DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for Correction of
the Coast Guard Record of:
BCMR Docket No. 2003-084
Xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxx
FINAL DECISION
GARMON, Attorney-Advisor:
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 20, 2003 upon the
BCMR’s receipt of the applicant’s request for correction.
ed members who were designated to serve as the Board in this case.
This final decision, dated February 18, 2004, is signed by the three duly appoint-
APPLICANT’S REQUEST
The applicant, a former seaman telecommunications specialist (SNTC; pay grade
E-3), asked that his discharge be upgraded from general Under Honorable Conditions
to Honorable, thereby allowing him to use educational benefits under the Montgomery
GI Bill (MGIB) program.
APPLICANT’S ALLEGATIONS
The applicant alleged that he is unjustly being denied the use of his MGIB bene-
fits. According to MGIB regulations, a member must have received an Honorable dis-
charge during a period of eligible service in order to use educational benefits under the
program. He alleged that in advising him to extend his original enlistment upon its
expiration, rather than reenlist, his unit never told him that he could lose eligibility for
MGIB benefits should the character of his separation be other than Honorable. He
alleged that because he was not fully counseled of his “legal rights,” he missed the
opportunity to satisfy the period of honorable service required in order to use any
MGIB educational benefits.
In support of his application, the applicant submitted a statement in which he
wrote that he now regrets the manner in which he was discharged from the Coast
Guard. He wrote that after he lost the xxxxxxxxx business he began while still in the
service, he realized the importance of an education. He stated that in November 2002,
he enrolled in an online degree program to obtain a Bachelor of Science in Business
Marketing but that he has been unable to continue his studies due to a lack of funding.
The applicant also wrote that since his separation from the Coast Guard, he has
counseled others who were seeking a career to join the Armed Forces. He stated that
close members of his family have had rewarding careers in different branches of the
military but that he desires to be the first in his family to obtain a Bachelor’s degree. In
closing, he asked that, in making a final decision in his case, the Board focus on his
positive accomplishments and the decorations and awards he received during his
period of Coast Guard service.
SUMMARY OF THE APPLICANT’S RECORD
On August 3, 1987, the applicant enlisted in the Coast Guard for four years.
Prior to entering in the Coast Guard, he had served for twenty-three days in the United
States Air Force.
On February 6, 1991, the applicant was given special recognition for his “excep-
tional performance of duty” through “poor weather, long hours, and numerous other
obstacles to safely finish the job.” He was commended for his “willingness to serve,
attention to duty and dedication to mission.”
On May 20, 1991, the applicant voluntarily extended his enlistment for thirty-
three months to have sufficient obligated service to enroll in “A” School. As a result of
this extension, his new expiration of enlistment (EOE) became May 3, 1994. Upon com-
pleting “A” School in October 1991, he was advanced to E-4 and voluntarily extended
his enlistment for an additional seven months, through December 3, 1994, in order to
accept overseas transfer orders.
On February 7, 1992, a negative page 7 entry was entered into the applicant’s
record, noting that the period of eligibility for his first Coast Guard Good Conduct
Award was terminated due to his being assigned a mark of 3 in the conduct character-
istic. Thereafter, several positive page 7s were entered in his record in 1992, 1993, and
1994.
On October 18, 1994, the applicant extended his enlistment for two years and
eight months, through August 2, 1997, for purposes of the High Year Tenure (HYT)
program. Because the applicant had not yet attained pay grade E-5, he was restricted
by the provisions of HYT and ineligible to reenlist beyond his tenth anniversary in the
Coast Guard.
On January 29, 1996, the applicant formally requested to be honorably dis-
charged from the Coast Guard. He explained to the Coast Guard Personnel Command
(CGPC) that at the time he extended his enlistment through August 2, 1997, he believed
that his domestic circumstances would remain the same. However, he stated that
shortly after extending his enlistment, he became divorced from his wife, who moved
with their child over 1000 miles away. He also stated that he had developed a xxxxxxxx
business that he wished to devote himself to on a full-time basis. He stated that his dis-
charge would allow him to see his daughter more frequently and to better serve his
xxxxxxxxx customers.
On January 30, 1996, the applicant’s CO wrote a first endorsement to his request
for discharge. With respect to the “Voluntary Early Release Program for Active Duty
Enlisted Personnel,” the CO stated that there was no program for “soliciting candidates
for a voluntary early release from [the] service.” He stated that the applicant had some
personal issues which had been difficult to resolve as a result of his duties and that “the
prospect of a personal business opportunity … would allow him to better resolve these
matters ….” He stated that, in light of the fact that he had more personnel in the appli-
cant’s rate than for which was billeted, he had no objections to the request if it was in
the best interest of the service.
On February 14, 1996, a negative page 7 entry was entered into the applicant’s
record regarding his failure to report for duty on February 9, 1996. It was noted that the
applicant failed to notify his supervisor or training petty officer until February 12, 1996
that he was experiencing difficulties in completing the assigned task for an All-Hands
training scheduled on February 13, 1996. The applicant’s actions and behavior was
stated to have been “unsatisfactory in completing assigned collateral duties and per-
formance that is expected from a Third Class Petty Officer.” He was further counseled
about his responsibilities and advised that “any future incidents may lead to discipli-
nary action.”
On February 26, 1996, the applicant had a negative page 7 entered into his record
to document his counseling on “the serious nature” of his being charged with driving
under the influence (DUI), reckless driving, and wanton endangerment on January 27,
1996. He was further notified that the situation would be considered his first alcohol
incident and that he was being referred to a community hospital for evaluation on
March 20, 1996.
By memorandum dated February 28, 1996, the Commander of CGPC informed
the applicant that his request for early release from active duty had been denied. The
Commander stated that there was no policy or regulation in effect to “allow [his] early
release this far in advance of [his] normal expiration of enlistment.” He was encour-
aged to complete his enlistment as agreed.
On March 7, 1996, an adverse page 7 was entered into the applicant’s record to
document his March 6, 1996 civil conviction stemming from charges of DUI, reckless
driving, and wanton endangerment. It was noted that the applicant was fined $500.00,
had his driving privileges restricted for 30 days, and was required to complete a state-
sponsored educational program for first-time offenders. The page 7 further noted that
he was counseled on Coast Guard policies concerning alcohol use and/or abuse and
was directed to have a mandatory screening at a community hospital on March 20,
1996.
On March 9, 1996, the applicant was counseled regarding the February 28, 1996
denial of his request for early release from active duty. The page 7 entry notes that he
was advised of the following:
[T]here is no policy or regulation in effect authorizing early separation other than those
defined in Section 12-B of [the Personnel Manual] – for which he does not qualify. He
was instructed to contact the District CEA [command enlisted advisor] if he wanted to
pursue this matter any further and seek advice from [his District legal office] concerning
repercussions resulting from general discharges.
Additionally, [the applicant] was counselled, by all members of his chain of command,
concerning his requirement to attend screening scheduled on [March 20, 1996] at [a com-
munity hospital.] Failure to attend this evaluation would be failure to obey an order or
regulation (Article 92 UCMJ) and may result in disciplinary action.
On March 11, 1996, the applicant had a negative page 7 entered into his service
record, assigning him marks of 2 in the “well-being,” “loyalty,” and “adaptability”
dimensions of his March 6, 1996 enlisted performance evaluation form (EPEF). It stated
that the applicant “frequently failed to maintain [his] assigned collateral duties creating
an increased workload,” was “convicted of driving under the influence, reckless driv-
ing, and wanton endangerment,” and “consistently displayed discontent with the orga-
nization’s decisions concerning [his] early release.” As a result of his being assigned an
“unsatisfactory” in the conduct performance dimension, the applicant’s period of eligi-
bility for a Good Conduct Award was terminated.
On March 14, 1996, the applicant’s qualifications as a communications watch
officer were revoked. A negative page 7 states that the actions taken were a result of
“deteriorating/inconsistent watchstander performance and statements made on March
13, 1996 during an evaluation counselling session.” It was noted that during that ses-
sion, the applicant stated that he was unsure whether he “could be counted-on to stand
[his] watch” and that “[m]aybe [he could be relied on] for [the coming] weekend.” Con-
sequently, the applicant was reassigned as a day worker within the operations depart-
ment.
On March 15, 1996, the applicant was reduced in rank to SNTC, pay grade E-3, as
a result of non-judicial punishment for dereliction of duty. He submitted a handwritten
note to his commanding officer stating the following:
I am writing you this letter to let you know that I’m not very proud of what I’m going to
do. I’m informing the Coast [Guard] at this time, that I will not be going to the screening
and counseling that I was assigned. I’m very sorry for this.
On March 19, 1996, the applicant was placed on six months’ probation pursuant
to Articles 12-B-16 and 12-B-18 of the Personnel Manual because of an “established
pattern of shirking.” The negative page 7 entry stated that during the previous two
months, the applicant’s performance had deteriorated and been inconsistent in that he
had failed to complete assigned collateral duties, submitted inaccurate radio logs, failed
to perform scheduled broadcasts, and been observed watching television during a
scheduled watch. The applicant was counseled on guidelines that he had to adhere to
during his probation and on the consequences of his failure comply with those guide-
lines.
On March 20, 1996, a negative page 7 was entered into the applicant’s record,
stating that his period of eligibility for a Good Conduct Award was terminated due to
his being assigned a mark of “unsatisfactory” in the conduct performance dimension
during the evaluation period ending March 15, 1996. He was also assigned a mark of 1
in the “loyalty” dimension and marks of 2 in the “quality of work,” “working with oth-
ers,” and “setting an example” dimensions. The entry stated that the applicant repeat-
edly demonstrated his discontent with the Coast Guard’s decisions concerning his early
release requests.
On March 25, 1996, the applicant had a negative page 7 entered into his record
about the requirement that he attend a March 27, 1996 screening at a community hos-
pital that had been rescheduled from March 20, 1996. He was advised that his failure to
attend the screening would be a failure to obey an order or regulation and could result
in disciplinary action.
On March 27, 1996, the applicant signed a statement acknowledging that he
unconditionally waived his right to a hearing before an Administrative Discharge
Board. In that statement, he acknowledged that he was advised of (1) his commanding
officer’s recommendation that he be discharged under other than honorable conditions
by reason of misconduct and (2) his rights to appear in a hearing with counsel before an
Administrative Discharge Board, as a result of such recommendation. He also acknowl-
edged that he had voluntarily signed the statement after being assisted and counseled
by legally qualified counsel.
By memorandum, dated March 28, 1996, the Group Commander forwarded to
CGPC his recommendation that the applicant be discharged for misconduct. The
Group Commander outlined a “chronological history of the applicant’s performance,”
which demonstrated an “established pattern of shirking.” He stated that the applicant’s
attitude and performance have “steadily deteriorated since receiving the final denial
letter [to his request for early release from the Coast Guard].” The Group Commander
stated that the applicant acknowledged his intention to recommend him for discharge.
He further stated that upon meeting with counsel, the applicant had indicated that he
did not wish to make an additional statement and waived his right to an Administrative
Discharge Board. With respect to the applicant’s current performance, the Group
Commander stated the following:
[The applicant] has made it clear that he will do whatever is necessary to obtain a dis-
charge short of a court martial. After pursuing a discharge through the chain of com-
mand and contacting both the Group and District Command Enlisted Advisors, as well
as the MCPOCG, he then requested assistance through his Congressman. A congres-
sional inquiry has been initiated and is being processed at Coast Guard Headquarters.
I have removed [the applicant] from any duties in the Communications Center because I
have lost faith and confidence in his abilities. Therefore, [the applicant] can no longer
fulfill the duties to which [he is] assigned. I most strongly recommend that he expedi-
tiously be [sic] discharged.
On March 29, 1996, the District Commander forwarded his endorsement of the
Group Commander’s request to the Commander of CGPC. He strongly recommended
approval of the applicant’s discharge because he was “unreliable” and had “become a
serious burden to his command.”
On April 5, 1996, CGPC ordered the Group Commander to discharge the appli-
cant by reason of misconduct under Article 12-B-18 of the Personnel Manual, with a
separation code of JKN (misconduct).
On April 12, 1996, the applicant signed a page 7 acknowledging that he had been
counseled on and understood his rights on separation from the Coast Guard. He con-
firmed that all of his questions had been answered and that he had received his separa-
tion documents.
On April 26, 1996, the applicant signed a page 7 acknowledging that he had
received a copy of Enclosures (1) through (3) of the MGIB Manual. He also received
pre-separation counseling on the MGIB program, which included coverage on “the pro-
cedures for applying for such benefits,” “[t]he consequences of requesting early separa-
tion from the Coast Guard prior to meeting the minimum service requirements to be
eligible for the MGIB benefits,” and “the opportunity to enroll into the MGIB program
from VEAP, if [he was] being involuntarily separated.”
Also on April 26, 1996, the applicant was discharged “Under Honorable Condi-
tions” with a JKN separation code, an RE-4 reenlistment code (not eligible for reenlist-
ment), and “Misconduct” as the narrative reason for separation on his DD 214. At the
time of his separation from the Coast Guard, the applicant was serving in pay grade E-3
and was credited with 8 years, 8 months, and 24 days of active duty service.
VIEWS OF THE COAST GUARD
On October 7, 2003, the Judge Advocate General of the Coast Guard provided
comments to the Board. He attached to his advisory opinion a memorandum on the
case prepared by CGPC. In adopting the analysis of CGPC, the Chief Counsel recom-
mended that the Board grant no relief.
The Judge Advocate General argued that the applicant submitted an untimely
application and has failed to provide the Board with any reason why it is in the interest
of justice to excuse the delay. He alleged that the applicant’s request, dated April 16,
2003, was submitted nearly four years after the expiration of the time limit for filing his
application for correction. He argued that the record clearly shows that the applicant
was, or should have been, aware of the alleged error within three years of April 26,
1996, the date when his DD 214 was issued to him. He asserted that because the appli-
cant has offered no explanation in support of his claim that he did not discover the error
until January 5, 2003, the three-year filing requirement under 33 C.F.R. § 52.22 should
not be waived.
The Judge Advocate General stated that in order to satisfy the eligibility require-
ments of the MGIB program, a member must be awarded an honorable discharge for an
eligible period of service during his or her military career, even if a subsequent
discharge is only “Under Honorable Conditions.” He asserted that because the appli-
cant voluntarily extended his original enlistment, he did not have an eligible period of
service for the MGIB. He asserted that prior to the applicant’s receiving a general dis-
charge, he was counseled on the ramifications of that discharge on his MGIB entitle-
ment. He contended that because the record contains no evidence of either an error or
injustice, the applicant has failed to carry his burden of production and persuasion.
The Judge Advocate General argued that after the applicant’s request for early
separation was disapproved, his record shows that “he embarked on a purposeful
course of conduct designed to get him kicked out of the Coast Guard as quickly as pos-
sible.” He argued that in accordance with established policy, it was appropriate for the
Coast Guard to administratively discharge the applicant when he “refus[ed] to perform
his duties, refus[ed] to obey orders, and engag[ed] in illegal conduct.” In fact, he assert-
ed, the applicant fails to allege that the Coast Guard committed any error with respect
to his separation process but, instead, requests an upgrade of his discharge “[only to]
avail himself of the educational benefits of the [MGIB program].” He argued that
because the applicant chose to obtain an early discharge by inappropriate methods, his
claim is without merit.
The Judge Advocate General argued that the applicant was afforded all his due
process rights at separation. He asserted that prior to being placed on probation, the
applicant was counseled on the consequences of continuing his poor performance. He
asserted that the applicant was properly notified of his CO’s intention to recommend
his separation under honorable conditions and that he (the applicant) unconditionally
waived his rights to have an administrative discharge board and to make a statement
on his own behalf. He asserted that the Board should deny relief in this case.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On October 14, 2003, the Chair sent a copy of the views of the Coast Guard to the
applicant and invited him to respond within 30 days. The Board received no response.
APPLICABLE LAW
Article 7.g. of the Commandant Instruction 1760.9A (Montgomery G.I. Bill
(MGIB) – Active Duty Education Assistance Program) provides that commanding offi-
cers are required to counsel all active duty MGIB participants on the MGIB program
upon separation, request for early separation, and involuntary separation.
Article 7.g.(2) of the instruction states that “MGIB participants who request early
separation from the Coast Guard, prior to meeting the minimum service requirements
to be eligible for MGIB benefits are [to be counseled] on the consequences of their
actions.” Article 7.g.(3) provides that members who are involuntarily separated from
the Coast Guard receive pre-separation counseling on the benefits of enrolling in the
MGIB, if he or she previously declined the opportunity to enroll. It is further provided
that an administrative entry to memorialize the counseling is signed by both the mem-
ber and the advisor and, thereafter, filed in the member’s record.
Article 1 of Enclosure (1) to Commandant Instruction 1760.9A sets forth the eligi-
bility criteria for active duty personnel. Article 1.D. provides that “[s]ervice members
must receive an HONORABLE discharge for the term of service detailed in paragraph
1.A. or B to use benefits. This does not include a general discharge under honorable
conditions.” Article 1.B. states that “[s]ervice on active duty for at least 3 continuous
years ….”
FINDINGS AND CONCLUSIONS
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
The Board makes the following findings and conclusions on the basis of the
applicant's military record and submissions, the Coast Guard's submission, and appli-
cable law:
1.
§ 1552.
The applicant was discharged from the Coast Guard on April 26, 1996.
The alleged error or injustice was or with reasonable diligence should have been dis-
covered in April 1996, when he signed and received his discharge papers. The applica-
tion for correction in this case is dated April 16, 2003. Title 10 U.S.C. § 1552(b) provides
that application for correction of military records must be filed within three years after
the discovery of the alleged error or injustice. Therefore, the application was untimely.
Failure to file within three years may be excused by the Board, however, if
it finds that it would be in the interest of justice to do so. The Board’s regulations state
that “[i]f an application is untimely, the applicant shall set forth reasons in the applica-
tion why its acceptance is in the interest of justice. An untimely application shall be
denied unless the Board finds that sufficient evidence has been presented to warrant a
finding that it would be in the interest of justice to excuse the failure to file timely.”
33 C.F.R. § 52.22. The application contains no stated reason why the Board should
waive the statute of limitations but instead, notes—also without explanation—that he
discovered the alleged error or injustice on January 5, 2003. Even if this is the date he
realized his ineligibility for MGIB benefits, it is not the date he discovered the character
of his discharge, which is the error he alleges.
In addition to examining the length of delay and the reasons for it, the
Board must also perform a cursory review of the merits to determine the likelihood of
success on the merits of the claim. See Dickson v. Secretary of Defense, 68 F.3d 1396
(D.D.C. 1995). To that end, the Board finds that the applicant has presented insufficient
evidence to show that the Coast Guard committed an error or injustice by allowing him
to extend his original enlistment without informing him that he could lose his eligibility
for the MGIB if he committed misconduct in the future and did not receive an honor-
able discharge.
According to the MGIB Manual, members are to receive counseling about
the ramifications of separation on his or her eligibility for MGIB benefits when being
processed for separation, early separation, or involuntary separation. See Article 7.g. of
the MGIB Manual. The record indicates that while the applicant was being processed
for separation, he was counseled on his MGIB eligibility and that he acknowledged
receiving pre-separation counseling on the MGIB and copies of Enclosures (1) through
(3) of the MGIB Manual. As a result, the preponderance of the evidence indicates that
the Coast Guard complied with its regulations by fully counseling the applicant in a
4.
2.
3.
5.
6.
timely manner about the effect that the character of his service would have on his MGIB
eligibility. Moreover, the applicant has failed to prove that he was entitled to receive, or
that the Coast Guard had a duty to provide, MGIB pre-separation counseling when he
signed his extension contracts.
Furthermore, there is no evidence in the record to indicate that the lack of
such counseling works an injustice against the applicant. The applicant’s records reflect
that he extended his original enlistment contract on three dates: May 20, 1991; October
2, 1991; and October 18, 1994. His records also indicate that he asked for an early dis-
charge from the Coast Guard on January 1, 1996 and was subsequently recommended
for separation due to misconduct under Article 12-B-18 on March 28, 1996. Because the
applicant’s extensions took place prior to his request for early discharge and his CO’s
recommendation for separation, the record fails to show that his unit had reason to
know at the time he executed his extension contracts that he would be discharged
“Under Honorable Conditions” or that his service would somehow not be considered
fully honorable. Under these circumstances, the Board is not persuaded that the appli-
cant was treated unjustly.
Accordingly, the Board finds that it is not in the interest of justice to waive
the statute of limitations in this case. The applicant’s request should be denied for
untimeliness because it lacks merit.
7.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for the correction of
Julia Andrews
Nancy Lynn Friedman
Donald A. Pedersen
his military record is denied.
CG | BCMR | Discharge and Reenlistment Codes | 1998-055
This final decision, dated June 15, 2000, is signed by the three duly APPLICANT’S ORIGINAL ALLEGATIONS AND REQUESTED RELIEF The applicant, a former xxxxxxxxxx, asked the Board to correct her record by changing the separation code (SPD code) and narrative reason for discharge in blocks 26 and 28, respectively, on the DD 214 discharge form issued upon her release from active duty. On August 15, 1991, the applicant signed another statement of under- standing regarding MGIB (form DD 2366) with...
CG | BCMR | Discharge and Reenlistment Codes | 2007-165
Separation Code Reenlistment Code Narrative Reason JPD RE-4 Alcohol Rehabilitation Failure DRB Recommendation Article 12.B.12. states that following a first alcohol incident, the member is counseled about the Coast Guard’s alcohol policies and the counseling is documented on a Page 7 in the member’s record. As a result of the Vice Commandant’s action on the DRB’s recommendation, the applicant now has a JNC separation code for unacceptable conduct, “Unsuitability” as his narrative reason...
CG | BCMR | Other Cases | 2004-064
On June 9, 1999, the CO sent to Commander, Coast Guard Personnel Command (CGPC) his recommendation that the applicant be honorably discharged for unsuitabil- ity because of the two alcohol incidents. 1998-047, the Chief Counsel of the Coast Guard recommended that the Board change the applicant’s separation code to JNC and his narrative reason for separation to “unacceptable conduct.” The Board found that the narrative reason for separation “alcohol rehabilitation failure” was...
CG | BCMR | Other Cases | 2003-036
This final decision, dated October 30, 2003, is signed by the three duly appointed APPLICANT’S REQUEST The applicant, now serving as a lieutenant in the Reserve, asked the Board to correct his record to show that he earned at least 50 points in his anniversary years ending in 1997 and 1998, so that each anniversary year would count as a satisfactory year of federal service for retirement purposes.1 He alleged that because the Coast Guard erroneously recorded his participation as...
CG | BCMR | Discharge and Reenlistment Codes | 2005-066
He recommended that the applicant be discharged under 12.B.12.3 of the Coast Guard Personnel Manual. The applicant’s CO recommended that she be discharged from the Coast Guard pursuant to Articles 12.B.12.a. However, since the appli- cant did not object to being discharged and the JAG is recommending that her record be corrected to show that she was discharged pursuant to Article 12.B.12 of the Personnel Manual, instead of Article 12.B.16., the Board finds the error to be harmless.
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 | Other Cases | 2000-018
The applicant alleged that the Coast Guard had treated him unjustly by (a) refusing to process him for a medical retirement due to his disability; (b) dis- charging him before October 1, 1996, while his medical condition was still unsta- ble and thereby denying him the chance to continue serving until he could earn a 20-year retirement; and (c) issuing retroactive discharge orders that denied him pay and allowances for his last two weeks on active duty. He alleged that the applicant was not...
CG | BCMR | Education Benefits | 2002-119
of the Person- nel Manual, he stated, members with less than eight years of active service are entitled only to notification, an opportunity to submit a written statement, and an opportunity to consult with counsel if a less than honorable discharge is contemplated. of the Personnel Manual, “[t]o discharge a member as an unsatisfactory performer, commanding officers must clearly show the member has been given the proper direction to improve his or her performance and adequate time...
CG | BCMR | Discharge and Reenlistment Codes | 2006-054
command an email stating that he had measured the applicant at 23% body fat. The applicant was medically cleared for weight probation on April 13, 2005, with a weight of 259 pounds and 33% body fat. Although the applicant alleged that his discharge was based on the results of the hydrostatic testing, whereas COMDTINST M1020.8E mandates measurement by tape, the discharge orders issued on August 30, 2005, were clearly based on the weight and tape-measure body fat measurements made near the...
CG | BCMR | Discharge and Reenlistment Codes | 1998-099
The applicant alleged that he did not have a personality disorder. On December 7, 199x, after reviewing the report of the ADB and the record, the Commander of the xxxx Coast Guard District recommended to the Coast Guard Personnel Command (CGPC) that the applicant be discharged for misconduct. No member of the Coast Guard has a right to a TERA retirement.