Search Decisions

Decision Text

CG | BCMR | Other Cases | 2002-096
Original file (2002-096.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                     BCMR Docket No. 2002-096 
 
XXXXXX, XXXXXX X. 
XXX XX XXXX, XXX 
   

 

 

 
 

FINAL DECISION 

 
 
 
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  7,  2002,  upon  the 
BCMR’s receipt of the applicant’s request for correction. 
 
 
members who were designated to serve as the Board in this case. 

This final decision, dated March 26, 2003 is signed by the three duly appointed 

 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant  asked  the  Board  to  correct  his  record  to  show  that  his  pay  base 
date is June 15, 19XX, rather than July 31, 19XX, the date he entered active duty.  He 
alleged that because he signed his oath of office on June 15, 19XX, the July 31, 19XX pay 
base date is incorrect.  He alleged that because of this error, the timing of his pay raises 
for  longevity  purposes  will  be  adversely  affected.    In  support  of  his  application,  he 
submitted a copy of his oath of office, which shows June 15, 19XX as the date on which 
he received a commission in the rank of ensign. 
 

SUMMARY OF THE APPLICANT’S RECORD 

 

On June 15, 19XX, the applicant signed an Acceptance and Oath of Office for an 
appointment  as  an  ensign 
in  the  Coast  Guard  Reserve  through  the  Direct 
Commissioned  Officer  (DCO)  program.    The  form  indicates  that  June  15,  19XX  is  his 
date of rank (DOR).   

 

Final Decision in BCMR Docket No. 2002-096                                                               p. 2  

On  July  31,  19XX,  the  applicant  entered  active  duty. 

  By  an  apparent 
administrative error, the applicant’s pay base date was established as July 31, 19XX.  On 
August 1, 19XX, the applicant agreed to extend his active duty for three years through 
July  31,  20XX.    To  date,  the  applicant  continues  to  serve  on  active  duty  in  the  Coast 
Guard. 
 

VIEWS OF THE COAST GUARD 

 

 
On  October  8,  2002,  the  Chief  Counsel  of  the  Coast  Guard  submitted  its 
comments to the Board.  In adopting the analysis of Coast Guard Personnel Command 
(CGPC) as its advisory opinion, the Chief Counsel recommended that the Board grant 
the applicant’s request for relief. 
 
The  Chief  Counsel  stated  that  the  applicant’s  correct  pay  base  date  is  June  15, 
 
19XX, the date he was sworn into the Coast Guard and signed his oath of office.  He 
also stated that the applicant’s correct active duty base date is July 31, 19XX, the date he 
signed his active duty agreement.   
 

The Chief Counsel stated that typically, a DCO is issued his or her “oath of office 
with instructions to execute [it] prior to coming on active duty so that [he or she has] 
military  status  and  can  travel  to  their  first  duty  stations  on  orders.”    He  stated  that 
consequently, most DCOs have dates of commission earlier than their active duty base 
dates.  In this case, he stated that similarly,  the applicant  signed his oath of office on 
June 15, 19XX and reported to the XXXXXX XXXXXX on July 31, 19XX to begin active 
duty. 

 
The Chief Counsel stated that officer promotions, and associated pay raises, are 
based on the commissioning date established in the Register of Officers, while biennial 
pay raises are based on the officer’s pay base date.  He stated that based on the pay base 
date of June 15, 19XX, the applicant’s record supports his allegation of error and should 
be corrected. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On October 15, 2002, the Chair sent a copy of the views of the Coast Guard to the 
applicant  and  invited  him  to  respond  within  15  days.    The  Board  did  not  receive  a 
response. 
 

 
Reserve Policy Manual (RPM) (COMDTINST M1001.28) 
 

APPLICABLE LAW 

Final Decision in BCMR Docket No. 2002-096                                                               p. 3  

Pursuant to the authority contained in 14 U.S.C. § 736 (c), Article 7.A.2.b. of the 
RPM  provides  that  a  Reserve  officer’s  “[p]ay  allowances  begin  on  the  date  of 
appointment in the grade to which an officer has been appointed.…”  
 

FINDINGS AND CONCLUSIONS 

1. 

2. 

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: 
 
 
§ 1552.  The application was timely. 
 
The  applicant  requested  that  his  pay  base  date  be  changed  to  June  15, 
 
19XX, instead of July 31, 19XX.  Under Article 7.A.2.b. of the RPM, his pay allowances 
were to begin on June 15, 19XX, the date of his appointment to ensign.  Therefore, the 
Board finds that the computation of his pay base date should be the date on which he 
was appointed to the grade of ensign.   
 
 
The applicant has proved by a preponderance of the evidence that his pay 
base date is erroneous and should be changed.  He submitted evidence that he signed 
his  Acceptance  of  Oath  of  Office  for  appointment  in  the  grade  of  ensign  on  June  15, 
19XX.    The  Chief  Counsel  agreed  that  the  Coast  Guard  committed  an  error  when  it 
established  the  applicant’s  pay  base  date  as  July  31,  19XX.    The  Chief  Counsel  stated 
that the applicant’s pay base date should reflect June 15, 19XX, the date the applicant 
signed his oath of office, rather than July 31, 19XX.   
 
 
 
 

3. 

4. 

Accordingly, the applicant’s request should be granted. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

Final Decision in BCMR Docket No. 2002-096                                                               p. 4  

ORDER 

The application of XXX XXXXXX X. XXXXXXX, XXX XX XXXX, USCGR, for the 

His  record  shall  be  corrected  to  show  that  his  pay  base  date  in  the  grade  of 

The  Coast  Guard  shall  pay  him  any  sum  he  may  be  due  as  a  result  of  this 

 

 
 Julia Andrews 

 

 
 

 
 

 
 

 
 
correction of his military record is granted as follows:   
 
 
ensign is June 15, 19XX.   
 
 
correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 Dorothy J. Ulmer 

 

 
 

 
 

 
 

 

 
 Felisa C. Garmon 

 

 

 

 

 

 

 

 

 

 



Similar Decisions

  • CG | BCMR | Disability Cases | 2003-022

    Original file (2003-022.pdf) Auto-classification: Denied

    CGPC argued that the applicant did not meet the requirements of this section of the law because he was not in the SELRES at the time of the request and significant important medical evidence is dated after the applicant became a member of the IRR on June 1, 19xx. It provided the following (a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of...

  • CG | BCMR | Other Cases | 2002-057

    Original file (2002-057.pdf) Auto-classification: Denied

    This final decision, dated December 31, 2002, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to order the Coast Guard to pay him severance pay for the time he served as a commissioned officer. of the Personnel Manual provides for separation by revoking the commissions of Coast Guard officers, who like the applicant have less than three years of commissioned service. There is no SPD code for officers, like the applicant, whose commissions are...

  • CG | BCMR | Advancement and Promotion | 2002-123

    Original file (2002-123.pdf) Auto-classification: Denied

    He alleged that had his active duty base date been correct at the time of the May 19xx SWE, he would have been advanced from the promotion list in 19xx. Consequently, he argued, there is no evidence in the record that the Coast Guard had any prior knowledge of the applicant’s active duty service in the Air Force Reserve until the applicant’s letter to HRSIC in July 20xx. The record shows that the Air Force Reserve, in responding to the Coast Guard’s Request for Statement of Service, failed...

  • CG | BCMR | Advancement and Promotion | 2002-012

    Original file (2002-012.pdf) Auto-classification: Denied

    The applicant alleged that when he was selected for an appointment as a lieutenant, through the Coast Guard’s law specialist program, the Coast Guard failed to provide him with three years’ constructive credit. He contended, rather, that the applicant was recruited “through a lateral entry program (DCL), to transfer from his reserve status as a lieutenant who performed general duties to an active duty status as a lieutenant who was designated a law specialist.” The Chief Counsel further...

  • CG | BCMR | OER and or Failure of Selection | 1999-160

    Original file (1999-160.pdf) Auto-classification: Denied

    Instead, he argued, the BCMR should require the Coast Guard to prove that the selection boards acted fairly in denying him promotion. 1994 Selection Board Documents On xxxx, 1994, the Commander of the Military Personnel Command (MPC) issued the precept for the 1994 (promotion year 1995) xxx selection board. The Coast Guard is last of 5 [military] services in percentage of minority officers and next to last for women.

  • CG | BCMR | Other Cases | 2003-005

    Original file (2003-005.pdf) Auto-classification: Denied

    He alleged that, because he was long divorced by 1999, and his only child was just xxxxxxxx years old, he would have selected survivor benefits for his daughter at the earliest permissible date had he known about the open enrollment period. On XXXXX 31, 19xx, the applicant (who at the time was not married and had no children) completed an SBP election certificate, wherein he chose “option A,” electing no SBP coverage but remaining eligible to elect coverage at age 60. The record does not...

  • CG | BCMR | Other Cases | 2002-040

    Original file (2002-040.pdf) Auto-classification: Denied

    2002-040 DECISION OF THE DEPUTY GENERAL COUNSEL ACTING UNDER DELEGATED AUTHORITY The Final Decision of the Board for Correction of Military Records (the Board) accurately summarizes the Applicant’s Request for Relief, the Summary of the Record, the Applicant’s Allegations, the Views of the Coast Guard, Applicant’s Response to the Views of the Coast Guard, and the Applicable Law. In fact, and contrary to the advice provided by the OCS yeomen, the applicant did not have over four years of...

  • CG | BCMR | Disability Cases | 1996-063

    Original file (1996-063.pdf) Auto-classification: Denied

    Finally, the applicant asked the Board to order the Coast Guard to appoint him counsel from the Coast Guard Physical Disability Evaluation Board to repre- sent him in this matter. The applicant submitted four affidavits of Coast Guard officers and copies VIEWS OF THE COAST GUARD Advisory Opinion of the Chief Counsel On June 6, 1997, the Chief Counsel of the Coast Guard recommended that the Board deny the applicant the requested relief. It also states that members such as the applicant, who...

  • CG | BCMR | SRBs | 2002-114

    Original file (2002-114.pdf) Auto-classification: Denied

    He alleged that pursuant to Coast Guard regulations, his command should have counseled him that he could receive a Zone B SRB under ALCOAST 127/01 by reenlisting during the three months prior to January 22, 20xx, his sixth active duty anniversary. The CWO wrote that if the applicant had been aware that he could have reenlisted three months prior to his six-year anniversary, “he would receive an SRB payment, regardless of his selection to [xxxxxx xxxxxx].” The applicant also submitted a...

  • CG | BCMR | OER and or Failure of Selection | 1999-083

    Original file (1999-083.pdf) Auto-classification: Denied

    Therefore, on January 12, 2000, the Board asked the Coast Guard to provide, if possible, (1) written confirmation by one or more members of the selection board that the applicant’s failure of selection was not due to an administrative oversight and (2) certain statistical information concerning the records of officers near the cut-off point on the selection list. of the Personnel Manual prescribes: “Except for its Report of the Board, the board members shall not disclose proceedings or...