Search Decisions

Decision Text

CG | BCMR | Advancement and Promotion | 2001-084
Original file (2001-084.pdf) Auto-classification: Denied
DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 
Application for Correction of  
Coast Guard Record of: 
 
 
xxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxx 
    

 
 
 
BCMR Docket  
No.  2001-084 
 

  FINAL DECISION 

This final decision, dated March 21, 2002, is signed by the three duly appointed members 

 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 425 of 
title 14 of the United States Code.   It was docketed on May 4, 2001, upon the Board’s receipt of 
the applicant’s complete application for correction of his military record. 
 
 
who were designated to serve as the Board in this case. 
 
Applicant’s Request for Relief 
 
 
The  applicant,  an  aviation  maintenance  technician  first  class  (AMT1;  pay  grade  E-6), 
asked the Board to advance him retroactively to AMT1 (E-6), with back pay and  allowances.  
The applicant alleged that he should have been advanced to AM11 on November 1, 1996 rather 
than May 1, 2000.  
 
The applicant alleged that his final multiple2 score for the 1995 servicewide examination 
 
(SWE) for advancement to E-6 was not calculated correctly.  He claimed that the Coast Guard 
failed to include in his final SWE multiple the one point he earned as a result of receiving a letter 
of commendation dated April 14, 1993. 
 
 
The applicant claimed that his unit at the time received the letter of commendation on 
June 1, 1993 and placed a copy in his unit personnel data record (PDR), but did not present the 
award to him or forward it to Commandant for placement in his headquarters record as required 
by the Medals and Awards Manual. 
 
Views of the Coast Guard  
 
 
On September 25, 2001, the Board received an advisory opinion from the Chief Counsel 
of the Coast Guard, recommending that the Board grant relief in accordance with a memorandum 

                                                 
1   The AM rating was changed to the AMT rating in 1999. 
 
2   The final multiple is an overall score on an SWE, which includes the examination score itself 
and points for performance, time in service, time in pay grade in present rating, medals and 
awards,  and  sea  duty.    The  final  multiple  determines  the  order  of  precedence  on  each 
advancement eligibility list.  Articles 5.C.3. & 5.C.31.a. of the Personnel Manual. 

from  the  Commander,  Coast  Guard  Personnel  Command  (CGPC),  which  was  attached  as  an 
enclosure to the advisory opinion.   
 
 
CGPC  stated  that  the  applicant  unknowingly  received  the  letter  of  commendation  and 
through no fault of his own was never presented with it, nor was it ever forwarded to the proper 
headquarters’  office  to  be  entered  into  the  Coast  Guard’s  personnel  management  system.  
According  to  the  Chief  Counsel,  because  of  this  oversight,  one  point  was  not  included  in  the 
applicant’s final multiple score during the 1995 SWE competition.  The failure to include the 
point delayed the applicant’s eventual advancement to E-6 for approximately three and one half 
years.  In this regard, CGPC stated that the Human Resources Services and Information Center 
(HRSIC) recently recalculated the applicant’s 1995 SWE multiple, with the following results: 
 

In the November 1995 SWE cycle, one additional point for [the applicant] would 
have placed him as No. 24A on the  AM1 eligibility list from that competition.  
No.  24  from  that  list  was  advanced  on  October  1,  1996;  No.  25  was  advanced 
November 1, 1996.  We deem that [the applicant] would have advanced to AM1 
(E-6) on November 1, 1996 had he been properly credited with the [point earned 
for  the  letter  of  commendation]  at  the  time  and  presuming  that  [the  applicant] 
maintained eligibility  . . . through the effective date of November 1, 1996.   
 
July  17,  2001:    CGPC    .  .  .  personnel  verified  through  a  review  of  applicant’s 
record  and  phone  conversation  with  applicant’s  servicing  [personnel  reporting 
unit] that applicant was fully eligible for advancement to AM1 on November 1, 
1996.  

 
 
Accordingly, CGPC recommended that the applicant be retroactively advanced to AM1 
[E-6]  as  of  November  1,  1996  and  receive  all  back  pay  and  allowances  that  are  due  to  him.  
CGPC further recommended that the applicant be afforded the opportunity to participate in the 
May 2001 SWE (through a substitute examination) assuming he was fully eligible to compete in 
the AMTC (E-7) SWE as of February 1, 2001.   
 
Applicant’s Reply to the Views of the Coast Guard 
 

On October 16, 2001, the Board received the applicant's reply to the views of the Coast 
Guard.    He  agreed  with  the  advisory  opinion.    He  further  stated  that  he  is  fully  qualified  to 
participate in the May 2001 and wishes to do so through a substitute examination. 
 

FINDINGS AND CONCLUSIONS 

1.  The BCMR has jurisdiction of this case under section 1552 of title 10, United States 

The Board makes the following findings and conclusions on the basis of the applicant's 

 
 
record and submissions, the Coast Guard's submission, and applicable law: 
 
 
Code.  The application was timely. 
 
 
2.  The applicant has shown by a preponderance of the evidence that his final multiple for 
the 1995 SWE for advancement to AM1 was in error, because it did not include the one point the 
applicant was entitled to receive as a result of having been awarded a letter of commendation 
dated April 14, 1993.  The applicant only recently became aware of the letter of commendation.   

 
 
3.  The Chief Counsel of the Coast Guard has recommended relief stating that if the letter 
of commendation had been included in the applicant’s 1995 final SWE multiple, he would have 
been advanced on November 1, 1996. 
 

4. The Board agrees with the Chief Counsel that the applicant has suffered an error and/or 
injustice  and  is  entitled  to  relief.      Additionally,  the  Board  finds  that  the  applicant  should  be 
allowed to participate in the May 2001 AMTC (E-7) by substitute examination, if he is eligible 
to do so. 
 
 
 
5.  Accordingly, the applicant should be granted relief. 
 
 
 

 
 

 

[SIGNATURES AND ORDER ON NEXT PAGE] 

 

ORDER 

 

 
 

 
 
The  application  of  xxxxxxxxxxxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his 
military record is granted. The date of his advancement to AM1 shall be corrected to November 
1, 1996.  He is entitled to back pay and allowances.  In addition, the applicant shall be given the 
opportunity to participate in the May 2001 AMTC (E-7) SWE by substitute examination, if fully 
eligible to do so. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
Michael K. Nolan 

 
Dorothy J. Ulmer 

 
 

 

 
Kathryn Sinniger 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 
 

 
 



Similar Decisions

  • CG | BCMR | Advancement and Promotion | 2003-049

    Original file (2003-049.pdf) Auto-classification: Denied

    of the Personnel Manual] in no way prohibits the proper crediting of [the applicant’s] award and the subsequent revision of the advancement eligibility list contained in [the Commander of the Coast Guard Personnel Command’s letter of July 14, 19xx]. In July 19xx, the applicant’s requested that his PDE be corrected to include his Coast Guard Achievement Award. He asserted that the Coast Guard has “consistently applied a rational policy of setting a cut-off date after which it will not make...

  • CG | BCMR | Advancement and Promotion | 2008-099

    Original file (2008-099.pdf) Auto-classification: Denied

    CGPC stated that the applicant placed #9 on the BMCM advancement list following the May 2001 SWE. CGPC stated that when members at the top of an advancement list are advanced or removed from the list, the members below do not “move up” the list. For example, on December 20, 2002, when CGPC issued ALCGENL 087/02 to announce the “carryover” of members above the cutoffs from the May 2001 advancement lists to the top of the May 2002 advancement lists, CGPC listed for carryover to the 2002 BMCM...

  • CG | BCMR | Advancement and Promotion | 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 | 2006-009

    Original file (2006-009.pdf) Auto-classification: Denied

    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 | Advancement and Promotion | 2008-139

    Original file (2008-139.pdf) Auto-classification: Denied

    13 (the applicant had been No. 3, but the applicant was placed at No. Paragraph 2.B.1 of ALCOAST 341/07 states in pertinent part: “On January 1, 2008, IS members on [the] May 2007 SWE eligibility lists for advancement in their legacy ratings will be removed from their legacy advancement lists and merged into new IS advancement lists,” which was effective from January 1, 2008, to December 31, 2008.

  • CG | BCMR | Advancement and Promotion | 2007-143

    Original file (2007-143.pdf) Auto-classification: Denied

    YNCM stated that the Coast Guard has no record that the applicant completed the October 2000 RSWE or 2001 RSWE. She also denied that she discussed the issue of the applicant not having sufficient time to complete the exam with MKCS B. LTJG D also stated the following: [The applicant] states “LTJG [D] informed me that she had sent the wrong SSN and that a test wasn’t received.” ESO’s do not ORDER RSWE. The applicant alleged that an exam had been sent for him and that it was received by the ESO.

  • CG | BCMR | Discharge and Reenlistment Codes | 2012-115

    Original file (2012-115.pdf) Auto-classification: Denied

    The applicant stated that he was eligible for advancement under Article 1.C.12.f. On February 21, 1995, the Military Personnel Command issued the applicant physical disability retirement orders, which state that the applicant would be retired with a 100% disability rating as of March 21, 1995. Moreover, the JAG argued, even if the Board finds that it is in the interest of justice to waive the statute of limitations in this case, the Board should deny relief because the applicant has failed...

  • CG | BCMR | Advancement and Promotion | 2012-115

    Original file (2012-115.pdf) Auto-classification: Denied

    The applicant stated that he was eligible for advancement under Article 1.C.12.f. On February 21, 1995, the Military Personnel Command issued the applicant physical disability retirement orders, which state that the applicant would be retired with a 100% disability rating as of March 21, 1995. Moreover, the JAG argued, even if the Board finds that it is in the interest of justice to waive the statute of limitations in this case, the Board should deny relief because the applicant has failed...

  • CG | BCMR | Enlisted Performance | 2007-073

    Original file (2007-073.pdf) Auto-classification: Denied

    The applicant alleged that in January 2006, YNC H of the in Service Transfer Team told him that upon his release from active duty, “your unit will request that you be placed on the Reserve Advancement List based on your [active duty] results – that’s your incentive.” The applicant further stated that YNC H and SKSC N (Seattle Reserve Career Develop- ment Advisor) told him that all he had to do was to have his Reserve Unit send a message to have his name transferred from the active duty...

  • CG | BCMR | Advancement and Promotion | 2005-077

    Original file (2005-077.pdf) Auto-classification: Denied

    CGPC stated that under Article 7.C.1.f. of the Reserve Policy Manual (RPM) reservists above the cutoff for advancement who are not advanced prior to beginning EAD may only be advanced if authorized by CGPC but, if not advanced while on EAD, should ask to be advanced upon their release from active duty. Under policy then in effect, however, Reserve members on EAD could not advance off a Reserve advancement list and were required to compete as members on active duty.