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B-192232 1 (1978-12-19)

handle is hein.gao/gaobacuoa0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFIC WASHINGTON, D.C. 20548 fr IN REPLY EERO B-192232 OFFICE OF GENERAL COUNSEL December 19, 1978 Mr. William T. Underwood, Chairman Board for Correction of Military Records (TGC- 20) Office of General Counsel Department of Transportation Dear Mr. Underwood: Reference is made to your letter dated June 20, 1978, with enclosures, wherein you request our views concerning a matter currently before the Coast Guard Board for Correction of Military Records wherein a petitioner seeks, among other things, to have his Coast Guard records corrected to show that he was promoted to a warrant officer grade and so retired, rather than being retired as an enlisted member. The material in the file indicates that the petitioner, having had prior service in the United States Navy, enlisted in the Coast Guard in June 1949. In November 1965, while his name was on the list for advancement from an enlisted grade to a warrant officer grade, he was injured in an automobile accident. A subsequent Coast Guard investigation concluded that the injuries sustained by him were due to his own misconduct and not incurred in line of duty. In 1966, the member was apparently further injured in a second accident, the investigation of which also found that his injuries were the result of his own misconduct and not in line of duty. As a result of the foregoing, his name was removed from the warrant officer promotion list. Thereafter, the member filed an application with the Correction Board, requesting, in essence, that the misconduct - not in line of duty determinations be removed from his record and that his name be restored to the warrant officer promotion list. In its deci- sion, the Board granted relief on the question of misconduct, but denied relief on the issue of restoration of his name to the warrant officer promotion list. The member, who had been serving in grade E-7, remained in that grade and so retired on June 30, 1971, having performed over 24 years of active duty for retirement purposes and 26 years, O 02849

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