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CG | BCMR | Advancement and Promotion | 2007-147
Original file (2007-147.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2007-147 
 
XXXXXXXXXXXXX 
XXXXXXXXXXXXX 
   

 

 
 

FINAL DECISION 

 
 
This proceeding was conducted according to the provisions of section 1552 of title 10 and 
section 425 of title 14 of the United States Code.  The Chair docketed the case on June 20, 2007, 
upon receipt of the completed application, and subsequently prepared the final decision for the 
Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case.   
 

This  final  decision,  dated  March  13,  2008,  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 advanced to chief 
machinery  technician  (MKC;  page  grade  E-7),  effective  September  1,  2004.    The  applicant 
alleged that his name was removed from the Reserve advancement eligibility list and that he was 
denied advancement because of a medical condition for which he was placed in a medical hold 
status.  At the time of his removal from the Reserve advancement eligibility list, the applicant 
was serving on active duty pursuant to orders issued under Title 10 of the United States Code.   
 

VIEWS OF THE COAST GUARD 

 
On November 6, 2007, the Board received an advisory opinion from the Judge Advocate 
 
General  of  the  Coast  Guard,  recommending  that  the  Board  grant  relief  in  accordance  with  a 
memorandum  from  the  Commander,  Coast  Guard  Personnel  Command  (CGPC),  which  was 
attached as an enclosure to the advisory opinion.   
 
 
CGPC  stated  that  in  October  2003,  the  applicant  took  the  Reserve  service  wide 
examination (SWE) for advancement to MKC.  The applicant was number 17 on the list because 
he scored 17th highest of all the individuals who took the SWE for that cycle.   
 

 
CGPC  stated  that  on  February  11,  2004,  the  applicant  sustained  an  injury  to  his  right 
shoulder and as a result he was found not fit for duty and placed on medical hold.  He remained 
on medical hold until September 10, 2007.   
 
 
The  applicant  received  his  regular  Enlisted  Employee  Review  ((EER)  performance 
appraisal)) on May 31, 2004.  The applicant was not recommended for advancement on the EER 
due to “Member cannot be recommended for advancement because he is in a medical hold status 
and is not fit for full duty.”  
 

 On August 24, 2004, CGPC published the Reserve advancement list announcing those 
service members who could be advanced to the next higher grade.  The applicant’s name was on 
this list.   
 

However, on August 25, 2004, the applicant’s command sent messages to the Personnel 
Service  Center  stating  that  the  applicant  was  not  eligible  due  to  his  “Not  Recommended”  for 
advancement on his May 31, 2004 EER.  

 
 On August 31, 2004, the Personnel Service Center removed the applicant’s name from 
the Reserve advancement list and stated that he would not be advanced due to the message from 
his command.    

 
On September 30, 2004, the applicant was released from active duty and on October 1, 

2004, he was transferred to the retired reserve list without pay (RET-2).  

 
 CGPC concluded that the applicant was eligible for advancement based on the Reserve 
SWE.    However,  before  he  was  due  to  be  advanced,  he  suffered  an  injury  causing  him  to  be 
placed in a not fit for duty status.  CGPC stated that the applicant’s command did not recommend 
him  for  advancement  on  his  May  31,  2004,  EER  because  of  his  medical  hold  status.    CGPC 
stated that under Articles 5.C.251 and Article 10.B.6.a.32 of the Personnel Manual, personnel in a 
not fit for full duty status can be advanced regardless of their fitness for duty.  Moreover, CGPC 
stated that Article 10.B.73 of the Personnel Manual prohibits giving adverse EERs based upon a 
member’s not fit for duty status that limits his or her ability to perform.   CGPC further stated the 
following: 
 

The withholding of an advancement recommendation based upon the applicant’s 
medical  hold  status  is  contrary  to  policy.    The  command  provides  no  other 
justification for their adverse advancement recommendation and no guidance for 
the applicant to earn an advancement recommendation.  The command followed 

                                                 
1 Article 5.C.25.c. of the Personnel Manual states that personnel declared unfit for duty by CGPC are eligible for 
advancement if their names appear above the cut-off for advancement on the current advancement eligibility list.   
2  Article 10.B.6.a. of the Personnel Manual states that rating chains shall ensure that individuals who have a limited 
opportunity to perform due to medical reasons do not receive adverse EERs solely for that reason.   
3  Article 10.B.7. of the Personnel Manual states that a recommendation of “Not Recommended” reflects that the 
member is not capable of satisfactorily performing the duties and responsibilities of the next higher pay grade.  This 
provision  requires  that  the  member  is  properly  counseled  on  the  steps  necessary  to  earn  a  recommendation  for 
advancement.   

procedure  in  requesting  removal  from  the  advancement  list  based  upon  his  not 
being recommended for advancement on his May 31, 2004 EER . . .  However, 
the  basis  for  the  not  recommended  is  contrary  to  policy  and  unjustly 
disadvantages the applicant.   

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On November 28, 2007, the Board received the applicant’s response to the views of the 

 

 
 
Coast Guard.  He agreed with them.   
 

FINDINGS AND CONCLUSIONS 

 

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

1.   The Board has jurisdiction concerning this matter pursuant to section 1552 of title 10 

 
military record and submissions, the Coast Guard's submissions, and applicable law:  
 
 
of the United States Code.  The application was timely. 
 
 
2.  The JAG admitted, and the Board agrees, that the Coast Guard committed an error 
when  it  marked  the  applicant  as  “Not  Recommended”  for  advancement  on  his  May  31,  2004 
EER solely on the fact that the applicant was in a not for duty status.   Article 10.B.6.a. of the 
Personnel  Manual  states  that  members  shall  not  receive  adverse  EERs  solely  because  their 
medical  circumstances  limit  their  ability  to  perform.      The  only  justification  given  by  the 
applicant’s rating chain for not recommending him for advancement on his May 31, 2004 EER 
was his not fit for duty status.   
 
 
3.    The  Coast  Guard  committed  further  error  by  using  the  erroneous  mark  of  “Not 
Recommended”  for  advancement  to  justify  removing  the  applicant  from  the  Reserve  SWE 
advancement list.  Article 5.C.25 of the Personnel Manual states that members above the cut-off4 
on the advancement eligibility list and are found unfit for duty are eligible for advancement.   
 
 
4. To summarize, the Board agrees with the Coast Guard that the removal of the applicant 
from the enlisted Reserve advancement eligibility list was a violation of Article of Article 5.C.25 
and Article 10.B.6.a. of the Personnel Manual.    
 
 
5.   The  Board  also  finds  that  the  mark  of  not  recommended  for  advancement  and  the 
comment “Member cannot be recommended for advancement because he is in a medical hold 
status and is not fit for full duty” should be removed from the applicant’s EER dated May 31, 
2004, because the Coast Guard has admitted they were assigned in violation of the regulation.  
  
 

6.  Accordingly, the applicant’s request should be granted. 

                                                 
4  Those service  members above the cut-off are  guaranteed advancement even after an advancement list expires, 
whereas members below the cut-off must compete for advancement if not advanced prior to the expiration of the 
advancement list.   

ORDER 

 

The application of XXXXXXXXXXXXX, USCGR, for correction of his military record 

 
The applicant’s record, including his September 30, 2004 DD-214 and his RET-2 orders, 

shall be corrected to show that he was advanced to MKC (E-7) effective September 1, 2004.  

  
The  applicant’s  record  shall  be  further  corrected  by  removing  the  mark  “not 
recommended  for  advancement”  and  the  comment  “Member  cannot  be  recommended  for 
advancement because he is in a medical hold status and is not fit for full duty” from his EER 
dated May 31, 2004.     

 
The Coast Guard shall pay him any back pay and allowances he may be due as a result of 

 
 

is granted.   

 
 

 
 

this correction.    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 Charles P. Kielkopf 

 

 

 
 Kenneth Walton 

 

 

 
 
 Eric J. Young 

 

 

 

 

 

 

 

 

 

 

 

 



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