The Chief Counsel also argued that, even if the Board found that the Coast Guard had erred and that the applicant would have extended his service if he had been counseled, the Board should still deny relief because, under the Supreme Court’s deci- 3 Although there are records for only two extensions prior to the applicant’s reenlistment on July 5, 1987, the applicant must have extended his first enlistment three times. Based on the applicant’s allegations, his military record, and the views...
The applicant in BCMR 54-97 enlisted in the Coast Guard for four years in 19xx and thereupon reenlisted for three years. The applicant in BCMR 69-97 enlisted in the Coast Guard in 19xx for four years and in 1980 reenlisted for six years. The Coast Guard has retained him for the six-year period, and, to quote the Deputy General Counsel in Dockets 54-97 and 69-97, “that is a sufficient basis on which to conclude that Coast Guard would have retained applicant for six years if he had obligated...
This final decision on reconsideration, dated August 27, 1998, is signed by the This reconsideration proceeding has been conducted under the provisions of RELIEF REQUESTED In his original application, filed on March 20, 1991, the applicant, a xxxxxxxxxx in the United States Coast Guard, asked the Board to correct his military record to show that he had extended his enlistment or reenlisted in February 1982 for a period of 6 years, so that he could receive a Selective Reenlistment Bonus (SRB)...
APPLICANT’S ALLEGATIONS The applicant signed a form to extend his enlistment on September 28, 1997. On September 30, 1997, the Commandant of the Coast Guard issued ALDIST 226/97, which allowed members within 30 days of the end of their enlistment periods to receive an SRB if they reenlisted or extended their current enlistments between October 1, 1997, and March 31, 1998. The chief yeoman also stated that, after ALDIST 226/97 was issued, she asked the PERSRU to prepare paperwork that would...
In fact, under the terms of ALDIST 135/97, he was eligible to cancel his extension and reenlist on July 1, 1997, to receive the Zone A SRB.1 By the time he discovered the error, on December 12, 1997, it was too late 1 SRBs vary according to the length of each member’s active duty service, the length of the period of reenlistment or extension of enlistment, and the need of the Coast Guard for personnel with the member’s particular skills. VIEWS OF THE COAST GUARD On January 12, 1999, the...
However, he stated that the Coast Guard recommended relief because the applicant’s agreement to obligate himself for another two years of service would provide the Service with “the necessary consid- eration for the Level II Bonus he now seeks.” Furthermore, the Chief Counsel stated that the applicant’s record supports his claim that he would have reenlisted for 6 years on May 22, 1998, had he known of the bonus opportunity. (3) of the Personnel Manual provides that during a member’s...
The Chief Counsel stated that, on the date of his reenlistment, the applicant was eligible for a Level I bonus pursuant to ALDIST 072/98 and the Selected Reserve Reen- listment/Extension Bonus Program. He alleged that neither COMDTINST 7220.1A nor any other regulation required the Coast Guard to advise Reserve members of their eligibility for bonuses. Because Article 8-B-2 of the Reserve Policy Manual expressly makes the terms of Article 12-B-4 applicable to the Selected Reserve, the Board...
This final decision, dated July 22, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that he was discharged on his six-year active duty anniversary date, December 10, 1997, and immediately reenlisted for a term of six years. (9) of Enclosure (1) to Commandant Instruction 7220.33, the applicant was eligible to be discharged on the sixth anniversary of his...
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. This final decision, dated August 5, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that on October 22, 1997, the sixth anniversary of his enlistment, he was discharged and reenlisted for six years. The Chief Counsel...
Appli- cant’s record also demonstrates that he is a good performer ….” However, the Chief Counsel noted that, if the applicant had extended his original enlistment contract for two years on January 24, 1996, he would have had to execute another, 38-month extension on January 23, 1998, in order “to meet his PCS OBLISERV for accepting orders to the CGC xxxxxx.” Therefore, the Chief Counsel argued, “the Board’s Order should state that the Applicant had prior obligated service through 22 March...
This final decision, dated September 9, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that, in 1982, he extended his enlistment so that he could receive a Zone B Selective Reenlistment Bonus (SRB) pursuant to ALDISTs 340/81 and 004/82. Thus, the Board finds that the Coast Guard did have a duty to coun- sel the applicant about his eligibility for an SRB by...
APPLICANT’S ALLEGATIONS The applicant alleged that when he received permanent change of station (PCS) orders in March 1998, he was told that, to accept the orders, he was required to extend his enlistment through the end of his new tour of duty. He alleged that had the Coast Guard counseled him properly, he would not have extended his contract for three years. Although the counseling owed to the applicant was memorialized in his extension contract on the day he signed it, rather than on a...
This final decision, dated September 23, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record by voiding his current reenlistment contract and releasing him from his military obligation due to an administrative error. “If this is not possible, I request that my reenlistment date of 31 March 1998 be changed to 01 April 1998 in order to qualify for the [SRB].” APPLICANT’S...
This final decision, dated September 23, 1999, is signed by the three duly RELIEF REQUESTED DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The applicant alleged that he extended his contract for six years to receive the SRB. The Chief Counsel also stated that the applicant is an outstanding performer who “took appropriate action to rectify the alleged error after its discovery.” The Chief...
On March 15, 1997, six months prior to the end of his enlistment, the applicant’s command made a page 7 entry in his record stating, “reenlistment interview conducted this date per Article 12-B-4 Personnel Manual … .” Four months later, on July 15, 1997, the applicant reenlisted for five years, through July 14, 2002. They shall sign a page 7 service record entry, enclosure (3), outlining the effect that particular action has on their SRB entitlement.” Enclosure (3) to the SRB Instruction...
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. VIEWS OF THE COAST GUARD On September 7, 1999, the Chief Counsel of the Coast Guard recommended that the Board grant relief in this case. If the Coast Guard had properly counseled the applicant, he would have reenlisted for six years to receive the SRB.
Therefore, on November 16, 1998, the applicant signed a third extension contract, extending his enlistment for two years and six months, through February 3, 200x. The Chief Counsel explained that the applicant’s PCS orders to xxxxx stated that he was required to have at least three years of obligated service before reporting to his new unit. Unless otherwise indicated, they are required to have one year of OBLI- SERV remaining upon reporting to the new unit.” ALDIST 290/98, issued on...
AMENDED ORDER The Board’s order correcting the military record of XXXXX, USCG, is hereby amended to read as follows: Her record shall be corrected to show that on December 24, 1998, she reenlisted The extension contracts signed by the applicant on September 30, 1998, and for six years for the purpose of receiving an SRB with a multiple of three under ALDIST 290/98. 1999-056 The applicant, a xxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct her military record by...
This final decision, dated November 18, 1999, is signed by the three duly RELIEF REQUESTED DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The Chief Counsel further stated that the applicant knowingly extended his enlistment for six years to receive an SRB based on his additional obligated service. After ALDIST 135/97 became effective on July 1, 1997, the applicant was eligible to receive an...
This final decision, dated October 7, 1999, is signed by the three duly RELIEF REQUESTED The applicant, an xxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record by canceling a four-year reenlistment contract he signed on February 11, 1998, so that he may reenlist and receive a selective reenlistment bonus (SRB). The Chief Counsel stated that “[a]lthough there is sufficient legal basis to deny relief in this case, the totality of the circumstances indicate...
The applicant alleged that, had the ALDIST been properly issued at least one month before its effective date, he would have canceled the extension he signed on October 20, 1998, and extended his contract for just a month in order to remain eligible to receive an SRB under ALDIST 290/98 for three full years of service. On February 2, 1999, the applicant’s commanding officer wrote a letter to the BCMR “strongly endors[ing] his request that this matter be addressed by the Board.” He stated...
(3) of COMDTINST 7220.33, the applicant’s extension did not qualify her to receive an SRB because, although it was signed on January 21, 1998, it did not become operative until October 31, 1998, almost six months past her tenth anniversary on active duty. (3) of Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment Bonus Programs Administration) states that to be eligible for a Zone B SRB, a member must “[h]ave completed at least 6 but not more than 10 years active service on the...
This final decision, dated December 30, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxx on active duty in the Coast Guard, asked the Board to correct his military record by changing the reason for extension recorded on an extension contract he signed on September 10, 1998, from “request of individual” to “obligated service for transfer.” The correction would entitle him to receive a larger Selective Reenlistment Bonus (SRB) for a 40-month extension he signed on...
If the applicant produces such evidence, the Chief Counsel stated, the Board should correct his record by canceling the three-year reenlistment dated July 23, 1997, reinstating the seven-month extension, and creating a new six-year enlistment begin- ning on February 26, 1998, which would make him eligible for an SRB with a multiple of one-half under ALDIST 226/97. The Chief Counsel argued that the Board should grant relief in this case by voiding the July 23, 1997, reenlistment contract,...
1999-097 The applicant, a xxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to make him eligible to receive a Zone A Selective Reenlistment Bonus (SRB).1 APPLICANT’S ALLEGATIONS On his application, the applicant alleged that “at the end of my first enlistment in 1993, I was not properly counseled as per COMDTINST 7220.33. Therefore, he “opted to get off of active duty and stay in the active reserve hoping the srb would be reinstated.” He alleged...
Coast Guard members who have at least 21 months but no more than 6 years of active duty service are in “Zone A.” Members who have completed at least 6 years but no more than 10 years of active duty service are in “Zone B.” Members in the same rating may receive SRBs for this Zone A SRB but failed to do so. VIEWS OF THE COAST GUARD On November 17, 1999, the Chief Counsel of the Coast Guard recommended that the Board grant relief in this case by correcting his record to show that he...
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. This final decision, dated February 10, 2000, is signed by the three duly RELIEF REQUESTED The applicant, an xxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that he was discharged on his 6-year active duty anniversary date, April 1, 1999, and immediately reenlisted for a term of 6 years. Coast...
VIEWS OF THE COAST GUARD On January 14, 2000, the Chief Counsel of the Coast Guard recommended that the Board “grant relief” not by awarding the applicant the promised bonus but by giving him a choice of three options: • Correct his enlistment contract to show that he entered a rating that quali- fies him for a bonus under ALDIST 072/98 (he would also have to attend “A” School in the new rating). The Chief Counsel admitted that the applicant’s recruiter promised him a bonus upon enlistment...
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. VIEWS OF THE COAST GUARD On January 14, 2000, the Chief Counsel of the Coast Guard recommended that the Board “grant relief” not by awarding the applicant the promised bonus but by giving her a choice of three options: • Correct her enlistment contract to show that she entered a rating that qualifies her for a bonus under ALDIST 224/98 (she would...
1999-154 The applicant, a xxxxxxx on active duty in the Coast Guard, asked the Board to make him eligible for a Zone A Selective Reenlistment Bonus (SRB)1 pursuant to ALDIST 226/97 by correcting his record to show that on June 23, 1997, he extended his enlistment for the minimum of two years, rather than reenlisting for three years, and that he later cancelled this extension to reenlist for six years after the SRB became effective on October 1, 1997. He alleged that he was “led to believe...
On February 12, 199x, the applicant’s CO documented his “second alcohol incident” with a page 7 in his record. According to Article 20.B.2.h.2., “[e]nlisted members involved in a second alcohol incident will normally be processed for separation in accordance with Article 12.B.16.” Under the Military Rules of Evidence, Rule 304(h)(4), if a member refuses a lawful order to submit to a breathalyzer test, the “evidence of such refusal may be admitted into evidence on … [a]ny other charge on...
This final decision, dated August 17, 2000, is signed by the three duly appointed RELIEF REQUESTED The applicant, an xxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record by canceling a six-year reenlistment contract he signed on July 7, 1999. VIEWS OF THE COAST GUARD On May 24, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant partial relief in this case.2 The Chief Counsel stated that the applicant’s reenlistment contract...
This final decision, dated May 18, 2000, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to make him eligible for a selective reenlistment bonus (SRB)1 under ALDIST 290/98. VIEWS OF THE COAST GUARD On March 28, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request for relief by reenlisting him for six years as of April 19, 1999. The Chief...
This final decision, dated August 17, 2000, is signed by three duly appointed RELIEF REQUESTED DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. 1999-182 The applicant, a xxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that he reenlisted for four years on his sixth anniversary on active duty, May 10, 1999, to receive a Zone A selective...
This final decision, dated July 26, 2000, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that he reenlisted on February 1, 1996, for a term of 4 years. APPLICANT’S ALLEGATIONS The applicant alleged that, pursuant to Coast Guard regulations, he should have been counseled concerning his eligibility for an SRB during the three months prior to 1 SRBs vary according to the length of...
The contract shows his rank as XX2 and indicates his entitlement to an SRB based on a multiple of two under ALDIST 290/98.1 VIEWS OF THE COAST GUARD On April 19, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request. The Chief Counsel stated that the applicant should be granted relief because there is no documentation of SRB counseling in his record and proper counseling would have informed him that he should wait a day before reenlisting to...
The Chief Counsel stated that when the applicant’s records are found, “we expect to find a record of counseling among Applicant’s former service records docu- menting his pre-discharge interview conducted in accordance with Article 12.B.4.” of the Personnel Manual. If the applicant underwent a proper pre-discharge interview in accordance with Article 12-B- 4.b., it would have occurred at approximately the same time and an administrative entry documenting the interview should appear in his...
This final decision, dated July 13, 2000, is signed by the three duly appointed RELIEF REQUESTED The applicant, a xxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that he was discharged and reenlisted for a term of six years on March 13, 1999, his tenth anniversary on active duty. VIEWS OF THE COAST GUARD On June 26, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request. The Chief Counsel...
VIEWS OF THE COAST GUARD On June 26, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request. (3) of Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment Bonus Programs Administration) states that to be eligible for a Zone B SRB, a member must “[h]ave completed at least 6 but not more than 10 years active service on the date of reenlistment or the operative date of the extension.” Section 3.d. The Chief Counsel recommended that the Board...
This final decision, dated November 16, 2000, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a xxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that, in 1982, he extended his enlistment for six years so that he could receive a Zone A Selective Reenlistment Bonus (SRB)1 with a multiple of 4, pursuant to ALDISTs 340/81 and 004/82. On October 1, 1981, the Commandant of the Coast Guard issued ALDIST 340/81,...
This final decision, dated July 26, 2000, is signed by the three duly RELIEF REQUESTED DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. There is no documentation of any SRB counseling in the applicant’s record prior VIEWS OF THE COAST GUARD On June 29, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request. The Chief Counsel also stated that the...
He alleged that if he had known about the requirement that he be in pay grade E-5 to receive a Zone B SRB, he would not have reenlisted for six years but would have 1 SRBs vary according to the length of each member’s active duty service, the length of the period of reenlistment or extension of enlistment, and the need of the Coast Guard for personnel with the member’s particular skills, which is reflected in the multiple used to calculate the bonus. Coast Guard members in pay grade E-5 and...
Coast Guard members who have served 6 or less years on active duty are in “Zone A.” Members may only receive one SRB per zone. On January 21, 2000, the applicant extended his enlistment for one year, through VIEWS OF THE COAST GUARD On July 28, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant relief in this case. ORDER The application of XXXXXXXXXX, USCG, for correction of his military record is hereby granted as follows: His record shall be corrected to show...
APPLICANT’S ALLEGATIONS The applicant stated that on his tenth active duty anniversary, he was eligible for an SRB and that, pursuant to Coast Guard regulations, he should have been counseled about his eligibility. Coast Guard members who have served between 6 and 10 years on active duty are in “Zone B.” Members may only receive one SRB per zone. VIEWS OF THE COAST GUARD On August 2, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant relief in this case.
The applicant alleged that the Coast Guard had a duty to counsel members about SRB opportunities, but he was never counseled about his eligibility to receive a Zone A or a Zone B SRB by extending his enlistment in February 1982. Coast Guard members who have served between 21 months and 6 years on active duty are in “Zone A,” while those who have more than 6 but less than 10 years of active duty service are in “Zone B.” In 1982, the applicant was still in Zone A, but because his enlistment,...
On August 16, 2000, the Chief Counsel of the Coast Guard recommended that the Board correct the applicant’s record to show that he reenlisted for 6 years on June 3, 1999. FINDINGS AND CONCLUSIONS Under COMDTINST 7220.33, the applicant was entitled to counseling concerning his eligibility to be discharged prior to his tenth active duty anniversary, June 29, 1999, in order to reenlist and receive a Zone B SRB under ALDIST 290/98. It shall be corrected to show that he was discharged and...
2000-074 Application for the Correction of the Coast Guard Record of: SUMMARY OF THE RECORD ANDREWS, Attorney-Advisor: The applicant asked the Board to correct his record to show that he reenlisted for 6 years, instead of extending his enlistment for 3 years, on January 15, 1999, prior to his sixth active duty anniversary on January 19, 1999. On August 22, 2000, the Chief Counsel of the Coast Guard recommended that the Board correct the applicant’s record to show that he reenlisted for 6...
Moreover, he stated, even if the applicant had reenlisted or extended his enlistment for six years on that date or any time prior to the end of his enlistment on October 24, 1998, he would not have received an SRB because none was authorized for members in the AVT rating. of Enclosure (1) provides that, to be eligible to receive an SRB, the member must sign a reenlistment or extension contract of at least three years while an ALDIST authorizing an SRB for his rating is in effect. Nor were...
2000-080 Application for the Correction of the Coast Guard Record of: SUMMARY OF THE RECORD ANDREWS, Attorney-Advisor: The applicant asked the Board to correct his record to show that he reenlisted for 6 years, instead of extending his enlistment for 2 years and 9 months, on September 29, 1999. He alleged that if he had been properly counseled, he would have reenlisted for 6 years on September 29, 1999, to receive the SRB because at that time he only had three months of previously obligated...
2000-092 SUMMARY OF THE RECORD ANDREWS, Attorney-Advisor: On March 16, 2000, the applicant asked the Board to correct his record to show that he reenlisted for 6 years on April 1, 1998, to be eligible for a Zone A SRB under ALDIST 046/98. A page 7 entry in his record shows that he was erroneously counseled that he would receive a Zone A SRB if he extended his enlistment for 3 years. On September 20, 2000, the Chief Counsel of the Coast Guard recommended that the Board correct the...