DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 
Application for Correction of  
Coast Guard Record of: 
 
 
XXXXXXXXXXXXXXXXXX 
XXXXXXXXXXXXXXXXXX 
    

 
 
 
BCMR Docket  
No.  2002-153 
 

  FINAL DECISION 

This  final  decision,  dated  May  22,  2003  is  signed  by  the  three  duly  appointed 

 
ULMER, Chair: 
 
 
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 August 2, 2002, 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 asked the Board to adjust his lieutenant commander (LCDR) date 
of  rank  from  September  1,  2002  to  June  1,  2001  with  back  pay  and  allowances.  
Subsequently, he amended his application requesting an adjustment to his date of rank 
from September 1, 2002, to July 1, 2002, with back pay and allowances.  
 
 
The applicant alleged that he was not considered for promotion by the calendar 
year  (CY)  2001  LCDR  selection  board  because  the  Coast  Guard  failed  to  submit  his 
military record to the selection board.   
 

Two years earlier in 1999, the applicant had been selected for promotion to LCDR 
by the 1999 selection board.  However, the applicant declined the promotion, when it 
was offered to him in June 2001.  He stated "I declined promotion   . . . as a result of the 
uncertainty  of  the  HU-25  Falcon  Jet  program  at  Coast  Guard  Air  Station  .  .  .  &  my 
unwillingness to accept additional obligated service due to the promotion."  He further 
stated as follows: 
 

My scheduled retirement date was 1 Nov 2002, but with terminal leave I was 
planning on separating on or about 1 July 2002.  I received a call from OPM-1, 
the office of officer promotions, in September 2001 to let me know that an error 
had  occurred.    I  was  not  included  in  the  next  promotion  board  for  selection 
again to LCDR.  They advised me that I would be looked at for promotion in 

August  2002  &  that  I  should  submit  the  paperwork  for  a  BCMR  to  get  my 
original date of rank & back pay as if I would have promoted off of the August 
2001 promotion board that I missed.   

 
After filing his application for correction of his record, the applicant notified the 
 
Board that the Coast Guard promoted him to LCDR on September 1, 2002.   He was told 
to amend his BCMR application to request a date of rank adjustment retroactive to July 
1, 2002, which he did.   
 
Views of the Coast Guard  
 
On November 29, 2002, the Board received an advisory opinion from the Chief 
 
Counsel  of  the  Coast  Guard.    He  adopted  the  comments  of  the  Commander,  Coast 
Guard  Personnel  Command  (CGPC),  which  are  attached  as  Enclosure  (1)  to  the 
advisory opinion. 
 
 
CGPC concluded that the applicant "has basis to request that his date of rank be 
changed, to receive back pay and allowances from [September 1, 2002 to July 1, 2002]."  
He offered the following chronology of events: 
 

Applicant was originally selected for promotion to [LCDR] by the [1999] 
board.    Accordingly,  he  was  scheduled  to  promote  on  June  1,  2001.    At 
that time he declined promotion. 
 
Applicant's  promotion  status  should  have  changed  from  "Selected"  to 
"non-Selected"  once  he  declined  promotion.    He  was  then  eligible  to  be 
seen by the next promotion board as an above zone officer. 
 
The  [2001  LCDR]  selection  board  convened  on  August  20,  2001.    This 
selection  board  should  have  considered  him.    Due  to  an  administrative 
error  within  Coast  Guard  Personnel  Command,  Officer  Personnel 
Management,  his  new  status  was  not  effected  until  after  [the  selection 
board  adjourned].    As  a  result,  the  [2001  LCDR  selection board] did not 
see [the applicant's record]. 
 
…. Had the [2001 LCDR selection board] chosen the applicant, he would 
have been promoted on July 1, 2002.   
 
Applicant was promoted to [LCDR] on September 1, 2002.1 

                                                 
1    The  Chair  had  several  conversations  with  Coast  Guard  personnel  about  the  applicant's 
promotion to LCDR.  The Chair was informed that when the applicant declined his promotion 
in  June  2001,  his  name  should  have  been  removed  from  the  promotion  list  and  his  record 
placed  before  the  next  LCDR  selection  board  as  an  above  zone  officer.  However,  the  Coast 
Guard neither removed his name from the promotion list nor placed his record before the 2001 
selection board.  After discovering that it had committed an administrative error by not placing 
the applicant's record before the 2001 LCDR selection board, the Coast Guard determined that 

 
Applicant’s Reply to the Views of the Coast Guard 
 
 
On December 11, 2002, the Board received the applicant’s response to the views 
of the Coast Guard.  The applicant agreed with the Chief Counsel’s recommendation for 
relief. 
 

FINDINGS AND CONCLUSIONS 

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

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

 
 
applicant's record and submissions, the Coast Guard's submission, and applicable law: 
 
 
section 425 of title 14 of the United States Code.  The application was timely. 
 
 
2. The applicant was promoted to LCDR on September 1, 2002.  The Board has 
some  concerns  about  the  manner  in  which  this  applicant  was  promoted,  particularly 
with  promoting  him  without  selection  by  a  subsequent  LCDR  selection  after  he 
declined an offer of promotion in June 2001. However that issue is not before this Board, 
as the applicant has already been promoted, and we do not address it. 
 

3. On the matter of adjusting the applicant's LCDR date of rank, the Board finds 
that he is entitled to relief.   The Coast Guard concedes it committed an administrative 
error  by  not  placing  the  applicant's  military  record  before  the  2001  LCDR  selection 
board. The Coast Guard stated that if the CY 2001 LCDR selection board had considered 
and  selected  the  applicant  for  promotion  to  LCDR,  he  would  have  been  promoted to 
that grade on July 1, 2002.   The Board has no basis to conclude that the applicant's date 
of rank, if considered and selected by the CY 2001, would have been otherwise.   
 
 
4.  Relying on the Coast Guard to have properly promoted this applicant and in 
an effort to cure the administrative error suffered by the applicant, the Board will direct 
that his LCDR date of rank be adjusted to July 1, 2002, as recommended by the Coast 
Guard. 
 
 
 
 

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

                                                                                                                                                             
it could correct the administrative error by promoting the applicant without further selection 
board  consideration  because  his  name  had  never  been  removed  from  the  promotion list as a 
result  of  his  1999  selection,  even  though  he  declined  that  promotion.    The  Coast  Guard 
promoted  the  applicant  on  September  1,  2002.    Accordingly,  the  Coast  Guard  recommended 
that this Board correct the applicant's record to give him a July 1, 2002 date of rank, as if he had 
been selected by the 2001 LCDR selection board.   

 

ORDER 

 
 
The application of XXXXXXXXXXXXXXXXX USCG, for correction of his military 
record is granted.  His record shall be corrected to show that he was promoted to LCDR 
on July 1, 2002 rather than September 1, 2002, with back pay and allowances. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 Francis H. Esposito 

 
 Julia Andrews 

 

 
 
 Margot Bester