DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No.  2007-013 
 
xxxxxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxxxx   

 

 
 

FINAL DECISION 

 
AUTHOR: Ulmer, D. 
 
 
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 October 23, 
2006, upon receipt of the completed application and military records. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

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.  
 

 The applicant alleged that the highest grade he has held in the military service was pay 
grade E-4 and he should have been retired in that grade.  He served in the United States Marine 
Corps from April 20, 2000, to June 19, 2004.  During this service, he was advanced to corporeal 
(pay grade E-4), which is the rate he held upon his discharge from the Marine Corps.   

 
After being discharged from the Marine Corps, the applicant enlisted in the Coast Guard 

on June 9, 2005, in pay grade E-3.   

 

                                                 
1  The  TDRL  is  a  pending  list  of  individuals  whose  disabilities  are  not  permanent.    In  order  to  be  placed on  the 
TDRL, the individual must have a disability that renders him or her unfit to perform the duties of his or her office, 
grade and rank, and the disability must be rated at a minimum of 30% disabling.  Temporary Disability retired pay 
terminates  at  the  end  of  5  years.    See  Chapter  8  of  COMDTINST  M1850.2C  (Physical  Disability  Evaluations 
Manual). 

On  April  21,  2006,  a  Medical  Board  (MB)  convened  and  diagnosed  the  applicant  as 
suffering  from  chronic  post  traumatic  stress  disorder  (PTSD)  with  delayed  onset  and  with  a  
personality disorder (NOS (not otherwise specified)).   

 
On May 17, 2006, the Central Physical Evaluation Board (CPEB)2 met and agreed with 
the  MB  that  the  applicant  suffered  from  PTSD.   The  CPEB  rated  the  applicant’s  disability  as 
thirty percent disabling and recommended that he be placed on the TDRL.   

 
On May 25, 2006, the applicant accepted the findings of the CPEB and its recommended 
disposition and waived his right to a formal hearing.    The CPEB findings were reviewed by the 
Judge Advocate  General  (JAG)  on  June  21,  2006,  and  approved  by  the  Deputy  Commander, 
Coast Guard Personnel Command (CGPC) on July 6, 2007. 

 
The applicant was placed on the TDRL with an effective date of August 15, 2006 in pay 

grade E-3 with a thirty percent disability rating.   
   

VIEWS OF THE COAST GUARD 

 
 
On March 14, 2007, the Judge Advocate General (JAG) submitted an advisory opinion 
recommending  that  the  Board  deny  relief.      The  JAG  stated  that  Article  12.C.15.f.  of  the 
Personnel Manual controls the determination of pay grade upon a member’s placement on the 
TDRL.  This provision states in relevant part: 
 

Unless entitled to a higher grade under some other provision of law, any Coast 
Guard  member  who  retires  for  physical  disability  or  is  placed  on  the  [TDRL] 
under 10 U.S.C. 61 is entitled to the grade or rate equal to the highest of:   
 
 
1.  The grade or rate in which the member served on the date his or her 
name was placed on the TDRL, or , if his or her name was not carried on that list, 
on the date when the member retires.   
 
 
the Commandant determines.   

2.  The highest grade or rate in which the member served satisfactorily, as 

 
 
The JAG stated that Commander, CGPC, acting under the authority of the Commandant, 
determined that the highest grade satisfactorily held by the applicant was E-3.  The JAG stated 
that the Coast Guard Personnel Manual does not include provisions for  retiring members  at a 
higher pay grade attained in prior non-Coast Guard service.   The JAG stated that while in the 
Coast Guard the applicant never advanced beyond pay grade E-3. 
 

                                                 
2    The  Central  Physical  Evaluation  Board  is  a  permanently  established  administrative  body  that  evaluates  on  a 
records  basis  the  fitness  for  duty  of  active  and  reserve  members  and  the  fitness  for  duty  of  members  on  the 
temporary  disability  retired  list.    See  Chapter  4.A.1.  of  the  Physical  Disability  Evaluation  System  Manual 
(COMDTINST M1850.2C). 
 

 
The  JAG  argued  that  the  Coast  Guard  acted  appropriately  and  in  accordance  with 
applicable law and regulations in placing the applicant on the TDRL at pay grade E-3.  The JAG 
further  stated  that  absent  evidence  to  the  contrary,  government  officials  are  presumed  to  have 
carried out their duties correctly, lawfully, and in good faith.  Arens v. United States, 969 F.2d 
1034,  1037  (1992).    In  this  regard,  the  JAG  argued  that  the  applicant  has  failed  to  meet  his 
burden of proving error or injustice on the part of the Coast Guard.    
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On March 28, 2007, a copy of the Coast Guard views was mailed to the applicant with 30 

 
 
days allotted for him to respond.  The BCMR did not receive a response from the applicant.   
 

 

APPLICABLE REGULATION 

 
Article 12.C.15.f. of the Personnel Manual states, in relevant part: 
 

Unless entitled to a higher grade under some other provision of law, any Coast 
Guard  member  who  retires  for  physical  disability  or  is  placed  on  the  [TDRL] 
under 10 U.S.C. 61 is entitled to the grade or rate equal to the highest of:   
 
 
1.  The grade or rate in which the member served on the date his or her 
name was placed on the TDRL, or , if his or her name was not carried on that list, 
on the date when the member retires.   
 

2.  The highest grade or rate in which the member served satisfactorily, as 

the Commandant determines.   
 
Article  12.C.15.g.  (Procedure  to  Certify  Highest  Grade  or  Rate  on  Retirement)  of  the 

Personnel Manual provides the following, in pertinent part: 
 
"1.  Commander, (CGPC-epm) or (CGPC-opm) will administratively review the record of each 
individual scheduled to retire to determine the highest grade or rate in which his or her Coast 
Guard service is satisfactory.”   
 

FINDINGS AND CONCLUSIONS 

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

submissions and military records, submission of the Coast Guard, and applicable law: 
 

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

of the United States Code.  The application was timely.   

 
2.  Prior to enlisting in the Coast Guard, the applicant served in the Marine Corps for four 
years  reaching  pay  grade  E-4.    His  DD  Form  214  from  the  Marine  Corps  shows  that  he  was 
honorably  discharged  with  an  RE-1A  reenlistment  code.   Approximately,  one  year  after  being 

discharged from the Marine Corps, the applicant enlisted in the Coast Guard in pay grade E-3, 
the rate he held at the time of his placement on the TDRL.   

 
3.  The applicant’s request for retirement in the higher E-4 pay grade is based upon his 
Marine Corps service.  Article 12.C.15.f. of the Personnel Manual provides, in pertinent part, that 
a member being placed on the TDRL is entitled to the rate equal to the highest of:   

 
1.  The grade or rate in which the member served on the date his or her name was 
placed on the TDRL, or, if his or her name was not carried on that list, on the date 
when the member retires.   
 
2.   The  highest  grade  or  rate  in  which  the  member  served  satisfactorily,  as  the 
Commandant determines.   

 
4.  Further, Article 12.C.15.g.1 of the Personnel Manual strongly suggests that non-Coast 
 
Guard service will not be considered in making a highest grade determination.  This provision 
states,  “Commander, (CGPC-epm) or (CGPC-opm) will administratively review the record of 
each individual scheduled to retire to determine the highest grade or rate in which his or her 
Coast Guard service is satisfactory.”  (Emphasis added).    Since the applicant never served in 
pay grade E-4 while in the Coast Guard, he was properly placed on the TDRL in pay grade E-3, 
which is the highest grade he held in the Coast Guard in which his service was satisfactory.  
 

5.    Accordingly,  the  Board  finds  that  the  applicant  has  not  demonstrated  an  error  or 

injustice in this case and it should be denied.   
  
 

 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

The  application  of  xxxxxxxxxxxxxxxxxxxxxxxxx,  USCG  (Ret.),  for  correction  of  his 

ORDER 

 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 Kathryn Sinniger 

 

 

 
 Dorothy J. Ulmer 

 

 

 

 

 
 
 Thomas H. Van Horn 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

military record is denied.