DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 
Application for Correction of  
Coast Guard Record of: 
 
 

 
 
BCMR Docket  
No. 2002-136 

 

FINAL DECISION 

This  final  decision  dated  July  24,  2003,  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 July 12, 2002, upon the 
BCMR'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. 
 
 
The  applicant  asked  the  Board  to  correct  his  record  to  show  the  years  from 
September 3, 1987 to September 2, 1988 and September 3, 1988 to September 2, 1989 as 
satisfactory years of federal service for the purpose of earning a Reserve retirement with 
pay at age 60.   (To have a satisfactory year of federal service1 for retirement purposes, a 
reservist  must  earn  50  points2  per  anniversary  year.  3      Fifteen  of  the  50  points  are 
gratuitous,  and  the  reservist  is  required  to  earn  only  35  additional  points  to  have  a 
satisfactory  year  toward  retirement).    As  of  the  date  he  filed  his  application  with  the 
Board, the applicant had 18 years, 3 months, and 14 days of satisfactory federal service.   
 
 
The applicant's anniversary year began on September 3.  For the two anniversary 
years between September 3, 1987 and September 2, 1989, the applicant only earned the 
15 gratuitous points for each year. The applicant alleged that he should be credited with 
satisfactory service (35 points) for the anniversary years ending September 2, 1988 and 
September  2,  1989  because  the  Coast  Guard  misfiled  his  reserve  commission  dated 

                                                 
1 Enclosure (1) to the Reserve Policy and Training Manual stated,  "A year of satisfactory federal service is 
any  anniversary  year  during  which  a  reservist  earned  a  minimum  of  50  retirement  points.    The 
accumulation of 20 years is required for retirement with pay.  
 
2   Retirement point -  "A numerical unit, used to credit an individual for active duty, membership and 
participation in reserve training for use in determining retirement benefits. . . . "  See Reserve Training and 
Policy Manual.   
 
3 Enclosure (1) to the Reserve Policy and Training Manual stated that the anniversary year extends from 
the date of entry or reentry to the day preceding the anniversary of entry.   
 

September 3, 1987 and failed to respond to his letters and phone calls requesting to be 
placed into a selected reserve billet (assignment).   
 
The  applicant  served  on  active  duty  from  May  19,  1982  through  September  2, 
 
1987.  He was commissioned in the Reserve on September 3, 1987.  He stated that prior 
to his discharge from the Coast Guard he had identified a reserve billet and on May 11, 
1987  he  sent  a  letter  to  the  First  Coast  Guard  District  (CCGD  one)  requesting  to  be 
assigned to a Reserve unit and specifically that job.  He stated that he did not receive a 
reply to his letter, a copy of which was submitted with his application.   
 
On January 23, 1988, the applicant sent a letter to the Commandant, complaining 
 
that he had contacted CCGD one on three separate occasions asking for an assignment 
to a Reserve unit but he had received no reply. In that letter, he inquired about whom 
he  needed  to  contact  to  expedite  his  request.    A  copy  of  this  letter  was  also enclosed 
with his BCMR application.   
 
 
On February 16, 1988, the Commandant responded to the applicant's January 23, 
1988  letter.  The Commandant told the applicant that his executed oath of Office had 
been inadvertently filed in his service record without action, for which he offered the 
applicant an apology.  He welcomed the applicant to the Reserve and told the applicant 
that the Commandant would "provide a copy of your letter to CCGD  one (rs) for their 
action  concerning  your  request  for  assignment  to  a  Selective  Reserve  unit.    They  will 
contact  your  directly  regarding  this  matter." 
  The  CCGD  one  forwarded  the 
Commandant's  letter  to  the  applicant  with  an  endorsement,  which  congratulated  the 
applicant on his appointment and wishing him success in the Reserve. 
 
 
According to the applicant, CCGD one did not take any action to assign him to a 
Reserve unit.  He stated that in January 1989 he received a letter from the Commandant, 
endorsed by CCGD one, stating that the applicant had failed to earn the minimum 27 
points  required  to  remain  in  the  Active  Reserve  for  the  anniversary  year  ending 
September 2, 1988.  After receiving this letter, the applicant stated the following: 
 

I  immediately  called  the  District  and  finally  received  instructions  to 
submit an assignment data card.  I did so, and confirmed that it had been 
received.  Again time went on and I was not assigned.  In September 1989 
I received a call from a CDR . .  , who said he saw my name on the ISL 
(inactive  status  list)4  and  asked  me  if  I  wanted  to  be  part  of  his  staff.    I 
wrote another letter to both Commandant and the First District explaining 

                                                 
4 Enclosure (1) to the Reserve Policy and Training Manual Reserve Administration and Training Manual 
stated that members on the ISL may not earn retirement points, compete for promotion, or receive pay.  
The Commandant may transfer officers to the ISL who fail to earn the minimum retirement points for a 
given year. 
 

my attempts to be assigned.  I was then assigned a billet.  Consequently, I 
lost two years of satisfactory service toward my retirement.   

 
The applicant stated that he discovered the alleged error on September 18, 1989.  
 
He stated that the Board should waive the statute of limitations because at that time he 
lacked experience with the Reserve program and he was not aware of any recourse.  He 
stated that he has always been upset by not being assigned to a unit for two years.  He 
stated that he now has 18 years of satisfactory service and was recently not             re-
assigned to a pay billet.  He argued that if he had been properly assigned to a Reserve 
unit  upon  entry  into  the  Reserve  program,  he  would  have  received  the  pay  and  the 
points and would now be eligible to retire with 20 years of satisfactory federal service.     
 
Views of the Coast Guard  
 
On November 26, 2002, the Board received an advisory opinion from the Chief 
 
Counsel of the Coast Guard recommending that the Board deny the applicant's request 
for untimeliness or in the alternative for lack of proof.   
 
 
With  respect  to  untimeliness,  the  Chief  Counsel  stated  that  an  application  for 
correction  of  a  military  record  must  be  filed  within  3  years  after  the  alleged  error  or 
injustice was discovered or should have been discovered, unless the delay is excused in 
the interest of justice.  He stated that the applicant filed his application more than three 
years  after  the  Commandant  informed  him  in  1988  that  his  Oath  of  Office  had  been 
misfiled. The lack of knowledge about the BCMR is not, according to the Chief Counsel, 
a valid basis on which to waive the statute of limitations. 
 
 
The  Chief  Counsel  stated  that  notwithstanding  the  Coast  Guard's  delay  in 
processing  the  applicant's  reserve  application  and  oath  of  office,  the  applicant  is  not 
entitled to a correction of his record to provide point credit for drills that he failed to 
perform.  In this regard the Chief Counsel stated the following: 
 

this 

requirement 

for 

to 

 
(1) 10 U.S.C. 12732(a) requires that a member earn at least 50 points 
during  a  one-year  period  to  establish  entitlement  to  retired  pay.    The 
applicant earned only 15 points during each of these two years rather than 
the  50  that  are  statutorily  required.    The  statute  does  not  provide  an 
exception 
or 
misunderstanding.    The member shall earn the required number of drill 
points during the anniversary year to receive retirement eligibility credit 
by earning "one point for each attendance at a drill or period of equivalent 
instruction  that  was  prescribed  for  that  year  by  the  Secretary  concerned 
and conformed to the requirements prescribed by law . . .  
 
 
(2)  The applicant cannot be credited for duties he did not perform 
in order to attain satisfactory federal service for retirement.  Although the 

administrative 

error 

applicant was not actively drilling, he was not precluded from obtaining 
the points needed in order to receive a satisfactory year, i.e. fifty points.  
Applicant  could  have  earned  credit  (points)  during  these  anniversary 
years through completion of correspondence courses or funeral duty . . .   
 
 
(3)  10 U.S.C. 12732(a) does not provide the Coast Guard any fiscal 
law authority to credit the Applicant with reserve duty points entitling the 
applicant to retired pay and benefits when the  applicant did not serve the 
time required to earn the drill point credits.   

   
Applicant's Response to the Views of the Coast Guard 
 
 
On  February  25,  2003,  the  applicant  submitted  a  response  to  the  views  of  the 
Coast  Guard,  disagreeing  with  them.    He  stated  that  contrary  to  the  Chief  Counsel's 
comment, there was more than a five-month delay in processing his transition into the 
Reserve.  He stated that the delay in his assignment to the Reserve continued beyond 
the date of the letter from the Commandant dated February 1988.  The applicant stated 
that  he  tried  to  rectify  this  situation  by  writing  and  calling  CCGD  one,  to  which  he 
received no reply.  He further stated the following: 
 

There was no assignment letter from [CCGD one] to the IRR5.  There was 
no  correspondence  from  them  about  contacts,  the  reserve  system, 
opportunity  for  drilling,  or  how  the  whole  point  system  and  reserve 
program  worked.    Where  and  who  did  I contact for the correspondence 
courses that were available for me to gain enough points for satisfactory 
service  as  the  Coast  Guard's  advisory  opinion  states? 
  The  next 
correspondence that I received from anyone after "welcome to the Coast 
Guard Reserve" was a letter endorsed by the same First District Office on 
13  January  1989,  saying  that  I  have  failed  to  attain  the  required 
participation standards for my annual year ending in September of 1988.  
This is now a year period, not five months as the Coast Guard has stated. 
 
After receipt of the next letter I called First District and was told to send 
them  an  assignment  data  card.    The  evidence  that  I  did  so  was  that  I 
eventually  was  assigned.    However,  the  time  frame  for  someone  to  call 
me,  . . . and ask if I wanted to get out of the ISL and into a billet, was not 
until September of 1989.  This is a two-year period.  The letter that got me 
out  of  the  ISL  and  into  a  billet  was  dated  18  September  1989 and was a 
part of my package sent to the Board.   

 
                                                 
5 Article 1-A-1-b provides that members of the IRR (individual Ready Reserve) are unpaid reservists who 
have  no  obligation  to  participate  in  the  Selected  Reserve.    They  may  earn  points  toward  retirement 
through  correspondence  courses  or  funeral  duty.    They  are  obligated  to  keep  the  District  Commander 
advised of their current address and to respond to official correspondence.   

The  applicant  reiterated  that  he  had  no  knowledge  of  the  BCMR  process  and 

 
received no formal training on the reserve program until he was assigned to a unit.   
 

FINDINGS AND CONCLUSIONS 

1.  The Board has jurisdiction concerning this matter pursuant to section 1552 of 

 
 
The  Board  makes  the  following  findings  of  fact  and  conclusions  of  law  on  the 
basis  of  the  applicant's  record  and  submissions,  the  Coast  Guard's  submission,  and 
applicable law: 
 
 
title 10, United States Code.  
 
 
2.  The application was not timely.   To be timely, an application for correction of 
a military record must be submitted within three years after the applicant discovered or 
should have discovered the alleged error or injustice.  See 33 CFR 52.22.  
 
 
3.  The Board may still consider the application on the merits, however, if it finds 
it is in the interest of justice to do so.  The interest of justice is determined by taking into 
consideration the reasons for and the length of the delay and the likelihood of success 
on the merits of the claim. See, Dickson v. Secretary of Defense, 68 F. 3rd 1396 (D.D.C. 
1995). 
 
4.  The applicant stated that he discovered the error or injustice in 1989, but due 
to lack a of experience with the reserve program he was not aware of any recourse.  This 
Board  has  held  consistently  that  a  lack  of  knowledge  about  the  BCMR  itself  is  an 
insufficient ground on which to waive the statute of limitations.  In addition, even if the 
applicant  was  not  initially  aware  of  the  Board  or  the  regulations  pertaining  to  the 
Reserve program, he had three years after discovery of the error to file an application 
with the Board.  However, he took no action to correct the matter until after the recent 
loss of his Reserve pay billet, which was approximately 14 years after he became aware 
of the alleged error and/or injustice.  
 
 
5. The Board further finds that it is not likely that the applicant would prevail on 
the merits of this claim, even if the Board were to waive the statute of limitations.  The 
applicant  earned  no  points  for  the  two-year  period  from  September  3,  1987  to 
September 2, 1989, except for the 15 gratuitous points awarded to each member in the 
Ready Reserve.  His military record reflects this fact.  Although he earned no additional 
retirement points, he has asked the Board to grant such points because the Coast Guard 
failed initially to assign him to a unit.  The applicant has not shown, other than making 
infrequent inquiries about an assignment to a Reserve unit, that he diligently sought out 
the other avenues available for earning retirement points.  The applicant knew that he 
had been commissioned into the Reserve on September 3, 1987 and must have known 
that he was required to do something for those years to count toward retirement from 
the  Reserve.    He  has  not  shown  that  he  acted  diligently  in  seeking  other  available 

avenues  for  earning  the  necessary  50  points  for  the  years  from  September  3,  1987  to 
September 2, 1989. 
 
6.  Moreover, the applicant can still earn the 50 points per year for the next two 
 
years, through correspondence courses or by drilling with a unit in a non-pay capacity, 
to  earn  the  20  years  of  satisfactory  federal  service  necessary  to  qualify  for  a  Reserve 
retirement.  While the Coast Guard may have acted slowly in assigning the applicant to 
a unit, that failure is not so egregious as to require the Board to award the applicant 50 
points  for  each  of  his  first  two  anniversary  years  in  the  Reserve,  making  them 
satisfactory for retirement purposes, when he in fact earned no points.  Nor is the Board 
aware of any regulation that requires the Coast Guard to act within a certain amount of 
time in making Reserve assignments. 
 
 
7.  Based on the length of the delay, the lack of persuasive reasons for not acting 
sooner to correct his record, and the probable lack of success on the merits of his claim, 
the  Board  finds  it  is  not  in  the  interest  of  justice  to  waive  the  three-year  statute  of 
limitations in this case. 
 

The application of xxxxxxxxx, USCGR, for the correction of his military record is 

ORDER 

 

 
 
 

 
 
denied.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 

 
 
 

 
 

 
 

 

  
 
 

 
 

 
 

 

 
 
 

 
 

 
 

 

 
 
 

 
 

 
 

 

 

 

 

 

 

 

 

 
 Julia Andrews 

 

 

 

 
 Nancy Lynn Friedman 

 

 

 

 
 George J. Jordan