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CG | BCMR | Other Cases | 2010-227
Original file (2010-227.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No.  2010-227 
 
XXXXXXXXXXXXX 
XXXXXXXXXXXXX 
 

 

 
 

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  application  upon 
receipt of the applicant’s completed application on July 30, 2010, and subsequently prepared the 
final decision 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  May  19,  2011,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATION 

 
 
 The applicant asked the Board to correct his record to show that the 12 years of non-
qualifying  service  he  accumulated  in  the  Individual  Ready  Reserve  (IRR)1  was  actually 
accumulated  while  he  was  on  the  Active  status  List  (ASL)/Inactive  Status  List  (ISL)  of  the 
Standby Reserve.  The  applicant contended that  in 1989 he was  transferred from the Selected 
Reserve (SELRES) to the IRR due to a reduction in force (RIF).  He argued that he should have 
been  transferred  to  the  ASL/ISL  of  the  Standby  Reserve  in  accordance  with  the  guidance 
provided in Articles 1.C.3.a.(1) and (5)2 and 1.C.3.b.(2)3 of the Reserve Policy Manual and that 

                                                 
1 Article 1.C.2 defines the Ready Reserve as those members who are liable for immediate recall to active duty.  The 
Ready Reserve includes the Selected Reserve (SELRES) and the IRR.  Subparagraph 1.C.2 b. states that the IRR 
consists of individuals who must fulfill their military service obligation (MSO) and those who have fulfilled their 
MSO  and  who  voluntarily  remain  in  the  IRR.    Subparagraph  1.C.2.b.(1)  states  that  members  of  the  IRR  may 
voluntarily participate in reserve training for retirement points only, without pay, and are assigned to the same Coast 
Guard or selected Joint Service units as their SELRES counterparts.  Members of the IRR may also apply to perform 
active duty for special work or readiness management periods for pay. 
2 Article 1.C.3.a. states that the ASL of the Standby Reserve contains reservists who may be ordered to active duty 
in time of war or national emergency if it is determined that not enough qualified Ready Reservists are available in 
the categories required.  Members on the ASL may participate in reserve training without pay, may earn retirement 
points, and are eligible for promotion.  Paragraph 1.C.3.a.(1) states that the ASL includes members who have been 
transferred  from  the  Ready  Reserve  because  of  temporary  hardship,  disability,  or  other  cogent  reasons,  and  who 
intend to return to the Ready Reserve, and  1.C.3.a.(5) states that it includes members whose retention on the ASL, 

the Coast Guard should have rectified the alleged error when he reenlisted during the 12-year 
IRR  period.    He  argued  that  a  transfer  to  the  ASL/ISL  of  the  Standby  Reserve  would  have 
prevented inequities in his record, such as having no retirement points for the 12-year period and 
accumulating  30  years  of  total  service  without  having  the  necessary  20  years  of  satisfactory 
service for retirement with pay at age 60.  Total service is calculated from the pay entry base 
date, which for the applicant is July 31, 1978.    The applicant stated that he currently has 30 
years of service and is in danger of not achieving sufficient qualifying years to retire.  He stated 
that the correction would allow him to pursue re-entry into the SELRES and the opportunity to 
earn the necessary years of qualifying service to receive retired pay at age 60.    
 

VIEWS OF THE COAST GUARD 

 

On November 17, 2010, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion recommending that the Board deny relief in accordance with a memorandum 
from the Commander, Personnel Service Center (PSC).   
 
 
PSC  stated  that  as  of  September  21,  2010,  the  applicant’s  Reserve  Retirement  Point 
statement  shows  that  over  the  course  of  his  entire  Reserve  career  he  has  earned  17  years  of 
qualifying service for retirement (a minimum of 50 points for each year) and 15 years of non-
qualifying service for retirement.  PSC stated that there is no reason that the applicant could not 
have earned qualifying years of service credible toward retirement during the 15 years he was in 
the IRR.  PSC also stated that there is no record that he ever requested to be transferred from the 
IRR.  PSC further stated that even if relief were granted to the applicant, it would not change his 
pay entry base date, which is used to calculate total service.  Nor would granting relief change 
the  fact  that  the  applicant  has  15  years  of  non-qualifying  service  toward  retirement.      In  this 
regard,  PSC  stated  that for  enlisted  members,  service  in  either  the  Ready  Reserve  or  Standby 
Reserve counts toward accumulating 30 years of service.   
 
 
PSC stated that the applicant is currently serving under active duty orders that were due 
scheduled to terminate on January 31, 2011.  When his orders terminate, the applicant will return 
to the IRR.  Also, at that time, he will have over 30 years of total reserve service calculated from 
his pay base date July 31, 1978.  PSC recommended that the applicant seek a “30-year waiver” 
through July 30, 2013, which would allow him to remain in the Ready Reserve and to earn 3 
additional years of qualifying service for retirement.  In this regard, Article 5.B.8a.of the Reserve 
Policy  Manual  states  that  normally  on  the  30th  anniversary  of  their  pay  base  dates,  enlisted 
members shall be transferred to the ISL Standby Reserve unless they have requested transfer to 
the IRR, requested retirement, or have been granted waivers by PSC to remain in the SELRES.  
Subsection  5.B.8b.  states  that  members  transferred  to  the  IRR  may  be  assigned  to  units  in 

                                                                                                                                                             
for reason other than those specified in other subparagraphs is considered to be in the best interest of the Service.  
These personnel may be retained on the ASL for no more than 2 years.   
3 Article 1.C.3.B. states that the ISL contains reservists who may be ordered to active duty in time of war or national 
emergency if it is determined that not enough qualified reservists in an active status are available in the categories 
required.  Members on the ISL may not train for pay or retirement points, are not eligible for promotion, and do not 
accrue credit for qualifying years of service for retirement.  Paragraph 1.C.3.B.(2) states that included on the ISL are 
members who were on or were eligible to be placed on the ASL, standby Reserve, but who were instead placed on 
the ISL in order to prevent an inequity with regard to their pay, promotion, or retirement points.   

accordance  with  policy  and  may  continue  to  participate  in  training  and  earn  retirement  points 
through IDT, ADT, and correspondence courses in a non-pay status.    
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
applicant for a response.  The Board did not receive a reply from the applicant.   

On November 19, 2010, the Board sent a copy of the views of the Coast Guard to the 

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 submission and applicable law: 
 
 
of the United States Code.  The application was timely.    
 

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

2.  The applicant stated that as a result of a RIF, the Coast Guard transferred him from the 
SELRES to the IRR in 1989, where he remained for 12 years.  He did not earn the necessary 50 
points for a qualifying year of satisfactory service for retirement for any year during the 12 year-
period.  Although he alleged that the Coast Guard should have transferred him to the ASL/ISL of 
the Standby Reserve to protect his record from inequities with regard to his pay, promotion, or 
retirement points, he presented no evidence that the Coast Guard was required to transfer him to 
the Standby Reserve.  Nor has he presented any evidence that he requested to be transferred from 
the  IRR  to  the  Standby  Reserve.    According  to  Article  1.C.2.  of  the  Reserve  Policy  Manual, 
participation in the IRR is voluntary for those members like the applicant who have completed 
their  initial  military  obligation.    The  applicant  has  not  presented  any  evidence  that  he  was 
dissatisfied with being in the IRR until his recently.  

 
3.   The Board agrees with the Coast Guard that the applicant had sufficient opportunity 
to earn retirement points while in the IRR.   The IRR is a legitimate Reserve category, where 
members  may  earn  retirement  points  by  drilling  (without  pay),  completing  correspondence 
courses, and performing specific types of active duty for pay.  While the applicant alleged that he 
checked about opportunities for active duty, he does not give any indication that he sought to 
earn  retirement  points  by  drilling  for  points  (non-pay)  or  that  he  attempted  to  complete  any 
correspondence courses for retirement points during the IRR period.  

 
4.  The problem presented is that the applicant reached his 30th year of total service on 
July 31, 2008 and is no longer eligible to serve in the SELRES without a waiver from PSC-rpm. 
The applicant is concerned about his ability to earn 20 years of qualifying service for retirement. 
PSC stated that placement in the Standby Reserve would not change the applicant’s pay entry 
date,  which  is  used  to  calculate  a  member’s  total  service.  Therefore,  as  recommended  in  the 
advisory opinion, the applicant should request a waiver of the 30-year requirement if he wishes 
to return to the SELRES.  If he cannot remain in the SELRES, he should request to remain in the 
IRR where he can earn retirement points in a non-pay status.    The Coast Guard indicated that 
the applicant would return to the IRR upon the completion of his active duty orders.    
 

5.  To summarize, the applicant has failed to show by a preponderance of the evidence 
that the Coast Guard committed an error or injustice against him by transferring him to the IRR 
in 1989.  Even though he was in the IRR, he had sufficient opportunity to earn retirement points 
during the 12 or more years that he was in the IRR.  He should apply for a “30-year waiver” as 
recommended  by  PSC  to  remain  in  the  SELRES  to  earn  the  remaining  satisfactory  years  of 
service for a 20-year retirement, or at a minimum, he should request to remain in the IRR where 
he can earn retirement points in a non-pay status.     

 
6.  Accordingly, the applicant’s request to show that he was transferred to the Standby 

 
 

Reserve in 1989 instead of the IRR should be denied.   
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

 

ORDER 

The application of XXXXXXXXXXXXXXXXX, USCGR, for correction of his military 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

  

 
 
 Christopher M. Dunne 

 

 

 
 Frank E. Howard 

 

 

 

 
 
 Jennifer A. Mehaffey 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

 
 

record is denied. 
 
 
 
 
 
 
 
 
 
 

 
 
 

 
 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



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