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CG | BCMR | OER and or Failure of Selection | 2001-085
Original file (2001-085.pdf) Auto-classification: Denied
DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 
Application for Correction of  
Coast Guard Record of: 
 
XXXXXXXXXXXXXX 
XXXXXXXXXXXXXX 
    

 
 
 
BCMR Docket  
No.  2001-085 
 

  FINAL DECISION 

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

 
 
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. 
 
 
members who were designated to serve as the Board in this case. 
 
Application for Relief 
 
 
The  applicant,  xxxxxxxxxxxxxxxxxxxxxx,  asked  the  Board  to  award  him  back 
pay  and  allowances  retroactive  to  June  1,  2000,  which  is  his  CWO3  date  of  rank.  
Specifically,  he  requested  that  he  receive  back  pay  and  allowances  for  any  drills  and 
active duty training that he has performed since June 1, 2000. 
 
 
The applicant stated that due to an administrative error, the 1999 CWO3 inactive 
duty  promotion  list  (IDPL)  selection  board  did  not  consider  his  record.    He  was 
subsequently selected for promotion to CWO3 by the 2000 IDPL CWO3 selection board.  
He was promoted in January 2001, with an adjusted CWO3 date of rank retroactive to 
June  1,  2000,  the  date  he  would  have  had  if  he  had  been  selected  for  promotion  to 
CWO3  by  the  1999  IDPL  CWO3  selection  board.      In  a  letter  from  the  Commander, 
Coast  Guard  Personnel  Command,  xxxxxxxxxxxxxxxx,  the  applicant  was  told  that 
although the Coast Guard had adjusted his date of rank, he had to apply to the BCMR 
to receive back pay and allowances.   
 
Views of the Coast Guard  
 
 
Counsel of the Coast Guard.  He recommended that the Board grant relief. 
 
 
The Chief Counsel stated that 14 U.S.C. § 739 (b) provides that “a reserve officer 
is  not  considered  to  have  failed  of  selection  if  the  officer  was  not  considered  by  a 
selection  board  because  of administrative error.  If that officer is selected by the next 

On September 25, 2001, the Board received an advisory opinion from the Chief 

appropriate selection board after the error is discovered and is promoted, the same date 
of rank and precedence shall be assigned that would have been assigned if the officer 
had  been  recommended  for  promotion  by  the  selection  board  that  originally  would 
have  considered  the  officer  but  for  the  error.”    The  Chief  Counsel  stated  that  the 
applicant is entitled to relief because he has met the requirements of this statute.   
 
Applicant’s Reply to the Views of the Coast Guard 
 
 
the Coast Guard.  He agreed with the Chief Counsel’s recommendation for relief. 
 

On October 17, 2001, the Board received the applicant’s response to the views of 

FINDINGS AND CONCLUSIONS 

The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 

1.    The  BCMR  has  jurisdiction  of  this  case  pursuant  to  section  1552  of  title  10, 

 
 
applicant's record and submissions, the Coast Guard's submission, and applicable law: 
 
 
United States Code.  The application was timely. 
 
 
2.  Due to an administrative error, the 1999 IDPL CWO3 selection board did not 
consider the applicant’s record. Subsequently, the applicant was selected for promotion 
by the 2000 IDPL CWO3 selection board.  In January 2001, he was promoted to CWO3 
and given the date of rank (June 1, 2000) he would have had if he had been selected by 
the 1999 IDPL CWO3 selection board.  The Coast Guard has conceded that it committed 
an  error  in  this  case,  and  it  has  adjusted  the  applicant’s  date  of  rank,  pursuant  to  14 
U.S.C. § 739(b). 
 
 
3.  Although, the Coast Guard corrected the applicant’s date of rank, it did not 
authorize back pay and allowances.  Therefore, the applicant asked the Board to enter 
an order directing that he receive back pay and allowances as a CWO3 retroactive to 
June  1,  2000,  his  CWO3  date  of  rank.    The  Board  finds  that  pursuant  to  14  U.S.C.  § 
739(b) the applicant is entitled to back pay and allowances.  The Coast Guard concurs in 
this grant of relief. 
 
 
 
 

4.   Accordingly, the applicant’s request for relief should be granted. 

 

 
 

 
 

 
 

ORDER 

 
 

 
 
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his 
military record is granted.  His record shall be corrected to show that he is entitled to 
back pay and allowances as a CWO3 retroactive to June 1, 2000.  Specifically this order 
of back pay and allowances shall include any drills and active duty for training that he 
performed from June 1, 2000.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
Michael K. Nolan 

 
Dorothy J. Ulmer 

 
 

 

 
Kathryn Sinniger 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 



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