If an enlisted service member receives an appointment as a temporary CWO, signed by the President; and later that appointment is revoked by a line officer signing "by direction of the secretary"; and it is later found that this line officer does not have 'by direction' authority of the secretary, only by direction authority of the commandant what process does the service member have to correct this and what is the time limit?
This occurred four years prior to my Retirement, and I have been retired now (as an E-8) for quite a few years as well. I knew from the start that the revocation letter was signed by someone that had "By Direction authority" at the USCG Headquarters Level, however only recently discovered that this individual in all probability did not have By Direction authority of the Secretary of Transportation, as would be required in the applicable USC. I had received my appointment as a permanent WO-1 and temporary CWO-2, which I held for 2 years, 11 months and 29 days. Thanks
Have you thought of applying to the BCMR? You are still within the window to apply for a correction with them. You only have 3 years with the CG PRRB.
If you have documentation that shows the CG had violated their own policies, you may have a good chance of success at the Board. But you do not state why your commission was revoked in the first place.
Thank you for giving me the opportunity to help you.
Highly experienced 18 year JAG; former lead prosecutor and defense attorney now in private practice
Monica,Thanks for the response. I have considered applying to the BCMR, however, did not know where to start and that would be another topic altogether. I did not know of the 3 year CG PRRB limitation so thank you for that information as well. I was singled out by a single senior line officer (O-6), who was transferred to head the department I was in after my having worked there successfully for 2 years under another O-6 that retired. I made the mistake of correcting him repeatedly in front of others, and he took it upon himself to make my fitness reports so poor as well as manufactured other documents to ensure that my temporary appointment would be able to be revoked before the 3 year period where it would become pemanent, and a formal bourd then would have had to take place (this was accomplished with less than 24 hours to spare on their part). It was a personal vendetta on his part that he told me behind closed doors he would do, as I had embarrassed him and spoke my mind rather than just follow his wants and wishes. The CG initially violated their own policies in processing this with only one week before my 3 years was up & when I pointed out (which in hind sight I should not have) the improper procedure, they came up with "For good and sufficient reasons as determined by the Secratary of Transportation" which can happen within the 3 year period. The letter was signed at USCG Headquarters as I previously stated, "By Direction". I have just recently been made aware (by another USCG Retiree) that this officer that signed the letter only had limited "By Direction" authority, not that of the Secratary, and was a classmate at the CG Academy of the O-6 that sindled me out. It makes me quite suspect of how this ws able to be processed so quickly back then, and needed a sounding board. I have gone on long enough and I am sorry for taking up so much of your time. Incidentally, When I had my Temporary Appointment revoked, I was reverted to the grade of E-7 that I had previously held. Less than 3 years later I was promoted to E-8, finishing #2 out of 42 being considered that year for this Promotion (which improved my mental state considerably, erasing many of my own doubts). I thought I'd throw that in, just FYI. Gary
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