DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 1998-054
FINAL DECISION
ANDREWS, Attorney Advisor:
This proceeding was conducted according to the provisions of section
1552 of title 10, United States Code. It was commenced upon the BCMR’s receipt
of the applicant’s request for correction on February 3, 1998.
appointed members who were designated to serve as the Board in this case.
This final decision, dated February 25, 1999, is signed by the three duly
RELIEF REQUESTED
The applicant, a former xxxxxxxxxxxxx in the United States Coast Guard,
asked the Board to correct his military record by changing his reenlistment code
from RE-4 (not eligible for reenlistment) to RE-1 (eligible for reenlistment).
ALLEGATIONS OF THE APPLICANT
The applicant alleged that he was honorably discharged at the end of his
enlistment in xxxxxxxx 1995. He stated that after he noticed that he had been
assigned an RE-4, he questioned it and was told there was nothing he could do to
change it. He alleged that there was no reason for him to have received an RE-4.
He now wishes to reenlist in the Coast Guard.
VIEWS OF THE COAST GUARD
On January 21, 1999, the Chief Counsel of the Coast Guard submitted an
advisory opinion recommending that the Board grant the requested relief.
The Chief Counsel attached to his advisory opinion a memorandum that
he had received from the Coast Guard Personnel Command (CGPC) on July 16,
1998. CGPC explained that the applicant had been reviewed by a Centralized
First Term Re-enlistment Review (CFTRR) Panel in December 1994 because his
first, four-year enlistment was scheduled to end in xxxxxxxxx 1995. Although
the applicant’s command had recommended him for reenlistment, the applicant
indicated that he did not wish to reenlist. The CFTRR Panel based its decision to
deny him reenlistment authorization solely on his indication that he did not wish
to reenlist. (At the time, members discharged by the CFTRR Panel could only be
assigned RE-4 codes, but this policy has now changed.)
CGPC stated that there was only one negative administrative entry (page
7) in the applicant’s record. His evaluations indicate that he was “an above
average performer.” The applicant would have received an RE-1 code had he
indicated that he wished to reenlist. Therefore, CGPC recommended that the
applicant’s reenlistment code be changed to RE-1.
SUMMARY OF THE RECORD
The applicant enlisted on xxxxxxx 24, 1991, for a period of four years
under the delayed entry program. His record contains one positive and one
negative page 7 entry. He received the National Defense Service Medal on
xxxxx, 199x.
The applicant was honorably discharged on xxxxxxx, 1995. The narrative
reason for his discharge is listed as “completion of required active service” and
his separation code is JBK (“involuntary discharge directed . . . upon completion
of required service”).
APPLICABLE REGULATIONS
Article 1.G.5.8. of the Personnel Manual (COMDTINST M1000.6) states
that “[f]irst term personnel are not eligible for reenlistment without authority
from the Centralized First Term Reenlistment Review (CFTRR).”
FINDINGS AND CONCLUSIONS
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:
1.
The Board has jurisdiction concerning this matter pursuant to sec-
tion 1552 of title 10, United States Code. The application was timely.
The applicant alleged that he had wrongly been assigned an RE-4
reenlistment code when he was discharged in xxxxxx 1995. He asked the Board
to change it to RE-1.
The Chief Counsel recommended that the Board grant the
requested relief. CGPC explained that the applicant had been recommended for
reenlistment by his command but had been assigned an RE-4 because he was
discharged by the CFTRR. At the time, the CFTRR Panel assigned RE-4s to any
persons being discharged who indicated that they did not wish to reenlist at that
time. However, the applicant’s command had recommended him for reenlist-
ment.
The Board finds that the Coast Guard committed an injustice in
discharging the applicant with an RE-4 reenlistment code based solely on his
indication that he did not wish to reenlist.
Accordingly, the applicant’s request for relief should be granted,
and his DD Form 214 should be corrected to show that he received an RE-1
reenlistment code rather than an RE-4.
2.
3.
4.
5.
[ORDER AND SIGNATURES ON FOLLOWING PAGE]
ORDER
The application for correction of the military record of XXXXXX, USCG, is
Block 27 on the applicant’s DD Form 214 shall be corrected by replacing
Robert H. Joost
hereby granted as follows:
the RE-4 reenlistment code with an RE-1 reenlistment code.
Michael K. Nolan
Walter K. Myers
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...
CG | BCMR | Discharge and Reenlistment Codes | 1999-163
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