CG | BCMR | Retirement Cases | 1998-111
CGPC stated that the “applicant has made arrangements to drill in April 199x so that he obtains one day towards retirement and thus becomes eligible for a 20-year Coast Guard Reserve Retirement.” On April 14, 1999, the Chairman sent the applicant a copy of the views of the Coast Guard and invited him to respond within 15 days. He subsequently extended this enlistment three times, obligating himself to serve another 6 years, through Saturday, April 2, 198x. All other reenlistments shall be...
CG | BCMR | Retirement Cases | 1999-132
The Coast Guard alleged that many lieutenants serving on continuation contracts with less than 18 years of active service were denied TERA retirements and discharged with severance pay. In 199x, the Coast Guard incorrectly promised the applicant that, if he accepted a four-year active duty continuation contract, he would be able to remain on active duty until he could retire with 20 years of active service. However, the Coast Guard permitted the applicant to retire under TERA, which gave...
CG | BCMR | Retirement Cases | 2000-045
In response, the office of the Master Chief Petty Officer of the Coast Guard sent a message stating that the applicant’s only recourse would be to file an application with the BCMR and that “[t]he only thing that could help his cause would be a statement from the Judge and Convening Authority acknowledging that such an agreement was reached.” The applicant also submitted e-mails indicating that at one time, the Coast Guard considered not applying the new regulation to members who requested...
CG | BCMR | Retirement Cases | 2000-175
Upon receiving a copy of the application, the Coast Guard determined that relief was due and corrected his record VIEWS OF THE COAST GUARD administratively before the BCMR had issued a decision. The record reveals that he would have most assuredly applied for such a waiver if he had been informed of the HYT policy as evidenced by his prompt action to correct his retirement date by filing his original BCMR application less than a month after his retirement in May 1997. As a result of his...
CG | BCMR | Retirement Cases | 2002-077
He alleged that, between the time he began the enlistment process by undergoing a physical evaluation in May 1980 and the day “High-3” went into effect, the Coast Guard “had more than ample opportunity to notify [him] that the terms and benefits of career enlistment … were changing … and failed to do so.” He stated that he remembers having several discussions with his recruiter prior to May 1980 about the benefits of joining the Coast Guard, including how retirement benefits were calculated...
CG | BCMR | Retirement Cases | 2002-122
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The applicant enlisted on September 9, 1980. 2000-117, in which the Board denied an applicant’s request to change his date of enroll- ment in the DEP to before September 8, 1980, because it found that the Coast Guard had no legal duty “to counsel civilian applicants who are considering enlistment on pending legislative changes that may affect...
CG | BCMR | Retirement Cases | 2002-129
On September 20, 1975, the applicant was informed that because he had been absent from Reserve duty twelve times during the past anniversary year and if his “unsatisfactory participation” continued, he would be transferred to the Individual Ready Reserve (IRR). On November 5, 1979, the applicant’s supervisor sent him a letter pointing out times when he had either refused to perform certain work or had failed to show up for drills. The applicant’s participation record in the Coast Guard...
CG | BCMR | Retirement Cases | 2002-157
§ 362 provides that the Secretary determines what grade an enlisted member should be retired in, Article 12.C.15.e. Although the convening authority of a court- martial may approve or mitigate a reduction in grade ordered by court-martial, the sec- ond sentence of that Article shows that the convening authority does not make the final determination of the member’s grade upon retirement. While the convening authority determines the member’s sentence, Article 12.C.15.g.
CG | BCMR | Retirement Cases | 2003-021
On July 31, 2002, the PERSRU advised HRSIC, and HRSIC took action to ensure that the applicant’s active duty pay would continue beyond his scheduled retirement date. It is an injustice to deprive the Applicant his active duty pay for work performed.” CGPC recommended that relief be granted by correcting the applicant’s retire- ment date to December 1, 2002; by awarding him all appropriate back pay and allow- ances and recouping the retirement pay he received; by correcting his record to...
CG | BCMR | Retirement Cases | 2004-013
He stated that because he was honorably discharged and reenlisted on December 4, 1987, ten days before his court-martial, the Coast Guard lost the authority to court-martial him, and his case was “handed over to the federal court system.” The applicant also stated that upon reporting to the training center where he had worked on September 28, 1988—the day after his release from prison—he was advised to return home until discharged. The Coast Guard argued that the application was untimely.1...
CG | BCMR | Retirement Cases | 2005-036
He was discharged on November 13, 1972, upon completion of 3 years, 9 months, and 3 days of active service and 1 day of “time lost” for the day he was AWOL, which does not count as creditable serve.2 On November 14, 1972, the applicant reenlisted. The applicant pointed out that his most recent DD 214, which was issued upon his release from active duty on September 30, 2001, shows 15 years, 5 months, and 17 days of prior active duty, which, when added to the 2 years and 9 months of...
CG | BCMR | Retirement Cases | 2005-044
The applicant's request for corrections to his record showing that he had the necessary 20 years of service for a regular retirement and to have his diabetes included in his Coast Guard disability rating are not timely. The applicant was placed on the TDRL with less than 20 years of active service for schizophrenia, not diabetes, in December 1972 and permanently retired with less than 20 years of service due to schizophrenia, not diabetes, in 1977. (a) The Coast Guard has recommended that...
CG | BCMR | Retirement Cases | 2005-131
This final decision, dated April 26, 2006, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, now serving as a xxxxxxxxxxxxxx in the Marine Corps Reserve, alleged that while he was serving in the Coast Guard Reserve, a drill point that he earned during his anniversary year ending February 27, 1980, was erroneously recorded as having been earned during the prior anniversary year, which ended on February 27, 1979. However, his commanding officer noted on...
CG | BCMR | Retirement Cases | 2005-166
Regarding the applicant’s removal as TCIC and transfer from Operations to the Investigations Division, the DOT IG stated that it occurred “after a confrontation between him and [CWO X] over the number of days [the applicant] had worked with- out a day off” and that there may have been “significant miscommunication surround- ing the issue.” CWO X stated that the incident was “the straw that broke the camel’s back” and “stressed that [he] had verbally counseled [the applicant] on numerous...
CG | BCMR | Retirement Cases | 2006-118
retires from active service with the highest grade or rate he or she held while on active duty in which, as Commander [Coast Guard Personnel Command (CGPC)] or the Commandant, as appropriate, determines he or she performed duty satisfactorily, but not lower than his or permanent grade or rate with retired pay of the grade or rate at which retired." of the Personnel Manual, the Coast Guard shall convene a special Board of officers to review the applicant's military record and to recommend to...
CG | BCMR | Retirement Cases | 2007-013
This final decision, dated June 13, 2007, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his military record to show that he was placed on the temporary disability retired list (TDRL)1 in pay grade E-4, the highest grade he held in the military, rather than in pay grade E-3, the highest grade he held in the Coast Guard. This provision states in relevant part: Unless entitled to a higher grade under some other provision...
CG | BCMR | Retirement Cases | 2007-050
He further argued that the Board already ordered that his record be corrected to show that he obligated himself for two years of service in Finding 14. of the Final Decision in Docket No. He also stated that the Board found that his record should “be corrected to show that I obligated two years of duty on September 1, 1999, in order to be advanced to pay grade E-7.”6 Therefore he argued that his retirement multiplier must reflect the two years allegedly awarded to him by the Board and that...
CG | BCMR | Retirement Cases | 2007-078
She told the applicant that he could submit a request to withdraw his retirement request, but under Article 12.C.11.c. The Coast Guard also stated the following in that letter: The Coast Guard Personnel Command approved [the applicant’s] requested retirement date of November 1, 2005. The applicant then requested to withdraw his retirement request, but the Coast Guard denied it.
CG | BCMR | Retirement Cases | 2007-080
This final decision, dated February 21, 2008, is approved and signed by the three duly APPLICANT’S REQUEST The applicant, a LCDR retired by reason of physical disability, asked the Board to correct her record to show that she was retained on active duty until she became eligible for retirement by reason of longevity (20 years of active service), at which time she then retired with a 60% disability rating in accordance with the findings of the Central Physical Evaluation Board (CPEB).2 This...
CG | BCMR | Retirement Cases | 2007-136
The Assignment Officer also informed the applicant that if he retired on February 1, 2006, his relief would be assigned in July 2005 so that there would be a seven-month overlap. Instead, the applicant argues that his retirement date was unjust because (a) he was pressured into requesting a retire- ment date two months before that mandated by law; and (b) he had served more than 30 years on active duty and yet OPM would not make an exception to the assignment policy that would have left his...
CG | BCMR | Retirement Cases | 2007-175
This final decision, dated April 30, 2008, 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 retired in pay grade E-5, which is the highest grade that he held in the Louisiana Army National Guard, rather than PS3 (pay grade E-4), which is the highest grade he held within the Coast Guard. The Commanding Officer, Coast Guard Human Resources Service & Information Center (HRSIC) informed the applicant that...
CG | BCMR | Retirement Cases | 2007-201
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. Regarding the merits of the case, CGPC noted that Article 12.C.15.e. CGPC stated that the applicant’s pay grade was reduced from E-7 to E-6 by a general court-martial on August 7, 1996, and there is no evidence that he was ever re-advanced to QMC/E-7 prior to his retirement from the Service.
CG | BCMR | Retirement Cases | 2009-055
The MEB diagnosed his condition as “recurrent pulmonary embolism (415.1) with anticoagulant medication (208.90).” Also on February 5, 2008, the applicant signed an acknowledgement of the report of the MEB. The PSC also noted that the applicant had accepted the findings and recommendation of the IPEB that he be retired because of a permanent physical disability. The Board also notes in this regard that Article 12.C.9.
CG | BCMR | Retirement Cases | 2009-089
Full Spouse and child SBP coverage was automatically elected for the applicant when the pertinent Coast Guard office did not receive an SBP election certificate from the applicant prior to her retirement on September 1, 2007. PSC recommended that the applicant’s record be corrected to show that prior to her retirement, on August 28, 2007, she completed PSC 4700 and elected, with the concurrence of her spouse, not to participate in SBP coverage. The applicant states that she declined...
CG | BCMR | Retirement Cases | 2009-169
This final decision, dated March 26, 2010, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who was retired from the Coast Guard Reserve as a first class petty officer on March 1, 2007, asked the Board to void his retirement and reinstate him in the drilling Selected Reserve (SELRES). The Page 7 further states that members who do not pass the test might be transferred to the IRR and will not normally be transferred to another unit but might be able...
CG | BCMR | Retirement Cases | 2009-251
The applicant stated that there is no evidence in the CPEB report, the Medical Board (MB), or the command endorsement to the MB that supports the CPEB recommendation that she did not meet the medical requirements for retention in accordance with Chapter 17 of the Personnel Manual. Related to this allegation is her argument that the CPEB committed a typographical error when it placed a mark of “X” in the No block to question 22, which read: “The evaluee has between 18 and 20 years active...
CG | BCMR | Retirement Cases | 2010-040
• • • On April 24, 1995, the applicant enlisted in the Coast Guard Reserve. of the Pay Manual, COMDTINST M7220.29B, states that creditable service for pay purposes includes “all periods of active duty inactive service … in any Regular or Reserve component.” However, Chapter 2.B.4.a. However, the 1995 RATMAN defines an “anniversary year” as extending “from the date of entry or reen- try to the day preceding the anniversary of entry or reentry” and the 1997 RPM states that a reservist’s...
CG | BCMR | Retirement Cases | 2010-119
The applicant stated that he completed his SELRES service on his 60th birthday, March 13, 2007, and entered retired status RET-1 on that date with 40 years, 10 months, and 3 days of creditable service time and 4,491 retirement points. In Public Law 109-364, Congress authorized new pay rates to go into effect on April 1, 2007, and extended them from the previously highest category, “over 26,” to a new high for “over 40.” Although the applicant considers his situation to be one of a kind...
CG | BCMR | Retirement Cases | 2010-161
This final decision, dated February 4, 2011, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who was medically retired from the Coast Guard on December 12, 1990, asked the Board to correct his record to show that he was promoted to CWO3 before his retire- ment and retired at that rank. On his signed application form, DD 149, the applicant noted his pay grade as “CWO-2 (RET).” The Board, referring to the applicant as a CWO2, ordered the record...
CG | BCMR | Retirement Cases | 2010-192
The Board finds that it would be an injustice, however, for the applicant to be denied reserve retired pay after serving for over 20 years in the armed forces because he enlisted in the regular Coast Guard instead of the Coast Guard Reserve. Accordingly, the Board finds that the applicant’s record should be corrected to show that his 1979 and 1983 Coast Guard enlistments were in the Reserve component of the Coast Guard. According to Article 8.C.16 of the Reserve Policy Manual, the fact...
CG | BCMR | Retirement Cases | 2010-238
The PSC stated that the application is untimely and should be denied on that basis Regarding the merits of the application, the PSC stated that under Article 5.C.33.b. of the Personnel Manual, after a member’s rate has been reduced at mast, the member is “subject to the normal advancement system, unless they are considered by their commanding officers to be deserving of special advancement.” The PSC stated that there is no evidence in the record that the applicant successfully competed for...
CG | BCMR | Retirement Cases | 2010-249
The fact that he was unaware or had forgotten by August 2010 that Coast Guard members may be recommended for a Gold or Silver Lifesaving Award—instead of a purely military medal, such as a Coast Guard Medal, Meritorious Service Medal, or Coast Guard Commendation Medal—if their acts of heroism are performed while on leave or liberty does not explain why he failed to seek a higher award sooner if he felt his Coast Guard Com- mendation Medal was insufficient. His Group Commander recommended...
CG | BCMR | Retirement Cases | 2011-009
On July 14, 2003, the applicant was separated from the Coast Guard because of a physical disability. The Board notes the applicant’s argument that if his application is untimely, the Board should consider that the physical evaluation boards acted untimely in resolving his physical disability issue because his back problem was diagnosed in 1999 and he was not discharged until 2003. The applicant’s then-CO noted that the applicant had been in a limited duty status for over 30 months and that...
CG | BCMR | Retirement Cases | 2011-041
If Option A is elected at time of 20 year satisfactory service letter, and spouse concurs, member will have an opportunity to elect into the Survivor Benefit Plan (SBP) at age 60. (B) Reserve-component annuity participants.--A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of 2 Pub. § 1448(a)(5), entitled “Participation by...
CG | BCMR | Retirement Cases | 2011-043
In making this recom- mendation, he adopted the findings and analysis provided in a memorandum on the case pre- pared by the Personnel Service Center (PSC), which stated that the Board should grant relief because the applicant was honorably discharged from the Marine Corps Reserve as an E-8, and retired members who began military service before September 8, 1980, should receive retired pay “based on the highest grade satisfactorily held at any time in the Armed Forces and the Commandant’s...
CG | BCMR | Retirement Cases | 2011-079
This final decision, dated September 29, 2011, is approved and signed by the three duly APPLICANT’S REQUEST, ALLEGATION, AND EVIDENCE The applicant asked the Board to correct his record to show that he retired from the Coast Guard Reserve under the Reserve Transition Benefits (RTB)1 program with 15 years, 8 months, and 8 days of creditable service instead of being discharged in 1992. The applicant was assigned to Coast Guard Reserve Unit Pittsburgh [in the SELRES] from September 1984 to...
CG | BCMR | Retirement Cases | 2011-094
If [the Coast Guard] need[s] me to complete my final months, I will go anywhere and do anything for the Coast Guard. recommendation of the ASB to separate the applicant because of alcohol abuse. The applicant’s DD 214 shows that he was discharged from the Coast Guard under Article 12.B.12 (convenience of the Government) of the Personnel Manual, with an honorable discharge due to “Alcohol Rehabilitation Failure,” with a GPD separation code (which corresponds with an involuntary discharge...
CG | BCMR | Retirement Cases | 2011-096
This final decision, dated November 18, 2011, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant was medically retired from the Coast Guard on December 20, 1979, with a 50% disability rating for acute depression. 2007-080, the applicant had been medically retired with a 60% disability rating and 19 years and 29 days of active duty after the CPEB reported that she did not meet the standards for retention until her 20th active duty anniversary. ...
CG | BCMR | Retirement Cases | 2011-130
§ 357(j) states “When the Secretary orders a reduction in force, enlisted personnel may be involuntarily separated from the service without the [enlisted personnel board’s] action.” The applicant stated that the Secretary approved a Coast Guard memorandum that authorized involuntary retirements without board action, but she did not order a reduction in force. According to the applicant, the memorandum approved by the Secretary on behalf of the Coast Guard states that “the [CRSP] is required...
CG | BCMR | Retirement Cases | 2011-152
I served in the CG Reserve that year, receiving 94 points for that year. The military record provided to the Board from Coast Guard Headquarters is incomplete and therefore not of any assistance to the Board in determining the applicant’s or command’s actions with regard to processing the applicant’s temporary injury. However, the Board shall grant further consideration of this application if the applicant submits a true copy of his unit military record to the Board (including any page...
CG | BCMR | Retirement Cases | 2011-226
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 the veteran was born male and served in the Coast Guard with a male name.1 The applicant alleged that she is the veteran and that a State court has legally changed her name to the female name shown in the case caption. Furthermore, it should be noted that records of former service members are filed...
CG | BCMR | Retirement Cases | 2011-238
On September 26, 2000, the applicant’s CO advised her in a letter that he would be rec- ommending her discharge from the Coast Guard for weight control failure. The PSC stated that the applicant was dis- charged due to weight control failure when she had 19 years, 2 months, and 5 days of active duty. states that members not in compliance with MAW and body fat standards “shall be referred to a medical officer or local physician, who shall make a recommendation to the command as to the...
CG | BCMR | Retirement Cases | 2011-258
The applicant alleged that the marks of N were erroneous and unjust because “the number factors in all the enlisted employee reviews all exceed the minimum average mark of ‘4’.” He noted that under Article 10.B.6.a.6. of the Personnel Manual states that the rating chain should not recommend a member for advancement if the member “is not capable of satisfactorily performing the duties and responsibilities of the next higher pay grade.” Moreover, Article 10.B.7.1. states that a member should...
CG | BCMR | Retirement Cases | 2012-048
Although applicant submitted a request for voluntary retirement and selected a retirement date within his current enlistment, applicant’s chosen retirement date of 1 July 2011 was denied. of the Personnel Manual, the Commandant may, at his discretion, convene a Coast Guard Enlisted Personnel Board to recommend enlisted members with 20 or more years of active service for involuntary retirement. However, Article 12.B.12.a of the Personnel Manual states that Commander, PSC may authorize or...
CG | BCMR | Retirement Cases | 2012-091
The Coast Guard correctly noted that the regulation requires that a reservist earn 50 points per anniversary year for that year to be creditable toward a 20- year retirement. The supervisor stated that the applicant’s command was aware of his temporary disability, excused his absences from drills, and worked with the applicant to reschedule his missed drills, although the supervisor did not provide the specific dates on which the applicant was scheduled to make- up the drills. 193-92, the...
CG | BCMR | Retirement Cases | 2012-098
In response, the Commandant advised the congressman that although the applicant’s performance had been excellent and he had saved the Coast Guard time and money, his request for a direct appointment to warrant officer was not feasible because such appointments were made pursuant to a competitive process. He explained the circumstances of the applicant’s case as follows: On May 7, 1973, [the applicant] enlisted in the Coast Guard Reserve as a Petty Officer First Class. To advance to pay...