon graduation, would have had only 23 months remaining on his con- tract, he was obligated...
CG | BCMR | Other Cases | 2010-046
Under Article 4.A.5.b., a full tour of duty at Station Venice is 3 years. The applicant’s records show that he was required to extend his enlistment for 4 years before transferring to Station Venice. ORDER The military record of xxxxxxxxxxxxxxxxxxxxx, USCG, shall be corrected to show that in 2009, he extended his enlistment for 33 months, instead of 48 months, to obligate service for a 3-year tour of duty at Station Venice from July 1, 2009, to July 1, 2012.
CG | BCMR | Other Cases | 2010-065
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The record indicates that sometime after his 1970 discharge, the applicant changed his name from that in official military record to C___ J____ (there is no evidence of this name change in the military record). The records show that the applicant entered, served in, and was discharged from the Coast Guard under the name shown on his DD 214.
CG | BCMR | Other Cases | 2010-095
This final decision, dated November 18, 2010, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct the Report of Medical Examination (Standard Form 88 or Form 88) dated May 11, 1987 by removing a October 8, 1987, stamped entry, which stated that he was qualified for reenlistment/discharge. Additionally, as stated in finding 4 above, the applicant signed entries on September 16, 1987 acknowledging receiving the physical...
CG | BCMR | Other Cases | 2010-103
2010-103 SUMMARY OF THE RECORD The applicant asked the Board to correct her discharge form DD 214 to show in block 12.a. The Coast Guard recommended that the Board deny relief, stating that under Article 12.C.16.a.5. of the Personnel Manual states that “[s]ervice time while attending a Service Academy may not be counted in computing, for any purpose, the length of service of an officer.” COMDTINST M1900.4D states with regard to the net active service entry in block 12.c.
CG | BCMR | Other Cases | 2010-115
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. 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. (b) The Coast Guard shall...
CG | BCMR | Other Cases | 2010-140
The page 7 advised the applicant that she was required to lose the weight and/or body fat by July 17, 2009, and that if she failed to reach weight compliance by the end of the probationary period, she would be recommended for separation. she acknowledged with her signature: On November 2, 2009, the following page 7 was placed in the applicant’s record which On this date you have been determined to be 7 pounds over your MAW and 3% over your maximum allowable body fat. the evidence that the...
CG | BCMR | Other Cases | 2010-154
In support of his allegations, the applicant submitted copies of the old and new Career Intentions Worksheets, which show that the form was amended in August 2009 to include the following advice: “If you are entering into an indefinite reenlistment, this will be the last opportunity to sell leave before you retire or are discharged.” The Judge Advocate General (JAG) recommended that the Board grant relief. of the Pay Manual, members may sell up to a career total of 60 days of leave upon...
CG | BCMR | Other Cases | 2010-165
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: xxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxx BCMR Docket No. The PSC stated that the applicant reported his HOR as being in Elmhurst, NY, upon his enlistment and that under COMDTINST M1900.4D, a DD 214 is supposed to show, as the HOR, the “address if known where member originally entered active duty without a break in service.” Because the applicant’s DD 214...
CG | BCMR | Other Cases | 2010-170
PSC recommended that the Board grant partial relief by offering the applicant the opportunity to “execute an agreement to extend her enlistment for [60] months, effective July 12, 2009 and expiring on July 11, 2014.” PSC stated that the 5-year extension contract would properly account for the period of time between the applicant’s initial contract that expired on July 11, 2009 and the expiration of her current obligation in July 2014.1 1 According to the Coast Guard the applicant does not...
CG | BCMR | Other Cases | 2010-171
Therefore, the JAG recommended that the Board grant relief by directing that the applicant’s record be corrected to show that his EOE was January 11, 2009, and to show that he reenlisted on January 12, 2009, for a Zone B SRB with a multiple of 1.7 under ALCOAST 353/09. FINDINGS AND CONCLUSIONS The JAG admitted, and the Board finds, that the Coast Guard committed an error by erroneously placing an incorrect EOE date in the applicant’s Direct Access electronic record. ORDER The military...
CG | BCMR | Other Cases | 2010-174
Therefore, the Board finds that, had she not been erroneously discharged on December 2, 2009, the applicant would have been able to request to transfer back to the Ready Reserve in accordance with Chapter 3.3.5. of COMDTINST M1020.8G because she met the body fat standard prescribed in the Page 7 before the expiration of her year on the ISL. Thus, PSC’s recommendation for relief does not put the appli- cant back in the position she would have been in had the Coast Guard not erroneously...
CG | BCMR | Other Cases | 2010-191
of COMDTINST M1900.4D state that it should reflect the “date of entry on active duty.” Block 12a of the applicant’s DD 214 cur- rently shows his reenlistment date, December 10, 1992, and he argues that it should be his origi- nal date of entry on active duty, August 29, 1983. of COMDTINST M1900.4D states that block 12c of a DD 214 should reflect “the years, months, and days of service creditable for basic pay purposes for the period from date entered active duty this period (block 12a)...
CG | BCMR | Other Cases | 2010-197
A DD 214 shows that he had 2 years, 1 month, and 17 days of total active service, with a note that the service “includes midshipman service from 30 Jun 69 to 16 Aug 71.” Subsequently, on June 20, 1974, the applicant was discharged from his enlisted status to accept a Naval Reserve commission. However, the alleged error should have been discovered when he received his April 24, 1998 retirement points statement because it shows that he was not given credit for his time at the Naval Academy. ...
CG | BCMR | Other Cases | 2010-227
In this regard, Article 5.B.8a.of the Reserve Policy Manual states that normally on the 30th anniversary of their pay base dates, enlisted members shall be transferred to the ISL Standby Reserve unless they have requested transfer to the IRR, requested retirement, or have been granted waivers by PSC to remain in the SELRES. Although he alleged that the Coast Guard should have transferred him to the ASL/ISL of the Standby Reserve to protect his record from inequities with regard to his pay,...
CG | BCMR | Other Cases | 2010-229
I understand on return to Active Duty, I will enlist in or be appointed to the same grade or rate last held while serving on Active Duty.” On January 27, 2009, the Personnel Command issued orders to discharge the applicant from the Reserve and enlist her in the regular Coast Guard on May 29, 2009, in accordance with Article 1.G.2.a. Based on that old ADBD, the PSC alleged that the applicant’s “expected active duty termination date/end of ser- vice date should be April 21, 2025, a period of...
CG | BCMR | Other Cases | 2010-231
of the Personnel Manual, which authorizes upon discharge a lump sum payment of unused leave “to a maximum career total of 60 days.” Members may not carry more than 75 days of accrued leave from one fiscal year to the next, and any accrued leave in excess of 75 days is lost at the start of a new fiscal year. The applicant checked two boxes—both “Request of individual” and “Sell Leave (Effective 01SEP2008, members who are serving on an indefinite contract (which began prior to 01SEP2008) are...
CG | BCMR | Other Cases | 2010-259
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. applicant qualified as a boat3 crewmember on April 29, 1980, there are no documents in his record indicating that he ever served sea duty or received sea pay.4 Upon his discharge on November 26, 1980, the applicant signed his DD 214, showing zero sea service, as well as an Administrative Remarks page noting that he had “completed 00 years, 00...
CG | BCMR | Other Cases | 2010-260
In support of her allegations, the applicant submitted a copy of a Coast Guard Reserve identification card, which was issued to her on August 19, 2004, and which shows that she was a PO2 (petty officer, second class) in pay grade E-5. An application to the Board must be filed within three years after the applicant discovers, or reasonably should have discovered, the alleged error in her record.1 Although the applicant claimed that she discovered the alleged error in June 2010, she must have...
CG | BCMR | Other Cases | 2011-089
This final decision, dated January 12, 2012, is approved and signed by the three duly APPLICANT’S REQUEST The applicant asked the Board to correct his military record to show that he is not indebted to the government for over $9,000.00 resulting from an alleged overpayment on travel claims that he submitted during a period of active duty. The letter stated the following: [The applicant’s] travel debt resulted from being paid twice for the same periods of travel in 2004. The Coast Guard...
CG | BCMR | Other Cases | 2011-161
This final decision, dated January 26, 2012, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that the year of active service he performed from September 23, 1964, to November 16, 1965, was active duty in the regular Coast Guard instead of active duty for training in the Coast Guard Reserve. The JAG argued that “due to the length of the delay, the lack of compelling reasons for not filing his application...
CG | BCMR | Other Cases | 2011-162
the character and authority … of a member within one’s chain of command is not tantamount to inducing breaches of the peace toward that same member.” The PSC stated that the command could have legitimately charged the applicant with a violation of Article 91 (Insubordinate con- duct toward a warrant officer, non-commissioned officer, or petty officer), instead.6 The PSC stated that even though the applicant did not appeal his NJP, the NJP and all documentation of it should be expunged from...
CG | BCMR | Other Cases | 2011-163
This final decision, dated January 26, 2012, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATION The applicant asked the Board to correct his July 31, 2002 DD 214 to show that he entered active duty on April 7, 1980 instead of June 6, 1989. The applicant’s military record shows that he enlisted in the Coast Guard Reserve Delayed Entry Program on April 7, 1980 and was discharged from that Program on July 21, 1980 for immediate enlistment in the regular Coast Guard. ...
CG | BCMR | Other Cases | 2011-165
His DD 214, which he signed, also shows in blocks 23 through 28 that he was honorably released from active duty due to “completion of required active service” and, in block 29, that he had no “time lost.” Block 12 contains the following entries, in pertinent part: 12. The PSC noted that the applicant does not contest his dates of enlistment or discharge and alleged that the calculation of his time net active service in block 12.c. [ORDER AND SIGNATURES APPEAR ON NEXT PAGE] ORDER The...
CG | BCMR | Other Cases | 2011-181
This final decision, dated February 23, 2012, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that he enlisted as a third class petty officer (pay grade E-4), rather than a seaman (pay grade E-3). The revision of the policy for the RQ program announced in the memorandum dated February 3, 2010, expanded the program “to allow for DoD personnel with greater than 8 years of honorable service to enter the...
CG | BCMR | Other Cases | 2011-213
In conclusion, the applicant argued that her record should be cleared of all evidence documenting that she was placed on weight probation from May 6, 2010 to October 20, 2010 because the page 7s were not prepared in accordance with the Weight Program Manual and/or the Personnel and Pay Procedures Manual. PSC did not recommend the removal of the May 6, 2010 page 7 that documented the applicant non-compliance with the Coast Guard’s weight standards and her placement on weight probation. PSC...
CG | BCMR | Other Cases | 2011-214
This final decision, dated April 19, 2012, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct a Final Mishap Report and SF-600 medical record to show that she did not refuse medical evaluation or treatment when she was injured aboard a cutter in September 2010 and to correct the date of injury shown on these records. I asked the member if she required any further medical attention or if she would have liked ice to apply to...
CG | BCMR | Other Cases | 2011-222
On October 1, 2007, the applicant was discharged from the Coast Guard Reserve. The JAG stated that on August 23, 2007, a panel of officers at PSC reviewed the applicant’s request to withdraw her letter of resignation in accordance with the Coast Guard Reserve Policy Manual. Therefore, when the applicant was RELAD on September 25, 2006, she was not serving under title 10 or any other contingency orders and had been off active duty for approximately one year when she was discharged from the...
CG | BCMR | Other Cases | 2011-224
This final decision, dated May 17, 2012, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a storekeeper second class (SK2/E-5) on active duty, asked the Board to correct her record to show that she was assigned to a cutter instead of a shore unit, Group xxxxxx, from January 31, 2002, to January 9, 2003, so that she will receive sea pay and credit for sea duty for that period. Although the applicant alleged that she worked as much on the tender as...
CG | BCMR | Other Cases | 2011-242
This final decision, dated May 17, 2012, is signed by the three duly appointed members APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record so that he will be reimbursed for the full cost of flying his two dependents from Xxxxxx to Hawaii, which was $2,460.46. PSC stated that the JFTR and the applicant’s travel orders required the applicant to purchase airfare on a GTR (Government Travel Request) account. PSC stated that the applicant is not entitled to...
CG | BCMR | Other Cases | 2011-247
The applicant alleged that although the command in Elizabeth City authorized his travel, shipment of his personal vehicles, and travel time, the com- mand in Hawaii unjustly and erroneously revoked the authorizations, costing him money and days of leave, all because one of his vehicles was shipped from Virginia to Hawaii. Although the applicant alleged that he filed a BCMR application about this matter 1988, the Board has no record of receiving that application. The docu- ments submitted...
CG | BCMR | Other Cases | 2012-001
PSC stated that through the NOE, the applicant was authorized medical care and treat- ment from her RELAD date through May 31, 2011, and was eligible for incapacitation pay for the same period, although she only requested incapacitation pay for the first 90 days. § 12301(h) states that a member may be voluntarily ordered to active duty or retained on active duty to receive authorized medical care. Under Chapter 6.B.3.a., a “Notice of Eligibility (NOE) for authorized medical treatment is...
CG | BCMR | Other Cases | 2012-039
The applicant stated that since that transfer, he has taken leave at every 1 Whenever a member reenlists, his record automatically shows that he was discharged from his prior enlistment the day before the date of reenlistment. of the Personnel Manual, which authorizes upon discharge a lump sum payment of unused leave “to a maximum career total of 60 days.” opportunity, “but the high operational tempo of the unit will not permit me to take the 65 days of leave needed to get below the 75 days...
CG | BCMR | Other Cases | 2012-067
Claims for erroneous payments which may be waived in whole or in part, must have resulted from an erroneous overpayment. After his ROTD was corrected, his record showed that he was no longer a member of the Coast Guard or Coast Guard Reserve as of August 18, 2008, and so was not entitled to the drill pay he received thereafter. The Coast Guard recommends, in essence, that the Board order that the appli- cant’s record be corrected to show that his debt has been waived pursuant to Chapter 11.F.
CG | BCMR | Other Cases | 2012-072
Naval Base, Staten Island,” with an asterisk that explains that the correction is made pursuant to BCMR No. ORDER The application of XXXXXXXXXXXXXXXXXXXXX, for correction of his military record is granted in accordance with the correction made by the Coast Guard that changed “Cape May” to “U.S. Naval Base Staten Island,” in the first sentence of the second paragraph on the February 28, 1961, (Hospital) Discharge Summary.
CG | BCMR | Other Cases | 2012-074
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. In fact, the applicant alleged, the allegations of misconduct on the disputed Page 7 were investigated and dismissed because they had no merit. 754, 764 (1974) (stating that a hearing is not required because BCMR proceedings are non-adversarial and 10 U.S.C.
CG | BCMR | Other Cases | 2012-088
The applicant stated that the allegations that she had misused her GTCC for expenses not related to official duties because they thought she was not on orders or in a travel status were dis- proved and dismissed at mast because she was able to submit official orders and travel claims for all of the listed dates as well as orders authorizing her to rent a car.11 investigation: In support of her claims, the applicant also submitted the following documents from the An email from a Coast Guard...
CG | BCMR | Other Cases | 2012-090
The applicant alleged that his command violated the Military Justice Manual (MJM) by punishing him for the same offense for which he was tried in state civilian court without first obtaining the approval of the Judge Advocate General (JAG). VIEWS OF THE COAST GUARD On May 30, 2012, the Judge Advocate General (JAG) of the Coast Guard submitted an advisory opinion recommending that the Board grant relief to the applicant. The advisory opinion recommended, and the board agrees, that all...
CG | BCMR | Other Cases | 2012-122
This final decision, dated January 18, 2013, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that he was reenlisted on active duty on August 20, 2011, instead of September 1, 2011. VIEWS OF THE COAST GUARD On September 28, 2012, the Judge Advocate General (JAG) submitted an advisory opinion in which he recommended that the Board grant relief in this case by correcting the applicant’s record to show that...
CG | BCMR | Other Cases | 2012-124
There is no evidence that the applicant served on active duty while enrolled in the Temporary Reserve. He stated that it is in the interest of justice to excuse his untimeliness because “I just want my recorded time of service corrected—the time served should be from [August 4, 1942] changed to [December 6, 1942].” VIEWS OF THE COAST GUARD On September 6, 2012, the Judge Advocate General (JAG) of the Coast Guard submitted an advisory opinion recommending that the Board deny relief in...