DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2009-159 
 
XXXXXXXXXXX 
XXXXXXXXXXX 
   

FINAL DECISION 

 

 
 

 

 
 
This proceeding was conducted according to the provisions of section 1552 of title 10 and 
section 425 of title 14 of the United States Code.  The Chair docketed the case after receiving the 
applicant’s completed application on May 28, 2009, and subsequently prepared the final decision 
for the Board as required by 33 CFR § 52.61(c).         
 
 
appointed members who were designated to serve as the Board in this case. 
 

This final decision, dated February 25, 2010, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

The  applicant  initially  enlisted  in  the  Coast  Guard  Reserve  for  eight  years  on  May  5, 
1989, with an expiration of enlistment on May 4, 1997.  He spent several months in the delayed 
entry program until discharged and entered active duty on July 11, 1989 for four years.   He was 
released from active duty (RELAD) into the Reserve on April 10, 1994 to serve the remainder of 
his  eight-year  obligation,  which  according  to  his  DD  214  terminated  on  May  4,  1997.  
Subsequently  on  May  21,  2003,  the  applicant  reenlisted  in  the      Reserve  to  attend  officer 
indoctrination school, and on June 13, 2003, he was commissioned as an ensign in the   Reserve.  

 
On July 23, 2007, the Commanding Officer, Personnel Service Center (PSC), responded 
to  a  letter  from  the  applicant  requesting  a  review  of  his  retirement  points  statement.    PSC 
informed the applicant that a discrepancy was found in his pay and active duty base dates, which 
had been corrected.   The  new statement of creditable service  (SCS) provided to the  applicant 
showed his adjusted pay base date as July 23, 1995 (it had been July 11, 1989, the date he began 
active duty), and his adjusted active duty base date as December 9, 1998.  The SCS also showed 
that the applicant was discharged from the Coast Guard Reserve on May 4, 1997, and did not 
reenlist in the Coast Guard until May 21, 2003, to attend officer indoctrination school. 

 
In requesting that the Board correct his record to show no break in service from May 5, 
1997 to May 21, 2003, the applicant stated that during that period he was operating as if he were 
in the Inactive Reserve and that he was in full compliance with all Inactive Reserve requirements 

when  he  requested  to  enter  the  Selected  Reserve  (SELRES)  in  2002.    He  stated  that  he  was 
informed that he had been discharged from the Reserve because of incomplete paperwork.  He 
stated that shortly after this notification, he reentered the Reserve to attend officer indoctrination 
school and is currently in the SELRES.  The applicant further stated the following: 

 
I  believe  my  record  is  incorrect  for  several  reasons.    First,  I  completed  the 
paperwork that was sent to my residence and requested to remain in the Inactive  
Reserve  .  .  .    Additionally,  I  maintained  compliance  with  all  Inactive    Reserve 
requirements during the time I was in the Inactive  Reserve to include the period 
USCG questions.  I have included a letter I sent to the USCG on April 18, 2002 
requesting my reentry to the drilling Reserve following my completion of school    
. . .  Clearly, I believed I was still in the Inactive   Reserve but was advised that 
my record was lost and I should apply to a  Reserve entry program to expedite 
reentry.  Figuring I could address this issue once I rejoined the USCG, I applied 
and was accepted into a Reserve direct commission program on May 21, 2003. 
 
Once  I  was  back  in  the  drilling  Reserve,  I  was  being  paid  properly  for  a  year 
(proper pay base) and was recalled on October 1, 2003.  I spent approximately 
four  and  one-half  years  .  .  .  on  active  duty.    Throughout  this  time  period  my 
Reserve  Point  Statement  changed  yearly  and  with  that,  so  did  my  pay.    There 
were over payments, under payments, point statement audits and point statement 
corrections throughout that time period . . .   

 

My request is to correct my service record to indicate no break in Reserve service 
or if necessary, the thirteen (13) month-break between my letter of April 18, 2002 
and my acceptance back into the   Reserve on May 21, 2003.  This change has 
very  little  practical  effect  on  my  continued  service  as  I  still  need  to  complete 
“good” Reserve  years in order to vest into the  Reserve  retirement system.  My 
reason  for  filing  this  claim  is  to  rectify  the  error  in  my  record.    I  have  been 
advised that the USCG cannot find my Inactive Reserve paperwork and since I 
did not make a copy of the form(s) I completed, the agency will rely on its own 
records (or lack thereof).      

 
 
The  applicant  submitted  a  statement  from  a  relative  who  stated  that  she 
remembers the applicant executing a certain document in the winter of 1996 regarding his 
intention to remain in the Inactive Reserve.  She stated that she remembers this because 
she was concerned about the possibility of a military recall.   
 
 
The applicant submitted a copy of an April 18, 2002, letter which he alleged that 
he sent to the Integrated Support Command in Cleveland Ohio.  He stated in that letter 
that he had been in the Individual Ready Reserve (IRR) since April 10, 1994, and would 
like to return to drilling status.  He stated that he had completed school and was able to 
assume a more active role in the   Reserve.                 

 
 
In May 2003, the applicant reenlisted in the Coast Guard Reserve and was subsequently 
commissioned as an officer.  He submitted copies of his leave and earnings statements for June 

2003 through June 2004 showing his pay entry base date as July 11, 1989, and his active duty 
base date as April 10, 1994 (although the applicant has continuously served in the   Reserve since 
May 2003, he did not submit any LESes after June 2004).   
 

VIEWS OF THE COAST GUARD 

 
 
On April 24, 2005, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion recommending that the Board deny the applicant’s request.   The JAG adopted 
the facts and analysis provided by the commanding officer of the Personnel Service Command 
(PSC).   
 
 
PSC  stated  that  on  April  10,  1994,  the  applicant  completed  4  years  and  9  months  of 
enlisted active duty and was released from active duty and transferred to the IRR to complete the 
remainder of his initial military obligation, which terminated on May 4, 1997.  On May 21, 2003, 
the applicant reenlisted in the Coast Guard   Reserve to attend officer indoctrination school.  On 
June 13, 2003, the applicant accepted a Reserve commission in the grade of ensign, and on May 
1, 2004, he accepted a   Reserve commission in the grade of LT.   
 
 
PSC  stated  that  the  applicant’s  military  record  does  not  support  any  activity  by  the 
applicant during the period from May 5, 1997, to May 20, 2003, and that applicant was not a 
member of the Coast Guard during this period.   
 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 

The  Board  received  the  applicant’s  response  to  the  views  of  the  Coast  Guard  on 
November  23,  2009.    He  disagreed  with  them  and  restated  the  contentions  made  in  his 
application.    The  applicant  stated  that  the  affidavit  from  his  relative  that  she  remembers  the 
applicant completing papers of his intent to remain in the Inactive Reserve, his own statement in 
this regard, and a copy of his 2002 letter requesting to affiliate with the drilling Reserve rebut the 
Coast  Guard’s  contention  that  there  is  no  official  record  or  correspondence  that  the  applicant 
requested an extension of his enlistment.  In this regard, the applicant argued that so long as he 
maintained a few basic requirements as a member of the IRR no paperwork would have been 
generated.    He  stated  that  no  paperwork  was  ever  sent  to  him  except  for  the  form  that  he 
completed  requesting  to  remain  in  the  Reserve.    He  stated  that  he  completed  the  only 
correspondence  that  was  sent  to  him  while  in  the  IRR,  and  therefore  he  complied  with  all 
requirements to remain in the inactive Reserve.     
 

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: 
 

1.  The Board has jurisdiction concerning this matter pursuant to section 1552 of title 10 

of the United States Code.  The application was timely. 
 

2.  The applicant requested an oral hearing before the Board.  The Chair, acting pursuant 
to  33  C.F.R.  § 52.31,  denied  the  request  and  recommended  disposition  of  the  case  without  a 
hearing.  The Board concurs in that recommendation. 

 
 
3.  The applicant enlisted in the Coast Guard delayed entry program on May 5, 1989.  At 
that  time  he  incurred  an  initial  military  obligation  of  eight  years,  four  years  of  which  was 
required  active  service.    He  served  on  active  duty  for  four  years  and  nine  months  and  was 
released from active duty on April 10, 1994 to serve the remainder of his eight year obligation, 
which expired on May 4, 1997, in the Individual Ready Reserve (IRR).1   On May 21, 2003, the 
applicant reenlisted in the Reserve to attend officer indoctrination school.  On June 13, 2003, he 
was commissioned an ensign in the   Reserve.   
 
 
4.  The issue is whether the applicant’s record correctly reflects a break in service from 
May 5, 1997 to May 20, 2003.  The applicant has not persuaded the Board that the break in his 
Coast Guard service is erroneous.  Article 12.B.11a. of the Personnel Manual states that unless a 
member voluntarily or involuntarily remains beyond the normal enlistment expiration date, the 
member shall be discharged on the day before the applicable enlistment anniversary date, which 
in this case was May 4, 1997.  Further Article 8.B.13 of the   Reserve Policy Manual (1997) 
states that “the discharge of a reservist who is not on duty on the date of separation takes effect at 
2400  on  the  effective  date  of  separation,  regardless  of  when  the  separation  documents  are 
received in the mail.  During the period under review, indefinite enlistments were not available. 
Each  contract  had  a  definite  beginning  and  end.  To  voluntarily  continue  service  beyond  the 
expiration of an enlistment without a break in service, a member has to reenlist or extend the 
current  enlistment  prior  to  or  within  24  hours  of  discharge.    See  Articles  1G.7.c.,  1.G.9c.  & 
1G.9.f. of the Personnel Manual in effect at that time.   There is no evidence in the record that the 
applicant  reenlisted  or  extended  his  Reserve  enlistment  on  or  before  May  5,  1997  and  the 
applicant has offered none. To effect a reenlistment there must have been a reenlistment contract 
and  an  oath  taken  for  a  new  period  of  service.    To  effect  an  extension  of  his  then  1989 
enlistment, the applicant and his commanding officer must have agreed in writing to any such 
extension. No such documents are in the record.  The applicant has the burden of proving by a 
preponderance of the evidence that he was in the   Reserve from May 5, 1997 through May 20, 
2003.    See  33  C.F.R.  §  52.24(b).      He  has  failed  to  show  that  he  executed  a  reenlistment  or 
extension of enlistment to remain in the Reserve between May 5, 1997 and May 20, 2003.   
 

5.  Contrary to the applicant’s view of the evidence, neither the relative’s statement that 
in 1996 the applicant submitted a request to remain in the Inactive Reserve, nor the applicant’s 
own  statement  in  that  regard,  nor  the  fact  that  he  allegedly  met  the  requirements  for  good 
standing  in  the  IRR  persuades  the  Board  that  he  was  in  the  Reserve  after  May  4,  1997.  The 
statements  prove  only,  if  anything,  that  the  applicant  sent  a  document  to  the  Coast  Guard 
requesting to remain in the  Inactive Reserve. He has not put forth any evidence however that 
merely requesting to remain in the Service creates a binding contract between the Coast Guard 
and himself. Additionally, the Board would note that the applicant has presented no evidence that 
                                                 
1 A member of the IRR was obligated maintain physical standards, keep their commanding officers advised of their 
current  address,  and  respond  to  official  correspondence.    Article  1-C-4  of  the  Reserve  Policy  Manual.    Most 
members of the IRR have completed their required active service obligation but must remain in the Ready Reserve 
to complete their military obligation.  Article 1-C-4.b.(1) of  the Reserve Policy Manual.   

the Coast Guard ever received the document that he allegedly sent or replied to it.  Nor has the 
applicant presented any evidence that he followed up on his request, which he should have done 
when  he  did  not  hear  anything  back  from  the  Coast  Guard  within  a  reasonable  time  after 
submitting the request.   In the absence of a reply from the Coast Guard to his request, it was not 
reasonable for the applicant to assume that he was still in the Service after the expiration of his 
enlistment  unless  such  was  expressly  stated  in  the  Coast  Guard’s  correspondence  or  in  Coast 
Guard regulations.  No such information is before the Board and the Board is not aware of any 
unwritten policy that allows for continued voluntary service after the expiration of an enlistment 
without a written reenlistment or extension contract.   
 

6.    The  applicant’s  other  contention  that  his  2003  LESes  are  proof  that  he  was  in  the   
Reserve without a break in service because they show his pay entry base date as July 11, 1989 is 
not  convincing.    At  most  they  show  that  the  pay  entry  base  date  on  the  LESes  was  an 
administrative error, which the Coast Guard subsequently corrected.  In BCMR No. 346-89, the 
Coast Guard withdrew an offer of a   Reserve commission to an applicant after she had executed 
the  document  accepting  the  commission  because  she  had  not  met  all  of  the  eligibility 
requirements.  Even though that applicant argued that she had a binding contract, the Secretary’s 
delegate  stated,  “I  do  not  find  the  Coast  Guard’s  effort  to  correct  an  administrative  error  by 
withdrawing  the  commission,  completing  its  record,  and  acting  on  that  completed  record  as 
“shocking” to the sense  of justice.[2]   No bad faith or other impropriety  was apparent in the 
withdrawal  of  the  offer.”    Likewise  in  this  case,  the  Coast  Guard  acted  only  to  correct  an 
administrative error to make its records accurate.  The pay base date matter when unresolved led 
to the applicant’s overpayment and underpayment at various times since his return to the Reserve 
in 2003, but the Board does not find the situation with regard to pay to be such an injustice as to 
shock the sense of justice.  

 
7.  In deciding this case, the Board is cognizant of the principle that absent evidence to 
the contrary, the Coast Guard officials and other Government employees are presumed to have 
carried out their duties “correctly, lawfully, and in good faith.” Arens v. United States, 969 F.2d 
1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 1979).  The 
evidence offered by the applicant does not rebut the fact that his record contains no reenlistment 
or extension of enlistment contract covering the period from May 5, 1997 to May 20, 2003.  His 
evidence, at most, establishes that he sent a document to the Coast Guard, not that the document 
was actually received or acted upon by the Coast Guard.  The advisory opinion stated that there 
was no correspondence from the applicant in his record.  Therefore, without any evidence that 
the Coast Guard actually had, at a minimum, a request for an extension or reenlistment from the 
applicant, the Coast Guard is presumed to have correctly discharged him from the Reserve at the 
expiration of his enlistment on May 4, 1997.     

 

                                                 
2 For BCMR purposes “[i]njustice”, when not also ‘error’, is treatment by the military authorities, that shocks the 
sense of justice, but is not technically illegal.” Reale v. United States, 208 Ct. Cl. 1010, 1011 (1976).  The Board has 
authority to determine whether an injustice exists on a “case-by-case basis.” Docket No. 2002-040 (DOT BCMR, 
Decision of the Deputy General Counsel, Dec. 4, 2002).   
   

8.  Accordingly, the applicant has failed to prove by a preponderance of the evidence that 
the Coast Guard has committed an error or injustice in his record by showing that he had a break 
in service from May 5, 1997, through May 20, 2003.   

[ORDER AND SIGNATURES ON NEXT PAGE] 

 

 

 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 

 
 

 
 

 

ORDER 

 

 
 

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
 

The application of LT XXXXXXXXXX, USCGR, for correction of his military record is 

        

 
(recused)* 
 Erin McMunigal 

 
 Bruce D. Burkley 

denied.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
* The Board member recused herself because she knows the applicant and could have a potential 
conflict  of  interest.    Under  33  C.F.R.  §§  52.11(b)  and  52.61(c),  two  members  constitute  a 
quorum and a majority vote of the members of the Board shall constitute the action of the Board. 
 

 

 
 Dorothy J. Ulmer