DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2010-040 
 
Xxxxxxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxxxxxxx 

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  after receiving  the applicant’s 
completed application on November 23, 2009, 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  August  26,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant asked the Board to correct his record  so that he may be credited with the 
correct number of Reserve retirement points.1  He stated that the Coast Guard recently completed 
a  Statement  of  Creditable  Service  (SOCS)  for  him  and  that  there  are  several  discrepancies 
between the SOCS and his paper records.  In support of his allegation, the applicant submitted an 
email he received from a Human Resources Assistant (Military) at the Pay and Personnel Center, 
who  stated  that  he  found  the  following  discrepancies  between  JUMPS  (the  Coast  Guard’s  pay 
database) and documents in the applicant’s record: 
 

08 DEC 1994 – Member signed MARTP agreement that specifically states member was a USCG 
Reservist with a 08 year obligation.  This would set the DIEMS [Date of Initial Entry to Military 
Service] date. 
 
24 APR 1995 – DD-4 and SEG 57 has member entering the USCGR as HEZ [an enlisted member 
of the Selected Reserve (SELRES)] but 1st IDT/ADT [drills or active duty training]  according to 
SEG  01  was  not  performed  until  21  OCT  1995  which  would  be  the  member’s  Initial  Pay  Base 
Date.  The period between 24 APR 1995 and 20 OCT 1995  would not be creditable toward  AD 
[active duty] or PEBD [pay entry base date]. 
 

                                                 
1 Reservists are required to earn at least 50 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. 

 

 

14 AUG 1998 – Member executed Oath of Office as a reserve ENS/01 but SEG 57 does not have 
member  entering  FOB  [Reserve  commissioned  officer  on  extended  active  duty]  status  until  01 
NOV 1998. 
 
16 JUN 2003  – Member executed Oath of Office as an active duty  LT/O3 but SEG 57 does  not 
have member entering AOZ [regular active duty commissioned officer] status until 10 JUL 2003. 
 
Current Reserve AY [anniversary year/date] (11/07) is correct.  For years 1995 – 2006 member’s 
AY should have been 12/08 vs. 04/24 and may need correction. 

 
 
The applicant stated that in December 1994, he applied to the Reserve through the Mari-
time  Academy  Reserve  Training  Program  (MARTP)  by  signing,  inter  alia,  a  Statement  of 
Understanding and a Record of Military Processing.  Then on April 24, 1995, he enlisted in the 
active Reserve as an E-3 under the MARTP.  The applicant stated that he did not receive any pay 
or  allowances  from  the  Coast  Guard  until  he  attended  Reserve  Enlisted  Basic  Indoctrination 
(REBI) from August 14 to 25, 1995.  He submitted his REBI certificate dated August 25, 1995. 
 

On  October  21,  1995,  the  applicant  stated,  he  began  his  first  Inactive  Duty  Training 
(IDT)  by  performing  weekend  drills.    For  the  next  three  years,  he  drilled  as  a  reservist  at  the 
Marine Safety Office in  Galveston.   However, he alleged, many periods of active duty training 
(ADT) and IDT that he performed from 1995 to 1998 are missing from his record.  However, on 
April 24, 1998, he received the Reserve Good Conduct Medal for three years of satisfactory ser-
vice.  He alleged that his receipt of this medal is proof that he completed all of the ADT and IDT 
requirements from 1995 to 1998. 
 
 
The applicant alleged that on August 15, 1998, he was appointed an ensign in the Reserve 
and began serving on an extended active duty contract.   In support of this allegation, the appli-
cant submitted a copy of his first active duty officer evaluation report (OER), which shows that 
he reported for duty and the reporting period began on August 15, 1998, and ended on March 31, 
1999.  The report shows that a total of 38 days were “not observed,” including 6 leave days and 
32  other  days.    The  applicant  stated  that  the  32  “other”  days  show  time  he  spent  at  the  Coast 
Guard  training  center  in  Yorktown  attending  trainings  such  as  a  Port  Operations  Department 
Course and Marine Safety Information System training.  His DD 214 dated June 15, 2006, shows 
that he attended courses entitled “Seaport Security/Antiterrorism” and “MS Information Systems 
OPS/MGT”  for  one  week  in  December  1998  and  a  4-week  course  called  “Port  Operations 
Department COU” in February 1999. 
 

The  applicant  stated  that  he  served  on  active  duty  continuously  thereafter  until  2006.  
During that period, he was promoted to lieutenant on October 29, 2002, and on June 16, 2003, he 
integrated from the Reserve to the regular, active duty Coast Guard as a lieutenant. 
 
On  May  15,  2006,  the  applicant  stated,  he  resigned  his  commission  and  received  an 
 
Honorable Discharge.  On November 7, 2006, he enlisted in the Reserve again.  The six-month 
break in service was caused by “the unique paperwork challenges of re-enlisting after being an 
officer;  an  event  that  rarely  occurs.”    He  has  continued  to  drill  and  perform  short  periods  of 
active duty as a reservist and has advanced to chief petty officer. 
 

 

 

SUMMARY OF THE RECORD 

 
 
On December 8, 1994, the applicant and his recruiter signed a “Statement of Understand-
ing: Coast Guard MARTP Program” (SOU).  The first paragraph of the SOU states that it “will 
become an Annex to the Enlistment/Reenlistment Document: Armed Forces of the United States 
(DD-4).”  The applicant acknowledged the following in the SOU: 

 

1.   … I am enlisting in the Coast Guard Reserve and that I am incurring a military ser-

vice obligation of eight (8) years. 

2.  I am a high  school graduate and currently enrolled in Texas  A&M Galveston.  I am 
scheduled to complete Reserve Enlisted Basic Indoctrination (REBI) on 25 AUG 95 in commence 
for the Fall Semester on 28 AUG 95.  I certify that I intend to continue my education and that  my 
education  prohibits  my  enlistment  in  a  program  that  requires  30  consecutive  weeks  of  Initial 
Active Duty for Training. 

3.  I will be required to participate satisfactorily in the Selected Reserve for six (6) years 

… 

4.    I  will  be  assigned  to  a  Coast  Guard  Reserve  Unit  (CGRU)  upon  release  for  REBI.  
While  completing  my  bachelor’s  degree,  I  will  perform  drills  at  a  Marine  Safety  Office  and  be 
ineligible for promotion. …  Satisfactory participation includes … [c]ompetent performance in at 
least 48 scheduled drills and at least twelve (12) days Active Duty for Training (ADT) each year 
from the date of my enlistment.  If authorized by the district commander, I may complete not less 
than 30 days ADT each year as a substitute for the 48 drills and 12 days ADT. 

•  •  • 

 
8.  I understand that successful completion of all MARTP training participation and pre-
commissioning requirements, and graduation from an approved Maritime Academy will result in 
my commissioning as ensign (O-1) United States Coast Guard Reserve. … 
 
9.  I understand that one of the benefits of MARTP is eligibility for concurrent participa-
tion  in  the  Student  Incentive  Payment  (SIP) program  offered  by  the  Maritime  Administration.   I 
understand that if I participate in the SIP program and voluntarily resign from Texas A&M I may 
be subjected to involuntary active duty not to exceed two (2) years. 

13.    This  statement  of  understanding  is  a  part  of  my  Enlistment  Contract.    Any  and  all 

promises have been made to me in writing and are included in this contract. 

•  •  • 

On  April  24,  1995,  the  applicant  enlisted  in  the  Coast  Guard  Reserve.    The  enlistment 

 
 
On December 13, 1994, the applicant and his recruiter signed a “Record of Military Proc-
essing” with his personal data.  Block 20 shows that he was enlisting on April 24, 1995, and that 
his pay entry date and active duty service date would be April 24, 1995. 
 
 
contract lists the MARTP SOU as an annex to the contract. 
 
 
On August 25, 1995, the applicant received a certificate for completing the REBI Mari-
time  Academy  Reserve  Training  Program  course  at  the  Coast  Guard  training  center  in  Cape 
May, New Jersey. 
 
 
a Reserve Good Conduct Medal. 
 
 
appointment as an ensign in the Reserve. 
 

On August 15, 1998, the applicant signed an Acceptance and Oath of Office to accept an 

On April 24, 1998, the CO of the Marine Safety Unit in Galveston awarded the applicant 

 

 

On  June  16,  2003,  the  applicant  signed  an  Acceptance  and  Oath  of  Office  to  accept  an 

On March 18, 2002, the applicant signed an extended active duty contract requiring him 

 
to serve on active duty from that date through June 30, 2003. 
 
 
A  drill  point  statement  dated  July  25,  2002,  in  the  applicant’s  record  shows  that  in  his 
anniversary year ending on April 23, 1996, he earned 19 drill points, 15 membership points, and 
no points for ADT.  It shows that he earned 12 points for ADT in AY 1997, 36 points for ADT in 
AY 1998, and more than 50 points in every year from AY 1997 through AY 2002. 
 
 
appointment to lieutenant in the regular active duty Coast Guard. 
 
 
On May 15, 2006, the applicant was issued a DD 214 discharge certificate indicating that 
he had been on continuous active duty since April 24, 1995 (blocks 12.a. and 12.b.), and had no 
prior active service or inactive service (blocks 12.d. and 12.e.).  This DD 214 lists as one of his 
awards a “First CG Reserve Good Conduct Medal for period ending 99 04 24” and shows that he 
completed, inter alia, a MARTP course in August 1997 and a marine science petty officer course 
in December 1998. 
 
On November 7, 2006, the applicant enlisted in the Reserve for six years as a first class 
 
petty officer (MST1/E-6).  A Record of Military Processing prepared upon this enlistment shows 
his active duty service date and his pay entry date as October 15, 1995. 
 
 
On October 10, 2008, the applicant was issued a DD 214 covering 20 days of active duty 
he  had  completed  since  September  21,  2008,  pursuant  to  a  Reserve  mobilization  for  Hurricane 
Ike.  The DD 214 states erroneously in block 2, however, that he was a member of the regular 
Coast Guard, but block 13 properly shows that he received a “First Coast Guard Reserve Good 
Conduct medal for period ending 980424.”  It shows in blocks 12.d. and 12.e. that he had com-
pleted 7 years, 10 months, and 28 days of prior active service and 4 years, 1 month, and 19 days 
of prior inactive service. 
 
 
vice for the applicant, which shows the following: 
 
  The date his military obligation was incurred is December 8, 1994. 
  His adjusted pay base date is April 12, 1996. 
  His adjusted active duty base date is November 16, 2000. 
  From  December  8,  1994,  to  April  23,  1995,  he  was  an  enlisted  member  of  the  Individual 

On July 7, 2009, the Pay  and Personnel  Center  prepared a Statement of  Creditable Ser-

Ready Reserve (IRR).  

  From April 24 to October 20, 1995, he was a non-drilling enlisted member in the SELRES. 
  From October 21, 1995, to May 19, 1996, he was a drilling enlisted member of the SELRES. 
  From May 20 to 31, 1996, he completed 12 days of ADT. 
  From June 1, 1996, to August 1, 1997, he was a drilling enlisted member of the SELRES. 
  From August 2 to 15, 1997, he completed 14 days of ADT. 
  From August 16 to December 25, 1997, he was a drilling enlisted member of the SELRES. 
  From December 26, 1997, to January 16, 1998, he performed 22 days of ADT. 
  From January 17 to August 14, 1998, he was a drilling enlisted member of the SELRES. 

 

 

  From August 15 to 23, 1998, he was a drilling officer in the SELRES. 
  From August 24, 1998, to June 15, 2003, he was a Reserve officer on extended active duty. 
  From  June  16,  2003,  until  his  discharge  on  May  15,  2006,  he  was  a  regular  active  duty 

officer but also in the Reserve. 

  From November 7, 2006, to April 7, 2007, he was a drilling enlisted member of the SELRES. 
  From April 8 to 20, 2007, he completed 13 days of ADT. 
  From April 21, 2007, to March 2, 2008, he was a drilling enlisted member of the SELRES. 
  From March 3 to 14, 2008, he completed 12 days of ADT. 
  From March 15 to September 20, 2008, he was a drilling enlisted member of the SELRES. 
  From September 21 to October 10, 2008, he was mobilized onto active duty for 20 days. 
  From October 11, 2008, to April 30, 2009, he was a drilling enlisted member of the SELRES. 
 

VIEWS OF THE COAST GUARD 

 

On April 15, 2010, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion in which he adopted the findings and analysis of the case in a memorandum by 
the  Personnel  Service  Center  (PSC)  and  recommended  that  the  Board  grant  relief.    The  PSC 
stated  that  relief  should  be  granted  because  the  five  discrepancies  listed  in  the  email  from  the 
PPC have been reviewed and approved by the Reserve Personnel Management branch.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On April 26, 2010, the Chair sent the applicant a copy of the JAG’s advisory opinion and 
invited  him  to  respond  within  30  days.    No  response  was  received.    However,  in  response  to 
inquiries  from  the  BCMR  staff  in  August  2010,  the  applicant  submitted  copies  of  his  original 
enlistment contract and other documents that were not in the record forwarded by the JAG. 
 

APPLICABLE LAWS 

 
 
The MARTP was in effect prior to the issuance of the Reserve Policy Manual (RPM) in 
1997  but  is  not  mentioned  in  the  1995  Reserve  Administration  and  Training  Manual  (RAT-
MAN).  However,  paragraphs  7.J.5.a.(4)  and  (5)  of  the  1995  Marine  Safety  Manual  stated  that 
MARTP  participants  were  students  at  maritime  academies  and  colleges  who  enlisted  in  the 
Reserve in the “RN” training program and could receive a direct commission as an officer after 
three  years of training in the marine safety  field.   Chapter 15-H-9 of the  RATMAN stated that 
“[p]ersonnel  enlisting in the RQ/RN program  who do not  have prior Coast  Guard service must 
complete  the  Reserve  Enlisted  Basic  Indoctrination  (REBI)  course  during  their  first  year  of 
enlistment.”  Under COMDTINST 1131.23, MARTP participants  were  eligible for direct  com-
missions  in  the  Reserve  upon  graduating  from  a  maritime  college  and  acquiring  a  merchant 
mariner’s license to be a Third Mate, Third Assistant Engineer, or higher rank.   
 

Chapter 15-H-4 of the 1994 RATMAN provides that prior service members who possess 
skills that will qualify them for immediate advancement to E-4 are in the “RX” program and “do 
not  attend  IADT;  instead,  they  shall  be  ordered  home  awaiting  orders  until  a  quota  has  been 
obtained  to  the  Reserve  Enlisted  Basic  Indoctrination  Course  (REBI).    After  they  successfully 
complete REBI, they are to report to their assigned Reserve units.” 

 

 

 

Chapter 5.E.1. of the 1997 RPM stated that the MARTP was designed to recruit students 
at approved maritime colleges, including the one at Texas A&M in Galveston.  Chapter 5.E.2. is 
a flow chart showing that the first  step in the program  is for a student at a maritime college to 
meet with a recruiter and prepare a package, which is reviewed by a MARTP selection panel.  If 
the  student  is  selected  for  the  program,  the  recruiter  is  notified  to  enlist  the  student  in  the 
Reserve.  The student attends REBI as his first period of ADT and is then assigned to a Marine 
Safety  Office  (MSO)  to  drill  for  a  year.    After  the  student  drills  for  a  second  year,  the  student 
completes  a  Coast  Guard  MARTP  course.    Upon  graduating  from  the  maritime  academy,  the 
member  receives  a  commission  and  is  assigned  to  serve  on  active  duty  at  an  MSO.    The  1997 
and current RPMs categorize MARTP participants as “RM,” rather than “RN.” 

 
Chapters 2.A.3. and 2.A.4. of the RPM state that reservists earn 1 point for each 4-hour 
drill attended and 2 points for two or more 4-hour drills attended in one calendar day.  Chapter 
8.C.3.a.2. states that reservists receive 1 point for each day of active duty the perform. 

 
According  to  Article  12.C.16.a.5.  of  the  Personnel  Manual,  a  member’s  DIEMS  is  “the 
earliest date they joined a Uniformed Service either through the Delayed Entry Program, a Ser-
vice academy, their enlistment, induction or appointment. Service Academy cadets and persons 
in  the  Delayed  Entry  Program  are  considered  ‘members  of  the  Uniformed  Service’  while  they 
serve  in  such  status.”    Chapter  7.D.  of  the  Pay  and  Personnel  Procedures  Manual  states  that 
DIEMS is “the date someone first became a member of a Uniformed Service and pertains to the 
earliest  date  of  enlistment,  induction,  or  appointment  in  a  regular  or  reserve  component  of  an 
armed  force  as  a  commissioned  officer,  warrant  officer,  or  enlisted  member.  Breaks  in  service 
shall not affect the date someone first became a member. Cadets and midshipmen of the Acade-
mies, cadets of the Reserve Officer Training Corps, and members of the Delayed Entry Program 
(DEP) are considered to have become members for the purposes of these provisions.” 

 
Enclosure  (1-1)  to  the  RATMAN  defines  “anniversary  year”  for  those  who  enter  the 
Reserve after June 30, 1949, as extending “from the date of entry or reentry to the day preceding 
the anniversary of entry or reentry.”  Appendix A of the 1997 RPM defines “anniversary date” as 
“the date the member entered into active service or into active status in a Reserve component.”  
Under Chapter 1.C. of the RPM, all members of the SELRES and the IRR are in an active status. 
 
 
Chapter 2.A. of the Pay Manual, COMDTINST M7220.29B, states that creditable service 
for  pay  purposes  includes  “all  periods  of  active  duty  inactive  service  …  in  any  Regular  or 
Reserve component.”  However, Chapter 2.B.4.a. states that since January 1, 1985, “time served 
as a member of a Reserve component under a delayed entry program prior to entry or active duty 
or  ADT”  is  not  creditable  for  pay  purposes.    A  “delayed  entry  program”  is  one  in  which  the 
recruit  enlists  in  the  Reserve  but  does  not  immediately  begin  his  initial  active  duty  training 
period.  10 U.S.C. § 513. 
 
 
Chapter  5.A.3.a.(8)  of  the  Medals  and  Awards  Manual  states  that  to  receive  a  Reserve 
Good  Conduct  Medal  between  January  1,  1980,  and  June  3,  1997,  a  reservist  was  required  to 
have  accumulated  three  consecutive  anniversary  years  of  good  conduct  in  which  the  member 
performed 12 days of ADT and 90% of 48 scheduled IDT drills  (90% of 48 = 43).  To receive 

 

 

the medal  between June 4, 1997, and October 24, 2002, a reservist  was  required to  have accu-
mulated  three  consecutive  anniversary  years  of  good  conduct  in  which  the  reservist  earned  at 
least 50 retirement points per year.  Chapter 5.A.3.a.(2) states that “[m]embers whose good con-
duct period of service spans years with disparate eligibility standards must apply the standard in 
place  at  the  beginning  of  their  anniversary  year.  Creditable  time  earned  under  a  previous  good 
conduct  standard  will  be  combined  with  creditable  time  earned  under  the  new  standard  during 
the same period of service.” 
 
 
Chapter 1.A. of COMDTINST M1900.4D, the manual for preparing DD 214s, states that 
DD 214s are issued “to members who change their military status among active duty, reserve, or 
retired components or are separated/discharged from the Coast Guard to civilian status.”  Chapter 
1.B.10.  states  that  to  warrant  preparation  of  a  DD  214  for  a  reservist,  the  reservist  must  have 
served on continuous active duty for at least 90 days. 
 

Chapter 1.D.2.a. of COMDTINST M1900.4D states that “[a]ll  entries [on the DD 214], 
unless specified otherwise (i.e., blocks 7a, 7b), are for the current period of active duty only from 
date  of  entry  as  shown  in  block  12a  through  the  date  of  separation  as  shown  in  block  12b.  
Chapter  1.E.  of  COMDTINST  M1900.4D  provides  the  following  instructions  for  completing 
block 12: 

 
Block 12a. Date Entered Active Duty This Period. Enter the date of entry on active duty.  
 
Block 12b. Separation Date This Period. Enter the effective date of release/discharge. For personnel 
being retired, enter the last day of active duty in this block and enter the effective date of retirement 
in block 18, Remarks. … 
.  
Block 12c. Net Active Service This Period. Enter the years, months, and days of service creditable 
for basic pay purposes for the period from date entered  active duty this period (block 12a) through 
date of separation (block 12b). … 
 
Block  12d. Total Prior  Active  Service.  Enter  the  years,  months,  and  days  of  service  creditable  for 
basic pay for all active service prior to the date entered in block 12a. … 
 
Block 12e. Total Prior Inactive Service. Enter the years, months, and days of service creditable for 
basic  pay  for  inactive  service  completed  prior  to  the  date  entered  in  block  12a.  Active  Duty 
Training computation  must be subtracted from the total prior inactive service computation, since 
the ADT computation is cited as part of block 12d. 

Block 12h. Effective Date of Pay Grade.  Enter the year, month, and day as follows: 

1.  Enlisted Personnel. Date of advancement. 
2.  Officers. Date of rank, as distinguished from the date of appointment. 

•  •  • 

 

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 because it was filed within three years of when the applicant knew or 
should have known of the errors in his record. 

 

 

 
2. 

The applicant alleged that various dates marking changes in his status are errone-
ous in his record and that he is not being credited with the correct number of Reserve retirement 
points.  The Board begins its analysis in every case by presuming that the disputed information 
in the applicant’s military record is correct as it appears in his record, and the applicant bears the 
burden of proving by a preponderance of the evidence that the disputed information is erroneous 
or  unjust.2    This  applicant’s  record,  however,  contains  so  many  obvious  and  significant  errors 
and inconsistencies that the question before the Board is not whether there are errors, but how to 
clean up his record.  
 

3. 

 The applicant’s SOCS shows that he was in the IRR from December 8, 1994, to 
April 23, 1995.  This entry was apparently made because of the MARTP SOU dated December 
8, 1994.  However, the text of the SOU shows that it was premised on the applicant enlisting in 
the Reserve, and the applicant did not actually enlist until April 24, 1995.  Therefore, he cannot 
have been a member of any branch of the Reserve prior to that date.  The MARTP SOU was an 
annex to the applicant’s April 24, 1995, enlistment contract and had no force or effect until the 
applicant actually enlisted.  As the rules for the MARTP in the 1997 RPM show, students attend-
ing maritime colleges who wanted to become Coast Guard officers had to complete application 
packages,  which  were  reviewed  by  a  MARTP  selection  panel  before  the  recruiter  was  notified 
that he could enlist the student.  The MARTP SOU and the Record of Military Processing dated 
December  13,  1994,  were  parts  of  the  applicant’s  MARTP  application  package  and  did  not 
actually  obligate  him  or  the  Coast  Guard  in  any  way  prior  to  his  enlistment.    Therefore,  the 
applicant’s SOCS should be revised to show no service prior to April 24, 1995. 

 
4. 

 
The  PPC  alleged  that  December  8,  1994,  should  be  the  applicant’s  DIEMS 
because of the MARTP SOU.  However, the applicant enlisted on April 24, 1995, and there is no 
evidence that he was ever a cadet at a Service academy or in the Reserve Officer Training Corps 
(ROTC), and he had not enlisted prior to April 24, 1995, under a delayed entry program.3  There-
fore, given the definitions of DIEMS in Article 12.C.16.a.5. of the Personnel Manual and Chap-
ter  7.D.  of  the  Pay  and  Personnel  Procedures  Manual,  the  Board  finds  that  the  applicant’s 
DIEMS is the day he first enlisted, April 24, 1995. 
 
The PPC alleged that December 8th should be the applicant’s Reserve anniversary 
 
date from 1995 through 2006 because of the MARTP SOU dated December 8, 1994.  However, 
the 1995 RATMAN defines an “anniversary year” as extending “from the date of entry or reen-
try  to  the  day  preceding  the  anniversary  of  entry  or  reentry”  and  the  1997  RPM  states  that  a 
reservist’s  anniversary  date  is  “the  date  the  member  entered  into  active  service  or  into  active 
status in a Reserve component.”  Therefore, the Board finds that the applicant’s anniversary date 
prior to his June 16, 2003, integration into the regular Coast Guard was the date he first enlisted 
in the Reserve, April 24, 1995. 

5. 

 
6. 

 The  applicant  enlisted  in  the  Reserve  on  April  24,  1995,  and  under  the  SOU 
agreed to serve at least the first 6 years of his 8-year military service obligation in the SELRES.  

                                                 
2 33 C.F.R. § 52.24(b). 
3  Under  a  “delayed  entry  program,”  the  recruit,  often  a  student,  enlists  in  the  Reserve  while  still  in  school  or 
otherwise occupied and begins active service when he is available to serve on active duty or active duty for training. 

 

 

However, he stated that he performed no IDT or ADT until he attended REBI in August 1995.  
His REBI certificate is dated August 25, 1995, and he stated that the course began on August 14, 
1995.  Chapter 15-H-9 of the 1995 RATMAN and Chapter 5-E-2 of the 1997 RPM stated that 
MARTP  participants  were  to  attend  REBI  during  their  first  year  and  that  attendance  at  REBI 
would fulfill their 12-day ADT requirement for the first year.  Therefore, the applicant’s SOCS 
should show that he became a member of the SELRES on April 24, 1995, and that he performed 
12 days of ADT from August 14 to 25, 1995. 

 
7. 

According to the PPC email, the applicant’s pay entry base date is unclear.  Under 
Chapter 2.A. of the Pay Manual, all of the applicant’s regular and Reserve service was creditable 
time for pay purposes unless he spent “time served as a member of a Reserve component under a 
delayed entry program prior to entry on active duty or ADT.”  The applicant stated that he cannot 
recall performing any type of duty or receiving any pay or allowances until he began REBI and 
that he believes he began REBI on August 14, 1995.  However, it is not clear to the Board that he 
was enlisted under a delayed entry program; his enlistment contract shows that his pay entry base 
date was April 24, 1995; and the SOU indicates that upon enlistment he would immediately be a 
member  of  the  SELRES.    Therefore,  the  Board  finds  that  the  preponderance  of  the  evidence 
shows that the applicant’s initial pay entry base date, prior to his break in service in 2006, should 
have been April 24, 1995. 
 

8. 

The  applicant  alleged  that  he  is  not  being  credited  with  the  correct  number  of 
retirement points for ADT and IDT from 1995 through the beginning of his extended active duty 
in  1998.    As  evidence  of  his  satisfactory  participation,  he  noted  that  his  commanding  officer 
awarded him a Reserve Good Conduct Medal for his first three years of service from April 24, 
1995, through April 23, 1998.  Receipt of this medal normally requires the reservist to have per-
formed 12 days of ADT and at least 43 of 48 scheduled drills during each of the three anniver-
sary  years.4  However, according to the applicant and the SOCS, he did not begin drilling until 
November 21, 1995.  Therefore,  it is  unlikely that  he performed 43 drills before the end of his 
first anniversary  year on April 23, 1996.   Moreover, a drill point statement in his record shows 
that in his first anniversary year, he received 19 drill points and 15 membership points for a total 
of 34 points.  Neither the drill point statement nor the SOCS properly credit the applicant with 12 
days of REBI/ADT during his first anniversary year, although both show that he performed the 
required 12-day ADT periods in 1996 and 1997.  Adding 12 points for the applicant’s attendance 
at REBI to his first anniversary year gives him a total of 46 points for the year, which does not 
meet the 50-point requirement for a satisfactory year for retirement purposes.5  It is possible that 
the applicant performed drills or completed correspondence courses in AY 1996 for which he has 
not been credited, but he has not yet submitted sufficient evidence to prove that he did so or that 
he is otherwise entitled to more than 46 points for AY 1996.  Therefore, the Board finds that the 
preponderance of the evidence shows that the applicant  earned satisfactory  years of service for 
retirement purposes in AY 1997 and 1998, but not in AY 1996.  If he has evidence that he per-
formed more than 19 drills in AY 1996 or completed qualifying correspondence courses for drill 
points, he is welcome to submit it to the Board with a new application.   

 
9. 

 The  applicant’s  Acceptance  and  Oath  of  Office  dated  August  15,  1998,  shows 

                                                 
4 Medals and Awards Manual, Chap. 5.A.3.a.(8). 
5 10 U.S.C. § 12732. 

 

 

that he was commissioned an ensign in the Reserve on that date.  His SOCS properly reflects this 
date of rank. 
 

10. 

 The  applicant  alleged  that  he  began  serving  on  extended  active  duty  (EAD)  on 
August  15,  1998  (the  date  of  his  commissioning).    The  SOCS  shows  that  he  began  serving  on 
EAD on August 24, 1998.  However, the email from the PPC states that “SEG 57” in the Coast 
Guard  database  shows  that  he  began  serving  on  EAD  on  November  1,  1998.    The  applicant’s 
OER, which was prepared by his chain of command at the MSU in Galveston in April 1999 for 
the  evaluation  period  ending  on  March  31,  1999,  shows  that  the  applicant  reported  for  active 
duty at the unit on August 15, 1998.  The 32 days of “not observed” time shown on the OER are 
fully accounted for by the training courses that he took in December 1998 and February 1999, as 
shown on his DD 214.  Unlike the SOCS, which was prepared in 2009, and the database, which 
has  changed  since  1998,  the  OER  was  prepared  just  a  few  months  after  the  applicant  began 
active  duty  and  was  prepared  by  his  chain  of  command,  who  presumably  knew  what  date  he 
began active duty.  Therefore, the Board finds that the preponderance of the evidence shows that 
he began serving on continuous active duty on August 15, 1998. 

 
11. 

Reservists receive one point for each day of active duty.  Therefore, while he was 
serving on continuous active duty from August 15, 1998, through August 15, 2003, the applicant 
also  accumulated  at  least  50 points in  his  anniversary  years ending  on  April 23  in 1999, 2000, 
2001, 2002, 2003, and even 2004  although he did not remain in the Reserve that entire anniver-
sary year.  Therefore, those years were also satisfactory for retirement purposes. 
 

12. 

The applicant’s Acceptance  and Oath of  Office  dated June 16, 2003, shows that 
he was commissioned a lieutenant in the regular Coast Guard on that date.  His SOCS properly 
reflects this date of rank, but apparently “SEG 57” in the database is erroneous in that it shows 
he  was  commissioned  on  July  10,  2003.    Therefore,  the  database  should  be  corrected  to  show 
that he was integrated into the regular Coast Guard on June 16, 2003. 
 

13. 

14. 

The  applicant’s  SOCS  shows  that  he  remained  in  the  “USCGR”  from  June  16, 
2003, to May 15, 2006, but was also in “AOZ” status—i.e., a regular active duty commissioned 
officer.  Because he accepted his commission in the regular Coast Guard on June 16, 2003, and 
remained in the regular Coast Guard until his discharge on May 15, 2006, the SOCS should be 
corrected to show that he was in the “USCG” during this period. 
 
 
The  applicant’s  DD  214  dated  May  15,  2006,  contains  many  errors.    First,  it 
shows  that  he  had  served  on  continuous  active  duty  as  a  member  of  the  regular  Coast  Guard 
since  April  24,  1995.    In  fact,  he  had  served  on  continuous  active  duty  only  since  August  15, 
1998, and from that date until June 15, 2003, he was a Reserve officer serving on extended active 
duty.    Therefore,  the  date  of  entry  in  block  12.a.  is  erroneous,  and  under  Chapter  1.A.  of 
COMDTINST  M1900.4D,  the  applicant  should have  received  two  separate  DD  214s,  one  cov-
ering his Reserve active duty from August 15, 1998, to June 15, 2003, and a second covering his 
regular  active  duty  from  June  16,  2003,  to  May  15,  2006.    Moreover,  block  12.c.  is  wrong 
because  it  shows  that  he  had  11  years  and  22  days  of  continuous  active  duty,  when  the  period 
from  August  15,  1998,  through  May  15,  2006,  is  7  years,  9  months,  and  1  day;  block  12.d.  is 
wrong because it shows that he had no prior active service, whereas he had performed 12 days of 

 

 

15. 

ADT/REBI in 1995, 12 days of ADT in 1996, and 36 total days of ADT in 1997; and block 12.e. 
is wrong because it shows that he had no prior inactive service although under Chapter 1.E. of 
COMDTINST M1900.4D, block 12.e. is supposed to reflect all of his inactive duty time that was 
creditable  for  basic  pay—i.e.,  his  IDT  time  between  August  14,  1995,  and  August  14,  1998.  
Finally, the date of the applicant’s Reserve Good Conduct Award is wrong in that he received in 
on April 24, 1998, not 1999.  Accordingly, the applicant’s DD 214 dated May 15, 2006, should 
be  corrected  to  reflect  these  facts.    Although  he  should  have  received  two  DD  214s  for  his 
Reserve and regular active duty, requiring the Coast Guard to prepare two new DD 214s could 
easily result in new errors, and a remark concerning his period of active duty as a Reserve officer 
may be included in the “Remarks” section in block 18.  
 
 
The  Board  notes  that  under  Chapter  1.B.10.  of  COMDTINST  M1900.4D,  the 
applicant should not have received a DD 214 for the period from September 21 to October 10, 
2008, because he was a reservist serving on active duty for less than 90 days.  Moreover, the cal-
culations of his prior active service time and prior inactive service time in blocks 12.d. and 12.e. 
are  clearly  erroneous.    The  DD  214  shows  in  block  12.d.  that  he  had  completed  7  years,  10 
months, and 28 days of prior active service.  However,  by October 10, 2008, the applicant had 
served on continuous active duty for 7 years, 9 months, and 1 day from August 15, 1998, through 
May 15, 2006; 60 total days of REBI and ADT between August 14, 1995, and August 14, 1998; 
and according to the SOCS, 13 days of ADT in early April 2007 and 12 days of ADT in March 
2008.  In addition, in block 12.e., the DD 214 shows that he had 4 years, 1 month, and 19 days of 
prior  inactive  service.    However,  by  October  10,  2008,  the  applicant  had  accumulated  about  2 
years  and  11  months  of  inactive  service  creditable  for  pay  purposes  from  August  14,  1995, 
through  August  14,  1998,  and  had  served  almost  2  more  years  of  inactive  duty  since  his  reen-
listment on November 7, 2006.  The Board also notes that block 2 erroneously shows that he was 
a member of the regular Coast Guard, and block 12.h. erroneously shows that his effective date 
of pay grade as an MST1 was October 29, 2002, which was his prior date of rank as a lieutenant.  
Therefore, this DD 214 must also be corrected in numerous ways.  
 
Accordingly,  relief  should  be  granted  by  correcting  the  applicant’s  record  in 
 
accordance  with  the  above  findings.    Moreover,  should  these  corrections  result  in  a  net  debt 
owed by the Coast Guard to the applicant, he should receive that money, and should these cor-
rections result in a net debt owed by the applicant to the Coast Guard, that debt shall be waived 
and canceled pursuant to Chapter 11.F. of the Pay Manual because any such erroneous payments 
clearly occurred through administrative error and there is no indication of fraud, misrepresenta-
tion, fault, or lack of good faith on the part of the applicant.6 

16. 

 

                                                 
6  Chapter  11.F.  of  the  Pay  Manual  states  that  a  member  or  former  member  may  submit  a  written  request  “for  the 
cancellation  of  an  indebtedness  to  the  U.S.  Government  which  resulted  from  erroneous  payments  of  pay  and 
allowances made to or on behalf of the member or former member. … 10 USC 2774 gives the Secretary of Depart-
ment of Homeland Security authority to effect waiver of claims for erroneous payments of pay and allowances  … 
when collection of the claim would be against equity and good conscience, and not in the best interest of the United 
States.”  Subparagraph 5.f. states that collection of erroneous payments is against equity and good conscience when 
“the erroneous payment occurred through administrative error and … there is no indication of fraud, misrepresenta-
tion, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining waiver 
of the claim. Any significant, unexplained increase in pay and allowances which would require a reasonable person 
to inquire concerning the correctness of the pay or allowances, ordinarily would preclude a waiver when the member 
fails to bring the matter to the attention of appropriate officials.” 

 

 

ORDER 

 

The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his 
military record is granted as follows.  The Coast Guard shall correct all of his military records, 
paper and electronic, to be consistent with the following facts: 
 
1.  He  originally  enlisted  in  the  Reserve  on  April  24,  1995,  and  he  was  not  a  member  of  the 
Reserve and had no military obligation of any sort prior to that date.  April 24, 1995, is his 
DIEMS and his pay entry base date, as well as the start of his first anniversary year (AY) as a 
reservist and thus his anniversary date until he was integrated into the regular Coast Guard on 
June 16, 2003. 
 

2.  He attended REBI from August 14 to 25, 1995, and these 12 days counted as his ADT for his 
anniversary year ending on April 23, 1996.  Therefore, he received at least 46 total points in 
AY 1996.  He also performed 12 days of ADT in AY 1997 and 36 total days of ADT in AY 
1998  and  thus  earned  satisfactory  years  for  retirement  purposes  in  AY  1997  and  1998 
pursuant to 10 U.S.C. § 12732. 
 

3.  He  was  commissioned  an  ensign  in  the  Reserve  on  August  15,  1998,  and  served  on 
continuous  active  duty  as  a  Reserve  officer  from  August  15,  1998,  through  June  15,  2003, 
and  thus  also  earned  satisfactory  years  for  retirement  purposes  in  AY  1999,  2000,  2001, 
2002, 2003, and 2004. 
 

4.  He  was  promoted  to  lieutenant  on  October  29,  2002,  and  accepted  a  commission  in  the 
regular  active  duty  Coast  Guard  as  a  lieutenant  on  June  16,  2003.    He  served  as  a 
commissioned  officer  in  the  regular  active  duty  Coast  Guard  from  June  16,  2003,  until  his 
discharge on May 15, 2006.  Following a break in service, he reenlisted in the Reserve as an 
MST1 on November 7, 2006. 

 

Furthermore, the Coast Guard shall correct the dates and times in block 12 of his DD 214 
dated  May  15,  2006,  to  reflect  his  continuous  active  duty  from  August  15,  1998,  to  May  15, 
2006, and to be consistent with the above four paragraphs of facts.  In addition, the Coast Guard 
shall add a remark to block 18, “Remarks,” to show that he was a Reserve officer on continuous 
active duty from August 15, 1998, to June 15, 2003, and shall correct the date of his receipt of 
the Reserve Good Conduct Medal to April 24, 1998. 
 
The  Coast  Guard  shall  correct  the  DD  214  dated  September  21,  2008,  by  making  the 
 
dates and times in block 12 consistent with the facts above, including his date of pay grade as an 
MST1, and by changing block 2 to show that he is a member of the Reserve (USCGR). 
 
 
facts above. 
 

The Coast Guard shall also correct his Reserve point statement to be consistent with the 

[ORDER CONTINUES ON NEXT PAGE] 

 

 

 

Finally, the Coast Guard shall remove the SOCS dated August 18, 2009, from his record 

and prepare a new SOCS for him consistent with the facts listed above.   
 

If  these  corrections  result  in  a  net  debt  owed  by  the  Coast  Guard  to  the  applicant,  the 
Coast Guard shall pay him that amount, and if these corrections result in a net debt owed by the 
applicant to the Coast Guard, that debt shall be deemed waived and canceled pursuant to Chapter 
11.F. of the Pay Manual. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Donna M. Bivona 

 
 James E. McLeod 

        

 

 
 Bruce D. Burkley