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CG | BCMR | Other Cases | 2012-122
Original file (2012-122.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. 2012-122 
 
Xxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxx   

FINAL DECISION 

This proceeding was conducted under the provisions of section 1552 of title 10 and sec-
tion 425 of title 14 of the United States Code.  The Chair docketed the case upon receiving the 
completed  application  on  April  13,  2012,  and  assigned  it  to  staff  member  J.  Andrews  to  pre-
pare 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  January  18,  2013,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS  

 
 
The  applicant  asked  the  Board  to  correct  his  record  to  show  that  he  was  reenlisted  on 
active duty on August 20, 2011, instead of September 1, 2011.  He explained that he was granted 
a  temporary  separation  from  active  duty  in  2010  and  served  in  the  Reserve  in  xxxxxxxxxx, 
during  the  temporary  separation.    When  the  temporary  separation  ended  in  2011,  he  received 
permanent  change  of  station  (PCS)  orders  to  report  for  active  duty  in  xxxxxxxxxxxxx,  on 
September 1, 2011.  The orders required that he be enlisted on active duty in the regular Coast 
Guard before leaving  Baton  Rouge.   However, he was not  enlisted before he left  xxxxxxxx  on 
August  20,  2011,  and  was  not  enlisted  until  after  he  reported  for  duty  on  September  1,  2011.  
Because of this administrative error, he has not received the full pay and benefits for the period 
August  20  through  August  31,  2011,  that  he  would  have  if  the  command  at  xxxxxxxxxx  had 
timely enlisted him in accordance with the orders.   
 
 
In  support  of  these  allegations,  the  applicant  submitted  a  copy  of  his  transfer  orders, 
issued  on  July  28,  2011,  which  show  that  he  was  to  transfer  from  xxxxxxx  and  report  to 
xxxxxxxxx on September 1, 2011, for a four-year tour of active duty.  The orders directed him to 
leave xxxxxxxxxx on August 20, 2011, and authorized and required his enlistment on active duty 
for a minimum of four years before making the transfer.  The applicant also submitted a copy of 
his  enlistment  contract,  which  shows  that  the  command  in  xxxxxxxxxx  enlisted  him  on 
September 1, 2011. 
 

 

 

VIEWS OF THE COAST GUARD 

 
 
On  September  28,  2012,  the  Judge  Advocate  General  (JAG)  submitted  an  advisory 
opinion  in  which  he  recommended  that  the  Board  grant  relief  in  this  case  by  correcting  the 
applicant’s record to show that he reenlisted on active duty on August 20 instead of September 1, 
2011, and to award him back pay and allowances.   
 
In  making  this  recommendation,  the  JAG  adopted  the  findings  and  analysis  in  a 
 
memorandum  provided  by  the  Personnel  Service  Center  (PSC).    PSC  stated  that  the  applicant 
had  requested  to  return  to  active  duty  on  September  1,  2011,  and  that  request  was  approved.  
Therefore, technically, his PCS orders should have authorized his travel to begin on September 
1, 2011, and show a report date later in September, in which case his reenlistment contract would 
properly have reflected a September 1, 2011, reenlistment date.  However, the unit yeoman erred 
by  issuing  PCS  orders  that  directed  the  applicant  to  depart  xxxxxxxxx  and  begin  his  move  on 
August 20, 2011.  Moreover, because the PCS orders required the applicant to already have four 
years of obligated service upon reporting to his new unit, the yeoman should have required him 
to reenlist on August 20, 2011.  Therefore, PSC recommended that the Board grant relief so that 
the applicant will receive the correct pay and benefits for the period August 20 to 31, 2011.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
indicated that he agreed with them.        

On  November  5,  2012,  the  applicant  responded  to  the  views  of  the  Coast  Guard  and 

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  10 U.S.C.  § 1552.  

The application was timely filed within three years of the alleged error. 10 U.S.C. § 1552(b). 
 

2. 

 
3. 

The  applicant  alleged  that  he  has  wrongly  been  denied  the  active  duty  pay  and 
benefits that he would have received if a unit yeoman in xxxxxxxxxx had properly reenlisted him 
before  he  executed  his  transfer  to  xxxxxxxxxxx.    His  military  records  and  the  Coast  Guard’s 
advisory  opinion  strongly  support  his  claim  that  he  executed  orders  that  instructed  him  to 
complete  his  household  move  from  xxxxxxxxx  from  August  20  to  September  1,  2011,  and 
required that he already have obligated four years of active duty before departing xxxxxxxxx, but 
that he was not actually reenlisted on active duty until he completed his move and reported for 
duty in xxxxxxxxxxx on September 1, 2011.   
 
 
 
 
 
 

Accordingly, the applicant’s request should be granted.   

 

 

ORDER 

 

The  application  of  xxxxxxxxxxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his 
military record is granted.  The Coast Guard shall correct his records to show that he reenlisted 
for four years on August 20, 2011, instead of September 1, 2011, and shall pay him any amount 
due as a result of this correction. 
 
 
 
 
 
 
 
 
 

  

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 Philip B. Busch 

 

 

 
 Ashley A. Darbo 

 

 
 

 
 
 Dorothy J. Ulmer 

 
 

 

 
 

 

 
 

 

 
 

 

 

 
 

 
 
 

 
 

 
 
 

 
 

 
 
 

 
 

 
 
 

 
 

 
 
 

 
 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 



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