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CG | BCMR | Advancement and Promotion | 2009-007
Original file (2009-007.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2009-007 
 
XXXXXXXXXXXX. 
xxxxxxxx, IS3/E-4 
   

 

 
 

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  on  October  10,  2008,  upon 
receipt of the applicant’s completed application, and assigned it to staff members D. Hale and  
J. Andrews to prepare 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  16,  2009,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, an intelligence specialist, third class (IS3), asked the Board to correct his 
record to show that he signed a four-year reenlistment contract on July 16, 2008, to receive a 
Zone  A  selective  reenlistment  bonus  (SRB).1    He  alleged  that  when  he  received  his  transfer 
orders to Portsmouth, VA, he was erroneously counseled about his SRB eligibility and extension/ 
reenlistment options.  He also alleged that he did not receive proper counseling regarding SRB 
eligibility when he changed rates on January 1, 2008.2   
 

The  applicant  stated  that  upon  receiving  transfer  orders  to  Portsmouth,  VA,  he  was 
counseled by a yeoman on his cutter to sign a 46-month extension contract to obligate the service 
necessary to complete a four-year tour.  He alleged that the yeoman told him that: 
 
                                                 
1  SRBs  allow  the  Coast  Guard  to  offer  a  reenlistment  incentive  to  members  who  possess  highly  desired  skills  at 
certain  points  during  their  career.    SRBs  vary  according  to  the  length  of  each  member’s  active  duty  service,  the 
number of months of service newly obligated by the reenlistment or extension of enlistment contract, and the need of 
the Coast Guard for personnel with the member’s particular skills, which is reflected in the “multiple” of the SRB 
authorized for the member’s skill/rating, which is published in an ALCOAST.  Coast Guard members who have at 
least 21 months but no more than 6 years of active duty service are in “Zone A”, while those who have more than 6 
but less than 10 years of active duty service are in “Zone B”.  Members may not receive more than one SRB per 
zone.  Personnel Manual, Articles 3.C. and 3.C.4.a. 
2 On January 1, 2008, the applicant changed to the intelligence specialist rate from the operations specialist (OS) 
rate. 

I did not have to reenlist for my obligated service at that time.  He [the yeoman] 
indicated  that  I  could  extend,  wait  for  the  July  SRB  message  release,  and  then 
reenlist, cashing in on the SRB then.  He informed me that a reenlistment would 
cancel the extension completely and that I would receive the SRB covering the 
time obligated to complete the future assignment. 

The  applicant  stated  that  he  followed  the  yeoman’s  advice  and  signed  a  46-month 
extension  contract  on  May  12,  2008,  to  obligate  sufficient  service  to  accept  the  transfer  to 
Portsmouth,  with  the  understanding  that  he  could  cancel  the  contract  at  his  new  unit  by 
reenlisting for four years to receive a Zone A SRB under ALCOAST 286/08, which went into 
effect on July 16, 2008.   The applicant stated, however, that after arriving at his new duty station 
and inquiring about signing a reenlistment contract for an SRB, he was told that if he cancelled 
the May 12, 2008, extension contract and reenlisted for an SRB under the new ALCOAST, then 
his SRB would be reduced by the 46 months obligated by the May 12, 2008, extension contract.   
 

The  applicant  also  alleged  that  if  he  had  been  properly  counseled  regarding  his  SRB 
eligibility prior to signing the May 12, 2008, 46-month extension contract, then he would have 
delayed signing the extension contract until the new ALCOAST was issued on June 13, 2008.  
He stated that “Commands have a 30 day window for deciding when a member reports.  I could 
have easily negotiated with both commands to report a month later than I had planned, ensuring I 
received the SRB in its entirety had I been properly and fully informed.”   
 

In support of his allegations, the applicant submitted a letter from the commanding officer 
of  his  new  unit,  CAPT  L,  who  stated  that  “I  strongly  recommend  approval  of  [applicant’s] 
request to void his extension dated 12 May 2008 and reenlist with full SRB eligibility.  Based on 
the statements and facts given, as well as the requirements of the CG Personnel Manual, it is 
clear that [the applicant] was not given a proper SRB counseling prior to signing his extension 
agreement.”  

 
The  applicant  also  alleged  that  he  was  not  properly  counseled  regarding  how  his  rate 
change would effect his SRB entitlement.  He alleged that Chapter 3.C.5.7. of the Coast Guard 
Personnel  Manual  requires that “any member who changes rate should be instructed to sign a 
CG-3307, stating that he or she is always aware that they will not receive any bonus entitlement 
for the new rate until they have reenlisted/extended and have attained the new rate.”  He alleged 
that  he  was  not  informed  about  this  requirement  and  “did  not  sign  such  a  document  when  I 
changed rates from OS to IS on 01 January 2008.” 
 

SUMMARY OF THE RECORD 

 

 

 

On September 21, 2004, the applicant enlisted in the Coast Guard for a term of four years, 
through September 20, 2008.  On January 1, 2008, he switched from the OS rate to the IS rate.  
On May 12, 2008, while assigned to the CGC LEGARE, which is homeported in Portsmouth, 
Virginia,  he  signed  a  46-month  extension  contract  to  obligate  service  (OBLISERV)3  for  a 

                                                 
3  Obligated  service  is  all  periods  of  military  service  covered  by  signed  agreements  in  the  form  of  enlistment 
contracts,  reenlistment  contracts,  and/or  agreements  to  extend  enlistment  between  Coast  Guard  members  and  the 

EFFECT OF EXTENSION/REEXTENSION ON SRB ENTITLEMENT 

 
I fully understand the effect my extension/reextension will have upon my current and future SRB 
eligibility. I understand that continued entitlement to unpaid installments may be terminated and a 
prorated  portion  of  advance  bonus  payments  recouped  if  I  am  considered  not  to  be  technically 
qualified or unable to perform the duties of the rating for which the bonus was paid.  In accordance 
with  the  provisions  of  COMDTINST  7220.33  (series),  I  further  acknowledge  that  I  have  been 
given the chance to review COMDTINST 7220.33 (series) concerning my eligibility for SRB and 
have had all my questions answered. 

 

On June 13, 2008—after the applicant signed the extension contract to accept his transfer 
order  and  ten  days  before  he  reported  to  his  new  unit—ALCOAST  286/08  was  issued 
announcing new SRB multiples that would go into effect on July 16, 2008. Under ALCOAST 
286/08,  members  in  the  applicant’s  rating  were  eligible  for  a  Zone  A  SRB  calculated  with  a 
multiple of 1.0. 

 

 

transfer  to  a  shore  unit  in  Portsmouth,  VA,  but  he  was  not  eligible  for  an  SRB  under  the 
ALCOAST in effect at the time.  The applicant’s orders, issued on November 7, 2007, state that 
the “assignment requires four (4) years OBLISERV.”  The orders also state that the applicant was 
to serve at Portsmouth from July 15, 2008, to July 1, 2012.  However, he reported to the unit on 
June 23, 2008.  The applicant’s orders also state: 

 
THE  MAXIMUM  AMOUNT  OF  TIME  COMMANDS  CAN  ADJUST  A  REPORT  DATE, 
WITH  CONCURRENCE  OF  THE  DEPARTING  AND  RECEIVING  COMMAND  AND 
WITHOUT PRIOR APPROVAL FM CGPC-EPM-2, IS 30 DAYS. 
 
On  May  12,  2008,  when  the  applicant  signed  the  46-month  extension  contract, 
ALCOAST  304/07  was  in  effect.    Under  ALCOAST  304/07,  no  SRB  was  authorized  for  the 
applicant’s  rating.    There  is  no  Page  74  in  the  applicant’s  record  to  document  that  he  was 
counseled about SRBs upon signing the extension contract. However, the applicant’s extension 
contract states the following: 

VIEWS OF THE COAST GUARD 

 
 
On February 25, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion and recommended that the Board grant relief.  The JAG noted that the Coast 
Guard failed to counsel the applicant regarding his eligibility for an SRB when he signed his 46-
month extension contract on May 12, 2008.  The JAG stated that “it is believable that had the 
applicant been counseled properly, he would have elected to adjust his report date to 15 August 
2008, vice 15 July 2008, so that he could extend his enlistment for a period of six (06) years, in 
order  to  receive  the  Zone  A  SRB  he  would  have  been  entitled  to.”    Accordingly,  the  JAG 
recommended  that  the  Board  correct  the  applicant’s  record  by  voiding  the  May 12, 2008, 46-
month extension contract and allowing him to reenlist for six years on July 18, 2008, for a Zone 
A SRB in accordance with ALCOAST 286/08.  The JAG did not comment on the applicant’s 

                                                                                                                                                             
U.S. Coast Guard where members agree to serve for designated periods of time.  Article 3.C.2.7. of the Coast Guard 
Personnel Manual. 
4  A  Page  7  (CG-3307,  or  Administrative  Remarks)  entry  documents  any  counseling  that  is  provided  to  a  service 
member as well as any other noteworthy events that occur during that member’s military career. 

allegation  that  he  was  not  counseled  regarding  his  rate  change  and  its  effect  on  his  SRB 
eligibility. 
 

RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On March 5, 2009, the Chair sent the applicant a copy of the views of the Coast Guard 
and invited him to respond within 30 days.  The applicant responded on March 11, 2009, stating 
that  he  agreed  with  the  Coast  Guard’s  recommendation  that  his  extension  contract  should  be 
voided  so  he  can  “make  another  extension  or  reenlistment  after  the  15  July  08  date  without 
incurring any penalty and qualifying me for the Zone A SRB, with a multiple of 1.”  However, 
the applicant stated, he wanted to reenlist for only four years. 
 

APPLICABLE LAW 

 
Article 3.C.3. of the Coast Guard Personnel Manual requires that all personnel with 10 
years or less of active service who reenlist or extend for any period shall be counseled on the 
SRB program and shall sign a Page 7 outlining the effect that particular action has on their SRB 
entitlement. 
 

Article 3.C.5.6. states that extensions may be canceled prior to their operative dates for 
the purpose of extending or reenlisting for a longer term to earn an SRB.  However, if the term of 
the canceled extension is longer than two years (24 months), the extension reduces the number of 
months  used  to  calculate  the  SRB  because  SRBs  are  based  only  on  months  of  service  newly 
obligated under a reenlistment (or extension) contract. 

 
Article 3.C.11.1. provides that a Page 7 entry must be made any time a member reenlists 
or extends an enlistment.  The Page 7 that a member must sign after receiving SRB counseling 
states the following:  
 

DATE:  I have reviewed Article 3.C.12. of the Personnel Manual entitled “Frequently Asked SRB 
Questions and Answers.”  I have been informed that: 
 
My  current  Selective  Reenlistment  Bonus  (SRB)  multiple  is  ____  and  is  listed  in  ALCOAST 
______, which has been made available for my review. 
 
In accordance with article 12-B-4 I am eligible to reenlist/extend my enlistment for a maximum of 
____ years. 
 
My SRB will be computed based on ____ years newly obligated service.  (If extension/reenlist-
ment is for less than 36 months, enter “00”) 
 
The  following  SRB  policies  were  unclear  to  me,  but  my  SRB  counselor  provided  me  with  the 
corresponding answers:  (list specifics)  

_________________________ 
(Signature of Member/date) 

 
 

 
 

 
 

________________________ 
(Signature of Counselor) 

FINDINGS AND CONCLUSIONS 

 

 

 

The application was timely. 

1. 

 
2. 

The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the  

 
applicant's military record and submissions, the Coast Guard's submission, and applicable law: 
 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.  

The applicant alleged that he was erroneously counseled regarding the effect his 
May 12, 2008, extension contract would have on his future eligibility for an SRB.  He alleged 
that  his  unit’s  yeoman advised him that because there was  currently no SRB available for his 
rate, he should sign a 46-month extension contract to obligate the required service for the transfer 
to Portsmouth, and that if an SRB multiple was approved for his rating in July, he could cancel 
the extension by reenlisting for the SRB after he arrived at his new unit.  The applicant stated that 
this counseling was erroneous because after arriving in Portsmouth he learned that cancelling the 
May  12,  2008,  contract  by  reenlisting  for  an  SRB  would  reduce  his  SRB  by  the  46  months 
obligated by the extension contract.  The applicant asked the Board to cancel the May 12, 2008, 
46-month extension contract and allow him to reenlist for four years on July 16, 2008, for an 
SRB not reduced by the service obligated by the May 12, 2008, extension contract.   
 
The  JAG  recommended  that  the  Board  grant  relief  in  this  case,  noting  that  the 
 
Coast Guard failed to counsel the applicant regarding his eligibility for an SRB when he signed 
his  46-month  extension  contract  on  May  12,  2008.    The  Board  agrees.    Pursuant  to  Articles 
3.C.3.  and  3.C.11.1.  of  the  Personnel  Manual,  the  Coast  Guard  was  required  to  counsel  the 
applicant regarding his SRB eligibility and to document that counseling on a Page 7.  There is no 
such Page 7 in his record. 
 
Accordingly, the Board will grant the relief recommended by the JAG, except that 
 
the applicant has requested a four-year reenlistment in lieu of the six-year contract that the JAG 
recommended. 

3. 

4. 

 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

The application of XXXXXXXXXX, xxxxxxxxx, USCG, for correction of his military 

ORDER 

 

record is granted as follows: 

 
The Coast Guard shall correct his record to show that he signed a four-year reenlistment 
contract on July 16, 2008, for a Zone A SRB pursuant to ALCOAST 286/08.  The Coast Guard 
shall remove his May 12, 2008, 46-month extension contract from his record as null and void, 
and pay him the amount due as a result of these corrections. 
 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Lillian Cheng 

 

 

 
 Nancy L. Friedman 

 

 

 
 Vicki J. Ray 

 

 

 

 

 

 

 

 

 

 

 

 

 



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