DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2007-220 
 
xxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxx 

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.  The Chair docketed the case on September 26, 2007, upon 
receipt of the applicant’s completed application, and assigned it to staff member J. Andrews to 
prepare the decision for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  June  12,  2008,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  a  chief  health  services  specialist  who  was  medically  retired  from  the 
Reserve on April 5, 1997, with a 30% disability rating for post-traumatic stress disorder (PTSD), 
asked the Board to correct her time in service, awards, and Reserve drill points for her inactive 
duty training (IDT (paid drills)), active duty training (ADT), special active duty training (SADT), 
unpaid drills, and appropriate duty.  She alleged that a Computation of Retirement Point Credits 
(CRPC) prepared by the Coast Guard on July 11, 2007,1 is incorrect in that it is missing  
 

(a)    12  days  of  ADT  from  the  computation  of  her participation during her anniversary 
year extending from February 28, 1984, to February 27, 1985 (AY 1985);  
(b)  12 days of ADT and an unstated amount of IDT from AY 1987; 
(c)  11 days of ADT from AY 1996; and 
(d)  an unstated amount of IDT, ADT, and appropriate duty from AY 1997. 

 
 
The 2007 CRPC shows that the applicant performed exactly 4 years of active duty from 
February 28, 1977, to February 27, 1981, when she was released into the Reserve.  Therefore, she 
needed 16 satisfactory years of Reserve service (earning a minimum of 50 total points each year) 
                                                 
1  The  applicant’s  CRPC  was  originally  prepared  in  1997.    The  2007  CRPC  was  prepared  in  response  to  the 
applicant’s first BCMR application, Docket. No. 2007-126, which was administratively closed after the PSC issued 
the new CRPC based upon the documentation of points included with her first application.  The applicant objected to 
the administrative closure of the case, alleging new errors in the CRPC and submitting new evidence.  In response to 
the Chair’s advice, she submitted this second application. 

to earn a Reserve retirement.2  The 2007 CRPC shows that as a reservist from February 28, 1981, 
until her retirement on April 5, 1997, the applicant received the following points, computing to 
15 years of satisfactory service for retirement purposes, before she was medically retired: 
 

Subtotal  Adjusted 
Totalc 

Funeral 

Duty 

ADTd 

Total 
Points 

Corresp. 
Coursesa 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Drill Duty 

(IDT) 
46 

Member-
shipb 
15 

46 

49 

48 

49 

8 

50 

94 

53 

40 

46 

50 

50 

48 

50 

36 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

AY 

1982 

1983 

1984 

1985 

1986 

1987 

1988 

1989 

1990 

1991 

1992 

1993 

1994 

1995 

1996 

1997 
1998e 

61 

61 

64 

63 

64 

23 

65 

109 

68 

55 

61 

65 

65 

63 

65 

51 

60 

60 

60 

60 

60 

23 

60 

60 

60 

55 

60 

60 

60 

60 

60 

51 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13 

13 

101 

 

43 

 

 

12 

14 

 

11 

13 

12 

 

56 

15 

73 
73 
161 
60 
103 
23 
60 
72 
74 
55 
71 
73 
72 
60 
116 
66 
2 

 

 

2 

2 

2 

 

 

a Reservists may earn participation points by taking correspondence courses. 
b Reservists automatically receive 15 points per anniversary year by virtue of membership alone, regardless of their 
actual participation.  
c Reservists could not receive more than 60 points for correspondence courses, IDT drills, and membership during 
an anniversary year.  Therefore, subtotals above 60 were adjusted to 60. 
d Reservists must perform at least 12 days of ADT each anniversary year to remain in an active status.  Extra days of 
ADT performed during one anniversary may be attributed to the prior or subsequent year to fulfill the annual training 
requirement,  but  the points earned for ADT may only be attributed to the anniversary year in which the ADT was 
actually performed. 
e Because the applicant was medically retired on April 5, 1997, her AY 1998 was a partial anniversary year, running 
from February 28 through April 4, 1997, and her membership points were pro-rated. 
 
 
Because the 2007 CRPC shows that the applicant served 4 years on active duty and per-
formed 15 years of satisfactory service as a reservist, the Coast Guard credits her with just 19 
years of satisfactory service toward a Reserve retirement.  In support of her allegations of error in 
these computations, the applicant submitted the following documents: 
                                                 
2 Reservists are required to earn at least 50 participation points in each “anniversary year” of their service for that 
year to count as a satisfactory year for retirement purposes.  10 U.S.C. § 12732.  Under 10 U.S.C. § 1414, which was 
enacted in 2001, veterans with at least 20 satisfactory years of service and disability ratings from the DVA of at least 
50% may receive concurrent retired and disability pay (CRDP).  Prior to the enactment of § 1414, veterans could not 
receive full retirement pay and disability pay simultaneously. 

•  Endorsed orders show that the applicant performed 12 days of ADT from May 16 to 27, 
1983, with the notation “A/Y:  2/28/84.”3 

•  Endorsed  orders  show  that  she  performed  12  days  of  ADT  from  July  22  to  August  2, 
1985, with the notation “A/Y:  2/28/86.”4 
•  A Leave and Earning Statement (LES) for pay period February 19865 shows that she had 
thus far been paid for 21 drills during fiscal year (FY) 1986. 
•  Signed  certifications  show  that  she  performed  24  multiple  IDT  drills6  from  March  1 
through December 7, 1986. 
•  A Leave and Earnings Statement for pay period June 1995 shows that she was paid for 12 
days of ADT from June 19 to 30, 1995. 
•  A Leave and Earnings Statement for pay period September 1996 shows that she was paid 
for 15 days of ADT from September 16 to 30, 1996, and that she had been paid for 46 IDT 
drills performed throughout FY 1996. 
•  A Leave and Earnings Statement for pay period November 1996 shows that she was paid 
for 10 days of “appropriate duty”7 from October 1 to 10, 1996.  Travel orders show that the 
applicant had been transported to a Naval Hospital on October 1, 1996, and that “0” days of 
appropriate duty were to satisfy her ADT requirement for AY 1997. 

 

 

 

 

The applicant alleged that because of her PTSD,8 she did not discover the errors in her 
record until September 2006 because she found reviewing her Coast Guard records to be too dis-
tressing.  Therefore, she asked the Board to waive the three-year statute of limitations. 
 

 

VIEWS OF THE COAST GUARD 

On February 27, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted 
an  advisory  opinion  and  recommended  that  the  Board  deny  any  relief  beyond  that  which  has 
already been provided by the Coast Guard Personnel Command (CGPC).  The JAG adopted the 
findings and analysis of the case provided in a memorandum by CGPC.   
                                                 
3 A Retirement Points Statement in the applicant’s record for AY 1984 shows that she was credited with 13 days of 
ADT in May 1983; 30 days in June 1983; 31 days in July 1983; 20 days in August 1983, and 7 days in September 
1983, which together total the 101 days shown on her CRPC. 
4 A Retirement Points Statement in the applicant’s record for AY 1986 shows that she was credited with 10 days of 
ADT in July 1985, 7 days in August 1985, and 26 days in September 1985, which together total the 43 days shown 
on her CRPC. 
5 The applicant’s Retirement Points Statement for AY 1986 shows that she earned 8 IDT points in November 1985, 5 
in December 1985, 4 in January 1986, and 4 in February 1986. 
6 Under Chapter 2-C-4.a.(1) of the Reserve Administration and Training Manual (RATMAN) in effect in 1987, a 
“multiple drill” lasted at least 8 hours and earned the reservist 2 drill points.  A “single drill” lasted at least 3 hours 
and earned 1 drill point. 
7 Under Chapter 2-C-4.a.(2) of the RATMAN, a day of “appropriate duty” earned the reservist 1 drill point. 
8 The applicant’s medical board reported that “the evaluee was well until 22 SEP 96 when she was seen at the Naval 
Base in Turkey for sudden onset of tearfulness and inability to communicate and requested psychological treatment.  
She was called to active duty in September 1996.  Prior to deployment to Turkey for combat, she was berthed in the 
same barracks in RTC Yorktown where she was raped multiple times in 1978.  She experienced nightmares of the 
rape and became hypervigilant.  When she arrived in Turkey and the combat exercises began, the explosives, live 
rounds, and maneuvers caused her to have increased traumatic flashbacks.”  Another medical record states that she 
never reported the rapes until 1996 “but described symptoms of post-traumatic stress disorder since that time.” 

 
CGPC  noted  that,  with  respect  to  the  applicant’s  retirement  points  in  the  1980s,  “the 
Coast Guard is limited to a review of the contents of her paper record and any supporting docu-
mentation presented by the applicant as historical data for Reserve points computation was not 
maintained  in  electronic  databases.”  CGPC  stated  that  after  reviewing  the  evidence  submitted 
with the application, the Personnel Services Center (PSC) has prepared a corrected CRPC and 
sent a copy to the applicant.  PSC’s review “concluded that the applicant has substantiated 48 
vice 8 IDT drill points during the anniversary year of February 28, 1986, through February 27, 
1987.”  Therefore, the applicant is now credited with 20 satisfactory years of service toward a 
Reserve retirement.  CGPC stated that other points claimed by the applicant are already reflected 
in her CRPC and that points can only be credited to the anniversary years in which the duty was 
performed.  CGPC stated that the applicant’s retirement point statements are presumptively cor-
rect and that the “Coast Guard has no way of ascertaining that the periods of duty the applicant 
claims  were  not  included  in  the  computations  recorded  on  [the  July  11,  2007,  CRPC].”    The 
revised CRPC issued on February 12, 2008, shows the corrections shaded below: 
 

Subtotal  Adjusted 

Total 
60 

Funeral 

Duty 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ADT 

13 

13 

101 

 

43 

 

 

12 

14 

 

11 

13 

12 

 

56 

15 

 

Total 
Points 

73 
73 
161 
60 
103 
60 
60 
72 
74 
55 
71 
73 
72 
60 
116 
76 
2 

60 

60 

60 

60 

60 

60 

60 

60 

55 

60 

60 

60 

60 

60 

51 

2 

AY 

1982 

1983 

1984 

1985 

1986 

1987 

1988 

1989 

1990 

1991 

1992 

1993 

1994 

1995 

1996 

1997 

1998 
 

Corresp. 
Courses 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Drill Duty 

(IDT) 
46 

Member-

ship 
15 

46 

49 

48 

49 

48 

50 

94 

53 

40 

46 

50 

50 

48 

50 

46 

 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

15 

2 

61 

61 

64 

63 

64 

63 

65 

109 

68 

55 

61 

65 

65 

63 

65 

51 

2 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
and invited her to respond within 30 days.  No response was received. 

On February 29, 2008, the Chair sent the applicant a copy of the JAG’s advisory opinion 

 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions on the basis of the applicant's 

 
 
military record and submissions, the Coast Guard's submissions, and applicable law: 
 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.   

An application to the Board must be filed within three years after the applicant 
discovers the alleged error in her record. 10 U.S.C. § 1552.  The applicant knew or should have 
known  that  she  had  not  been  credited  with  at  least  50  retirement  points  in AY  1987  in  1987.  
Therefore, her application was untimely. 

1. 
 
2. 

 
3. 

 
4. 

 
6. 

Pursuant  to  10  U.S.C.  §  1552(b),  the Board may excuse the untimeliness of an 
application if it is in the interest of justice to do so.  In Allen v. Card, 799 F. Supp. 158, 164 
(D.D.C. 1992), the court stated that to determine whether the interest of justice supports a waiver 
of the statute of limitations, the Board “should analyze both the reasons for the delay and the 
potential merits of the claim based on a cursory review.”  The court further instructed that “the 
longer the delay has been and the weaker the reasons are for the delay, the more compelling the 
merits would need to be to justify a full review.”9     

 
Regarding her delay in seeking correction of her record, the applicant alleged that 
she  was  unable  to  review  her  Coast  Guard  records  prior  to  2006  because  of  her  PTSD.    The 
report  of  her  medical  board  indicated  that  she  was  well  from  1987  until 1996, when she first 
reported her symptoms, but another medical record indicates that she had suffered symptoms of 
PTSD since 1978.  The Board notes that the applicant ably served as a chief health services spe-
cialist for many years after 1987 and prior to her diagnosis in 1996 and is not persuaded that her 
PTSD prevented her from seeking correction of her retirement points during that time. 
 
 
Regarding the merits of the case, the Board notes that the Coast Guard has already 
found and fixed significant errors in the 2007 CRPC.  Given the errors thus far discovered, the 
Board finds that it is in the interest of justice to waive the statute of limitations and to review the 
remainder of  the alleged errors to determine if the applicant has proved that she is entitled to 
more retirement points. 

5. 

By issuing the newest CRPC on February 12, 2008, the Coast Guard has corrected 
the applicant’s point totals for AY 1987 and AY 1997.  The correction of her IDT points for AY 
1987 from 8 to 48 was presumably based upon her submission of signed certifications showing 
that she performed 24 multiple IDT drills, which would earn her 48 total IDT points, from March 
1  through  December  7,  1986.    She  has  not  shown  that  the  8  IDT  points  with  which  she  was 
already credited on her prior CRPC were not included among the 48 documented on the certifi-
cations.  The correction of her IDT points for AY 1997 from 36 to 46 was presumably based 
upon her LES for pay period September 1996 showing that she had been paid for 46 IDT drills 
performed throughout FY 1996 (although her anniversary year clearly did not correspond to the 

                                                 
9 Allen v. Card, 799 F. Supp. 158, 164-5 (D.D.C. 1992).  See also Dickson v. Secretary of Defense, 68 F.3d 1396 
(D.C. Cir. 1995). 

7. 

fiscal year so the significance of the LES is unclear) and on her travel orders showing that her 10 
days of appropriate duty in October 1996 may not have been properly credited.  
 

The applicant submitted endorsed orders showing that she performed 12 days of 
ADT from May 16 to 27, 1983, with the notation “A/Y:  2/28/84.”  However, the applicant’s 
Reserve Retirement Point Statement for AY 1984 already credits her with 13 days of ADT in 
May 1983, and these 13 days are included in the total of 101 days of ADT shown on the CRPC.  
The applicant has not proved that the 12 days of ADT reflected on the endorsed orders she sub-
mitted are not already included in the 101 days shown for AY 1984 on her CRPC. 
 

8. 

9. 

10. 

The applicant submitted endorsed orders showing that she performed 12 days of 
ADT from July 22 to August 2, 1985, with the notation “A/Y:  2/28/86.”  However, the appli-
cant’s Reserve Retirement Point Statement for AY 1986 already credits her with 10 days of ADT 
in July 1985 and 7 days of ADT in August 1985, and these 17 days are included in the total of 43 
days  of  ADT  shown  on  the  CRPC.    The  applicant  has  not  proved  that  the  12  days  of  ADT 
reflected on the endorsed orders she submitted are not already included in the 43 days shown for 
AY 1986 on her CRPC.   
 

The applicant submitted an LES for February 1986, which shows that she had thus 
far been paid for 21 drills during FY 1986.  These 21 paid drills are reflected on her Retirement 
Point Statement for AY 1986 and are presumably included in the 49 IDT points shown on her 
CRPC for AY 1986.  The applicant has not proved that the 21 IDT drills reflected on her LES for 
February 1986 are in addition to the 21 drills she is credited for having performed from October 
1985 through February 1986 on her Retirement Point Statement for AY 1986.   
 
The applicant submitted an LES for June 1995, which shows that she was paid for 
 
12 days of ADT from June 19 to 30, 1995, which was during her AY 1996.  There is no Retire-
ment Point Statement for AY 1996 in her record, but the CRPC shows that she was credited with 
a total of 56 days of ADT.  The applicant has not proved that the 12 days of ADT she performed 
in June 1995 are not properly included in the 56 days of ADT shown on the CRPC. 
 
 
The  Coast  Guard  has  already  corrected  the  applicant’s  CRPC  to  show  that  she 
completed 20 years of satisfactory service for retirement purposes, and she has not proved that 
she  is  entitled  to  any  more  retirement  points  or  time  in  service  beyond  what  is  shown  on  the 
CRPC in her record dated February 12, 2008.  The points she earned for ADT and appropriate 
duty are correctly attributed to the anniversary years in which that duty was actually performed.   
 

In addition to challenging her time and points, the applicant asked for correction 
of her “awards.”  She did not specify what type of “awards” she wants, and if she believes that 
she  has  been  denied  some  type  of  monetary  award  or  medal,  she  should  specify exactly what 
award she means and document her entitlement to the award in another application. 
 
 
Accordingly, the Board finds that the Coast Guard has already corrected all errors 
proven in the application, and no further relief should be granted with respect to the applicant’s 
time and points. 

 
13. 

11. 

12. 

 

The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCGR (retired), for 

ORDER 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

correction of her military record is denied.  

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 
 Evan R. Franke 

 

 
 Robert S. Johnson 

 

 

 
 
 Adrian Sevier