DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2010-229 
 
Xxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxx   

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 August 10, 2010, 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  July  14,  2011,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

The  applicant  asked  the  Board  to  correct  her  end  of  service  and  expected  active  duty 
termination date from May 28, 2013, to May 1, 2010, and then to release her from active duty 
and enter an extension contract in her record to cover her service from May 1, 2010, until her 
date of release.  The applicant stated that she signed a six-year regular reenlistment contract on 
May 1, 2004, and so her termination date should have been May 1, 2010.  However, the Coast 
Guard refused to release her from active duty on that date.  
 

SUMMARY OF THE RECORD 

 
 
The applicant  originally enlisted in the Coast Guard Reserve on October 23, 1990, for 
eight  years.    She  participated  regularly  until  December  27,  1993,  when  she  enlisted  in  the 
regular, active duty Coast Guard.  Upon her release from active duty (RELAD) on February 5, 
1998, the applicant continued drilling in the Reserve under her original enlistment contract.  On 
October 17, 1998, she reenlisted in the Reserve for six years, through October 16, 2004.  (This is 
the last Reserve enlistment contract in her record.) 
 
 
On May 1, 2004, the applicant reenlisted in the regular, active duty Coast Guard for a 
term of six years, through April 31, 2010.  (This is the last active duty enlistment contract in her 
record.)   However, on  November 18, 2006, the applicant submitted a request for  a temporary 

two-year separation from active duty in accordance with the Temporary Separation Policy.1  She 
included  with  her  request  a  signed  Statement  of  Understanding  of  Conditions  for  Temporary 
Separation and a Notice of Intent to affiliate with the Reserve during her two-year separation.  
The Statement of Understanding acknowledges that she would be discharged or released from 
active duty for up to two years; could enlist in the Reserve to affiliate with the Reserve during 
her temporary separation; and would have to reenlist to return to active duty.   
 

 
The applicant’s request for a temporary separation was approved, and she was discharged 
on June 1, 2007.  Although she affiliated with the Reserve during her temporary separation, she 
did not reenlist in the Reserve and so had no Reserve enlistment contract in effect since her last 
Reserve contract had expired on October 16, 2004. 
 
 
On  December  5,  2008,  the  applicant  submitted  a  Notice  of  Intent  to  Return  to  Active 
Duty After Temporary Separation, which states, in pertinent part, “I hereby notify you I intend to 
return to Active Duty on 01 July 2009 under the provisions of the temporary separation policy.  I 
understand on return to Active Duty, I will enlist in or be appointed to the same grade or rate last 
held while serving on Active Duty.” 
 
 
On January 27, 2009, the Personnel Command issued orders to discharge the applicant 
from the Reserve and enlist her in the regular Coast Guard on May 29, 2009, in accordance with 
Article 1.G.2.a. of the Personnel Manual.2  The orders specified that “no changes to this authori-
zation are allowed without prior written approval from CGPC-epm-1.”  The applicant returned to 
active duty, but there is no new reenlistment contract in her record. 
 
 
On  August  5,  2010,  YN1  S,  a  yeoman,  first  class,  assigned  to  the  Pay  and  Personnel 
Center, prepared a new Statement of Creditable Service (SOCS) for the applicant, which shows 
that her adjusted active duty base date (ADBD) was then October 9, 1989.3  However, no copy 
of this SOCS appears in her Headquarters record.  
 

VIEWS OF THE COAST GUARD 

 
On January 5, 2011, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion recommending that the Board grant partial relief and adopting the findings and 
analysis provided in a memorandum prepared by the Personnel Service Center (PSC). 

 
The  PSC  stated  that,  in  accordance  with  the  orders  issued  on  January  27,  2009,  and 
Article 1.G.2.a. of the Personnel Manual, when the applicant returned to active duty in 2009, she 
should have signed an indefinite reenlistment contract.  The PSC stated that if she has an indefi-

                                                 
1 Article 12.F. of the Personnel Manual allows active duty members to separate from active duty for up to two years 
to pursue education, develop a personal interest, or care for children.  Article 12.F.2.1.a. states that the policy allows 
enlisted members to separate temporarily “with a guarantee of reenlistment.”  Article 12.F.2.1.b. states that under 
the policy, members may affiliate with the Reserve during their temporary separation from active duty. 
2 Article 1.G.2.a. of the Personnel Manual states that members with more than 10 years of active duty must reenlist 
for an indefinite period rather than a term of 3, 4, 5, or 6 years. 
3  ADBDs  are  calculated  by  totaling  all  periods  of  active  duty  and  subtracting  that  time  from  the  current  date.  
Therefore, ADBDs are adjusted whenever a member is serving on inactive duty in the Reserve. 

nite reenlistment contract in her record, the applicant may request a voluntary separation from 
active duty in accordance with Article 12.B.7.d. of the Personnel Manual.4 

 
The PSC submitted a Statement of Creditable Service for the applicant showing that as of 
April 8, 1994, her adjusted active duty base date (ADBD) was April 21, 1993.  Based on that old 
ADBD, the PSC alleged that the applicant’s “expected active duty termination date/end of ser-
vice date should be April 21, 2025, a period of 30 years plus 2 additional years to account for her 
temporary separation period.” 

 
The  PSC  recommended  that  the  Board  correct  the  applicant’s  record  to  show  that  her 
expected active duty termination date/end of service date is April 25, 2025, and to show that she 
signed an indefinite reenlistment contract on May 29, 2009, so that she may seek separation in 
accordance with Article 12.B.7.d of the Personnel Manual. 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
On  February  2,  2011,  the  applicant  responded  to  the  views  of  the  Coast  Guard.    The 
applicant stated that the PSC’s discussion of her ADBD is obsolete.  She stated that the Coast 
Guard prepared a new Statement of Creditable Service for her on July 3, 2010, which shows that 
her ADBD was October 9, 1998, as of that date. 

 
The applicant stated that when she returned to active duty in 2009, she intended to and 
tried to reenlist for an indefinite period.  However, her unit discovered that the database showed 
an erroneous expiration of enlistment date of May 28, 2013, and would not let her reenlist.  She 
and her unit’s yeoman tried for more than a year to get the problem corrected to no avail and she 
was ultimately directed to apply to the BCMR.  She stated that the lack of a reenlistment contract 
in her record also delayed her ability to request release from active duty but that she did so in 
October 2010, and her unit “shopped” her billet for a replacement in the 2011 transfer season. 

 
With  regard  to  her  reenlistment,  the  applicant  stated  that  she  would  sign  a  backdated 
indefinite  reenlistment  contract  only  if  her  request  for  release  from  active  duty  as  of  June  1, 
2011, is approved.  She stated that her active duty spouse has orders to retire in 2011, so she 
wants to return to the Reserve and attend graduate school. 

 

 

SUBSEQUENT EVENTS 

 

On April 26, 2011, in response to an email from the BCMR staff inquiring about her sta-
tus,  the  applicant  stated  that  the  Personnel  Service  Center  (PSC)  had  agreed  to  discharge  her 
from active duty as of June 1, 2011, and she asked the Board to place her case on hold until after 
her discharge.  On June 3, 2011, the BCMR staff learned from the PSC that the applicant had 
been  “released  from  active  duty  and  transferred  to  the  IRR  [Individual  Ready  Reserve] 
component” as of June 2, 2011.  Subsequently, the applicant reported that she had been released 
from active duty; that her DD 214 shows a separation date of June 1, 2011, and “DISCHARGE,” 
rather than “RELAD,” in block 23; that she signed a two-year Reserve reenlistment contract on 
                                                 
4  Article  12.B.7.d.  of  the  Personnel  Manual  provides  procedures  for  members  serving  on  indefinite  reenlistment 
contracts to be voluntarily discharged at the discretion of the Personnel Service Center. 

June  2,  2011;  and  that  the  only  issues  remaining  for  the  Board  to  decide  are  what  contracts 
should be entered in her record to cover her recent Reserve and active duty service. 
 

FINDINGS AND CONCLUSIONS 

1. 

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: 
 
 
applicant was timely filed. 
 

The  Board  has  jurisdiction  over  this  matter  under  10  U.S.C.  § 1552.    The 

2. 

The  applicant  alleged  that  her  end  of  service/expected  active  duty  termination 
date is erroneous and that although her true end of service date, May 1, 2010, had passed, the 
Coast Guard had refused to release her from active duty.  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.5  

 
3. 

 
4. 

 
5. 

The applicant alleged that her end of service date should have been May 1, 2010, 
instead  of  May  28,  2013,  because  she  enlisted  on  active  duty  for  six  years  on  May  1,  2004.  
However, the applicant’s May 1, 2004, enlistment ended when she was voluntarily discharged 
from active duty on June 1, 2007.  Because the 2004 enlistment ended upon her discharge, the 
applicant needed to reenlist in the regular Coast Guard to return to active duty on May 29, 2009.  
The  Personnel  Manual  contains  no  provisions  for  reviving  enlistments  that  have  already 
terminated, and the requirement to reenlist was noted in the documents she signed on November 
18, 2006, to request temporary separation; on her request to return to active duty dated December 
5, 2008; and on the orders authorizing her return to active duty dated January 27, 2009. 

The May 28, 2013, end of service date in the Coast Guard’s database suggests that 
someone entered a 4-year reenlistment in her record when she returned to active duty on May 29, 
2009.    However,  an  indefinite  reenlistment  contract  should  have  been  entered  in  her  record 
instead because the Statement of Creditable Service prepared for her on August 5, 2010, shows 
that she had accumulated more than ten years of active duty in May 2009.6  Therefore, her record 
should be corrected to show that she signed an indefinite regular reenlistment contract on May 
29, 2009. 

The  applicant  affiliated  with  the  Reserve  during  her  temporary  separation  from 
June 2, 2007, through May 28, 2009, but there is no Reserve enlistment in her record to cover 
this  service  because  her  last  Reserve  enlistment  ended  on  October  16,  2004.    Therefore,  her 

                                                 
5 33 C.F.R. § 52.24(b); see Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 
594 F.2d 804, 813 (Ct. Cl. 1979) (holding that absent evidence to the contrary, Government officials are presumed 
to have carried out their duties “correctly, lawfully, and in good faith”). 
6 Article 1.G.2.a. of the Personnel Manual states that personnel reenlisting in the regular, active duty Coast Guard 
who have more than 10 years of active duty must reenlist for an indefinite period. 

record should be corrected to show that she reenlisted in the Reserve for two years on June 2, 
2007.7 

 
6. 

7. 

 
In  preparing  the  advisory  opinion,  the  PSC  relied  on  a  Statement  of  Creditable 
Service (SOCS) prepared for the applicant in 1994, which shows an ADBD of April 21, 1993.  
However, her active duty service has been intermittent, and on August 5, 2010, the PPC prepared 
a new SOCS for her showing that her ADBD was then October 9, 1989.  No copy of this SOCS 
appears in her Headquarters record, so the Board will order the Coast Guard to enter it in her 
record. 
 

Accordingly, the applicant’s record should be corrected to show that following her 
discharge from active duty on June 1, 2007, she reenlisted in the Reserve for two years on June 
2,  2007,  and  reenlisted  indefinitely  in  the  regular  Coast  Guard  on  May  29,  2009,  but  was 
voluntarily  discharged  from  the  regular  Coast  Guard  on  June  1,  2011,  and  reenlisted  in  the 
Reserve for two years on June 2, 2011.  Any dates or documents in her record that conflict with 
these facts should be corrected to reflect these facts.  In addition, the SOCS prepared by the PPC 
on August 5, 2010, should be entered in her Headquarters record. 

 
  

 
 
 

 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

                                                 
7 Article 1.G.2.c. of the Personnel Manual states that reservists may reenlist in the Reserve for terms of 2, 3, 4, 5, 6, 
or 8 years. 

 

record is granted as follows:    
 

ORDER 

The  application  of  xxxxxxxxxxxxxxxxxxxxxx,  USCGR,  for  correction  of  her  military 

The  Coast  Guard  shall  correct  her  record  to  show  that  following  her  discharge  from 
active duty on June 1, 2007, she reenlisted in and affiliated with the Coast Guard Reserve for two 
years on June 2, 2007; reenlisted indefinitely in the regular Coast Guard on May 29, 2009; was 
voluntarily  discharged  from  the  regular  Coast  Guard  on  June  1,  2011;  and  reenlisted  in  the 
Reserve for two years on June 2, 2011.  Any of her records that conflict with these facts shall be 
corrected to reflect these facts.   

 
The  Coast  Guard  shall  also  enter  in  her  record  the  Statement  of  Creditable  Service 
prepared by the Pay and Personnel Center on August 5, 2010, which shows that her active duty 
base date at the time was October 9, 1989. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 

 
 Francis H. Esposito 

 
 
 Dana Ledger   

 

 
 
 Troy D. Byers