DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2000-166
FINAL DECISION
ANDREWS, Attorney-Advisor:
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. It was docketed upon the
BCMR’s receipt of the applicant’s request on July 25, 2000.
members who were designated to serve as the Board in this case.
This final decision, dated May 31, 2001, is signed by the three duly appointed
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a former xxxxxxxxxxxx in the Coast Guard and current member of
the Army Reserve, asked the Board to correct his military record by changing his
reenlistment code from RE-3R (eligible for reenlistment except for disqualifying factor:
unsuccessful in obtaining professional growth objective) to RE-1 (eligible for reenlist-
ment).
like to serve in the Coast Guard Reserve instead.
The applicant alleged that he is currently serving in the Army Reserve but would
SUMMARY OF THE RECORD
The applicant enlisted as a seaman recruit in the Coast Guard on October 19,
1987. Upon completing boot camp in December 1987, he was advanced to seaman
apprentice. On September 16, 1988, he was advanced to seaman. In the summer of
1990, the applicant attended “A” School to become a xxxxxxxx. On September 7, 1990,
he was advanced to xxxxxxxxx.
In 1991, the applicant received several adverse administrative entries in his
record, documenting several “bounced” checks, costly clerical errors, poor workman-
ship, misuse of government telephones, and not following proper procedures.
In 1994, the applicant received an administrative entry noting that during the
previous several months he had made many costly record-keeping errors, failed to fol-
low instructions, and showed an inability to learn from his mistakes. The entry further
stated that he appeared to work hard but that his work had “not improved to satisfac-
tory levels.”
In 1995, the applicant received evaluation marks of 2 (on a scale from 1 to 7, with
7 being best) in the performance categories “professional/specialty knowledge” and
“quality of work.” The administrative entry accompanying these marks stated that he
was lacking the “basic knowledge of the standard workstation, personnel property
accountability system, and routine correspondence.” It also stated that he could not
format a file, often lost electronic files, and misfiled documents.
The applicant continued to receive very low performance marks. In 1996, he was
reduced in rate from XXX, pay grade E-4, back to seaman, pay grade E-3. Apart from
his continued unsatisfactory performance, there is no cause for the reduction in rate
apparent in his official record.
On July 31, 1997, the applicant received an involuntary honorable discharge at
the end of his enlistment for failing to meet the required Professional Growth Points
(PGP) under the High Year Tenure (HYT) system. He received an RE-3R reenlistment
code and a JBC separation code. The narrative reason for separation shown on his DD
214 is “maximum service or time in grade.” Thereafter, he apparently joined the Army
Reserve.
On January 11, 2001, the Chief Counsel of the Coast Guard submitted an advi-
sory opinion recommending that the Board deny the requested relief. The Chief Coun-
sel pointed out that the applicant’s RE-3R reenlistment code is not an absolute bar to his
reenlistment “if, in the opinion of his Recruiter, Applicant has resolved his
disqualifying factor and his Recruiter believes the Coast Guard would benefit from
Applicant’s reenlistment.”
The Chief Counsel adopted by reference a memorandum prepared by the Coast
Guard Personnel Command (CGPC) concerning the applicant’s case. CGPC stated that
under Article 12.G.9. of the Personnel Manual, members in pay grades E-3 and E-4
“may reenlist or extend up to but not beyond seven years, one month’s active Coast
Guard service and 10 years, 1 month total military service.” Therefore, he argued, the
VIEWS OF THE COAST GUARD
applicant could not reenlist when his enlistment expired at the end of July 1997, because
he had already completed more than 10 years and 1 month of total military service.
CGPC stated that the applicant had failed to submit a request for waiver of the
PGP requirement. CGPC also attached a copy of Article 12.G.9. of the Personnel Man-
ual, which indicates that members may not seek such waivers unless they are in pay
grade E-4 or above.
CGPC further stated that under Article 2.E.1.b.2. of the Recruiting Manual, no
member in pay grade E-3 or below can reenlist if he or she has more than 6 years of
prior active service. Because the applicant has more than 10 years of prior service,
CGPC stated, he is not eligible to reenlist. Furthermore, because the applicant is 37
years old, under Figure 3-2 in the Recruiting Manual, he cannot reenlist because he is
not in pay grade E-4 or above.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On January 12, 2001, the Chairman sent the applicant a copy of the views of the
Coast Guard and invited him to respond within 15 days. On February 5, 2001, the
applicant responded. He indicated that he thought he had “no choice albeit reluctantly
but to make no objection” to the Chief Counsel’s advisory opinion.
APPLICABLE REGULATIONS
Article 12.D.6.a. of the Coast Guard Personnel Manual in effect in 1997 stated
that “HYT establishes limits on the amount of time an active duty enlisted member can
remain at each paygrade. It is designed to increase personnel flow and compel member
to advance in their rating.”
Article 12.D.6.b.(3) defined Professional Growth Points (PGP) as the “maximum
time in service for each pay grade.” Article 12.D.6.c.(3) states that for members in pay
grade E-3 and E-4, the PGP is “7 years active Coast Guard service or 10 years active
military service whichever gives the member a greater total of active military service.
[Members may] reenlist/extend up to, but not beyond 7 years, 1 month active Coast
Guard service or 10 years, 1 month active military service.” Article 12.D.6.i. provides
that only members in pay grades E-4 and above may request a waiver of PGP require-
ments.
The Separation Designator Program (SPD) Handbook provides that members
who are involuntarily discharged when they have attained the maximum amount of
time or service in a pay grade are assigned an RE-3R reenlistment code, JBC separation
code, and “maximum service or time in grade” as a narrative reason for separation.
Article 1.G.6.7. of the current Personnel Manual states that a “person desiring to
enlist or reenlist in the Coast Guard Reserve must not have over 13 years’ total military
service and not more than 10 years of active duty, unless enlisted or reenlisted within 24
hours at the same unit from which discharged. Such a person NOT enlisting or reenlist-
ing within 24 hours may be considered for a waiver in accordance with the Recruiting
Manual, COMDTINST M1100.2 (series), and must be processed through a Coast Guard
recruiting office.”
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the
applicant's military record and submissions, the Coast Guard's submissions, and appli-
cable law:
The Board has jurisdiction concerning this matter pursuant to section 1552
of title 10, United States Code. The application was timely.
At the end of his enlistment in July 1997, the applicant was in pay grade
E-3 and had served 9 years, 9 months, and 12 days in the Coast Guard and 10 years and
9 days of total active duty in the military. Therefore, under Article 12.D.6. of the Per-
sonnel Manual, he had exceeded the PGP for his pay grade and was ineligible to reenlist
or to seek a waiver of the PGP.
The SPD Handbook requires that members involuntarily discharged
because they have exceeded their PGP under HYT be assigned an RE-3R reenlistment
code. Therefore, the applicant has not proved that his reenlistment code was assigned
in error.
4.
The applicant apparently is currently serving in the Army Reserve and
would like to transfer to the Coast Guard Reserve. However, under Article 1.G.6.7. of
the Personnel Manual and other provisions in the Recruiting Manual, he is ineligible for
enlistment in the Coast Guard Reserve unless a Coast Guard recruiter seeks and
receives a waiver on his behalf.
The RE-3R code is not an absolute bar to his joining the Coast Guard
Reserve, but the applicant must be able to convince a Coast Guard recruiter that he
would be a significant asset to the Reserve. The applicant’s military record indicates
that during his more than 6 years as a xxxxxx third class in the Coast Guard, he was
unable to master the basic skills of his rate. Therefore, the Board finds that the RE-3R
code on his DD 214 does not constitute an injustice.
1.
2.
3.
5.
6.
Accordingly, the applicant’s request for relief should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application for correction of the military record of XXXXXXXXX, USCG, is
ORDER
Barbara Betsock
George J. Jordan
John A. Kern
hereby denied.
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 | Discharge and Reenlistment Codes | 2006-096
On August 20, 1999, the applicant was discharged from the Coast Guard pursuant to Article 12.B.18. On May 10, 2005, the DRB denied the applicant's request, stating that his discharge had been carried out in accordance with Coast Guard policy and that his character of service and reenlistment code were proper. VIEWS OF THE COAST GUARD On August 21, 2006, the Judge Advocate General (JAG) of the Coast Guard submitted an advisory opinion in which he adopted the findings of the Coast...
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 | Discharge and Reenlistment Codes | 2003-137
This final decision, dated May 20, 2004, is signed by the three duly appointed RELIEF REQUESTED The applicant, a former seaman recruit (SR; pay grade E-1) in the Coast Guard, asked the Board to correct his military record by upgrading the reenlistment code on his discharge form (DD 214) so that he would be eligible to reenlist. of the Personnel Manual, with an RE-4 reenlistment code, a JMB separation code, and a narrative reason for separation of “unsuitability.” VIEWS OF THE COAST GUARD On...
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
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 | 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 | 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 | Discharge and Reenlistment Codes | 2007-040
This final decision, dated June 28, 2007, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a former seaman recruit (SR; pay grade E-1) who served approximately two months in the Coast Guard before being honorably discharged for a back problem which existed prior to his enlistment, asked the Board to correct his record by upgrading his reenlistment code from RE-4 (ineligible for reenlistment) to one that would allow him to reenlist in the Armed...
CG | BCMR | Discharge and Reenlistment Codes | 2005-035
The applicant’s DD Form 214 dated June 20, 1995, indicates that he was temporarily retired from the Coast Guard effective June 21, 1995, placed on the temporary disability retired list (TDRL), and given a separation code of SFK4 and a reenlistment code of RE-2.5 On August 9, 1999, the Coast Guard’s Central Physical Evaluation Board6 determined that the applicant was not fit for continued duty in the Coast Guard. The JAG argued that the applicant’s request should be denied because...