DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 1998-045
FINAL DECISION
ANDREWS, Attorney-Advisor:
This is a proceeding under the provisions of section 1552 of title 10 of the United
States Code. It was commenced upon the BCMR’s receipt of the applicant’s application
on January 13, 1998.
appointed members who were designated to serve as the Board in this case.
This final decision, dated December 10, 1998, 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 he had extended his enlistment for
three years on October 1, 1997. The correction would entitle him to receive a Selective
Reenlistment Bonus (SRB) pursuant to ALDIST 226/97.
APPLICANT’S ALLEGATIONS
The applicant signed a form to extend his enlistment on September 28, 1997. He
alleged that, “when [he] signed the [extension form, he] was under the impression that
[he] was extending [his] enlistment for 3 years and [he] would receive a SRB. [He]
assumed the PERSU had prepared the correct paperwork to reflect [his] intentions and
[he] signed it.” On December 30, 1997, however, he discovered that the district Person-
nel Unit (PERSU) had incorrectly dated the form September 30, 1997, instead of October
1, 1997, as required by ALDIST 226/97. In addition, the PERSU incorrectly extended his
enlistment for only two years instead of three.
The applicant stated that he had originally intended to extend his enlistment for
two years. However, after having been counseled by his ship’s chief yeoman about an
upcoming SRB opportunity, he changed his mind. The applicant stated that he
“believe[s] that the PERSU was working off an old Career Intentions Worksheet . . . .”
He alleged that “[a]fter the SRB message was released, the ship’s office and the PERSU
sent emails discussing my extension [and] changing it from 2 to 3 [years].”1
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard on November 2, 199x, for a term of
four years. His rating and pay grade at the time ALDIST 226/97 was issued were xxx
and E-4. The termination date of his enlistment was November 1, 199x.
On April 15, 1997, the applicant signed a form acknowledging that he had read
and fully understood the contents and explanation of COMDTINST 7220.33 (series).
That instruction contains the Coast Guard’s regulations concerning SRBs.
On September 28, 199x, the applicant signed and dated a one-page extension
form CG-3301B. The form shows clearly in three different places that the term of the
extension is two years and zero months. The effective date of the extension is shown as
“9x SEP 30.” The authorizing official signed a statement reflecting that the form had
been “[s]ubscribed and sworn to before me this 30 day of SEP 9x . . . .”
The date October 1, 199x, does not appear anywhere on the form. The new expiration
date of the enlistment is shown as “9x NOV 1.”
In addition, under the heading “Reason for Extension/Reextension of Enlist-
ment,” the form lists nine possible reasons for extending, as well as “Other (Specify).”
Members are supposed to check one of the reasons. The reason marked on the appli-
cant’s extension form is “Request of Individual.” The eighth listed reason, which is not
checked, is “Obligated Service for SRB Bonus.”
The form also contains four paragraphs, one of which states the following:
SRB ELIGIBILITY ACKNOWLEDGMENT
I have been provided with a copy [of] “SRB Questions and Answers” based on Comman-
dant Instruction 7220.33 (series). I have been informed that: My current Selective Reen-
listment Bonus (SRB) multiple under zone NA is NA and is listed in ALDIST
NA , which has been made available for review. I further understand the eligi-
bility requirements for Zone A, B, and C SRB’s and that the maximum SRB paid to my
current pay grade is $ NA . My SRB will be computed based on NA months
newly obligated service.
1 The applicant did not submit a copy of the alleged e-mail message indicating that he wanted to extend
his enlistment for three years.
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 members had to reenlist or extend their enlistments
for terms of at least three years. The SRB provided for xxxx who extended their enlist-
ments or reenlisted was calculated with a multiple of one.
Affidavit of YN2 X. of the Applicant’s PERSRU
Integrated Support Command, who stated the following:
The Coast Guard submitted an affidavit by a yeoman second-class (YN2 x.) of the
On October 1, 199x at 10:15 a.m. I sent an email (see copy of email attached) to
[YNC Y.] letting her know that a SRB message dated 302330Z Sep 9x, ALDIST
226/97 was out. I also stated in the email that it was very important that she call
me regarding [the applicant]. To the best of my memory [YNC Y.] returned my
call that day or day after. In our conversation I explained to [her] the contents of
the SRB message and that member is eligible for a SRB. [She] told me that mem-
ber did not want to extend or reenlist beyond 2 years and that the member said
that it wasn’t that much money due the SRB being only a multiple of 1. I told
[her] that I needed to know member’s career intentions due to the fact that his
expiration of enlistment was 9xNOV01.
Affidavit of YNC Y., the Ship’s Chief Yeoman
Y.), who stated the following:
The Coast Guard also submitted an affidavit by the ship’s chief yeoman (YNC
. . . [The] old ALDIST was to expire on 30 Sept[ember 199x,] which usually
means a new one was coming out. This prompted me to talk with all personnel
who were near to their DOS to see if come 1 Oct[ober] they wanted to reenlist,
because there was a good chance that an SRB would be available. I’m stating
this from 20 years of service and dealing with SRB’s. I had a pretty good feeling
that xx’s were going to get an SRB because they were in demand. (i.e. xx bonus
for completion of ‘A’ school)
I talked with [the applicant] about reenlisting and he agreed that if he got a
bonus he would reenlist for 3 years. I then talked with him about bonuses and
showed him the SRB instruction (7220.13). He did not want to read it and
seemed to understand the bonus process. He then said to sign him up for 3
years and get him a bonus.
Upon receiving ALDIST 226/97 I contacted the PERSU via email and told them
that [the applicant] wanted to reenlist for 3 years to receive a bonus. [YN2 x.]
agreed that the paperwork would be done and sent to the ship.
The paperwork arrived and I did not review it for accuracy because [YN2 x.] had
been a student of mine a YN “A” School and I had all the confidence in him that
he completed it as I had asked. . . . I had many things on my mind and allowed
[YN2 x.’s] work to go unchecked. This in no way is [the applicant’s] fault. He
conveyed to me and I conveyed to the PERSRU what his intentions were, which
was to reenlist for 3 years after 1 Oct[ober] to take advantage of the bonus for
xxx’s.
When it came time to sign the paperwork, [the applicant] came to the office and I
showed him where to sign. [ENS x.] was in the office at the time and he signed
as verifying official. Both individuals assumed that I had reviewed the form and
it was accurate.
I’m not sure what day this all took place, but I’m assuming it was on or around
1 Oct[ober]. . . .
The bottom line here is that [the applicant] reenlisted in the Coast Guard with
the understanding that he was going to receive a bonus. I assisted him in that
reenlistment never questioning the paperwork I received until several months
later while underway, when [the applicant] asked me why he had not received
his bonus yet.
This in no way was the member’s fault and he reenlisted with the faith that he
was to receive a bonus. I should never have allowed him to sign a document
that was not correct.
VIEWS OF THE COAST GUARD
On November 12, 1998, the Chief Counsel of the Coast Guard recommended that
the Board deny the applicant’s request for lack of proof. He alleged that the evidence
shows that the applicant was properly counseled concerning his SRB rights and options
and that he signed an extension contract on September 28, 199x, knowing that there was
no SRB in effect for his rating on that date.
The Chief Counsel stated that prior to September 28, 199x, the applicant’s ship’s
PERSRU had prepared the extension form based on information provided by his unit.
On September 28, 199x, the applicant received additional SRB counseling and signed
the form. Therefore, the Chief Counsel alleged that September 28, 199x, is the true ef-
fective date of the applicant’s extension.
The Chief Counsel alleged that ALDIST 226/97 was released at 3:20 p.m. Pacific
Time on September 30, 1997, and that no information about upcoming SRBs was
released prior to that time.2 On October 1, 1997, the applicant’s PERSRU sent an e-mail
2 The Chief Counsel submitted an affidavit from the officer who presided over the 1997 SRB Board,
which convened on August 22, 1997. That officer stated that the board had a total of eight members,
to his ship’s chief yeoman (YNC Y.) with the subject line “xxx [applicant’s last name].”
The message stated, “Please call me as soon as you can on member. It [is] very impor-
tant and it’s in regards to SRB. Message just came out [dated] 302330Z Sep 97.”
The Chief Counsel alleged that between October 1, 1997 and November 1, 1997,
the applicant was free to cancel his two-year extension and reenlist or extend his
enlistment for three years to qualify for the SRB. He also alleged that the applicant was
“clearly informed of this option given his previously documented counseling on the
SRB program.” Moreover, “the evidence indicates that Applicant did affirmatively
reject reenlisting or extending during the period 1 October 1997 through 1 November
1997 for an SRB.”
Furthermore, the Chief Counsel alleged, on November x, 199x, the PERSRU
e-mailed the Coast Guard Pay and Personnel Center (PPC) asking for a special payment
for the applicant and stating that the applicant “was beginning a 2-year extension in
accordance with his CG-3301B and a Statement of Intent.” The Chief Counsel submitted
a copy of this message. The special payment was necessary because the PPC had termi-
nated the applicant’s pay at the end of his enlistment since it had not received any pa-
perwork concerning his extension.
In regard to the affidavits, the Chief Counsel argued that YN2 X.’s affidavit
shows that the applicant was informed of the SRB opportunity on or soon after October
1, 1997, but affirmatively rejected it. Most of YNC Y.’s statements, he alleged, are not
credible. He said that YNC Y.’s claim to “pre-release knowledge of the contents of this
closely held ALDIST” was “highly improbable.” Moreover, prior to the actual an-
nouncement of the SRB, it is unlikely that she would have asked the PERSRU to prepare
an extension form indicating that an SRB actually existed and that the applicant agreed
to extend for three years. The Chief Counsel also dismissed her allegation that YN2 x.
had incorrectly typed the applicant’s extension contract. “[E]xtension contracts are not
everyday occurrences in a yeoman’s routine and, consequently, are subject to careful
scrutiny.”
The Chief Counsel also questioned the allegation that YNC Y., the applicant, and
ENS x. all failed to notice the contents of the single-page extension form. He alleged
that, as the authorizing official, ENS x. would have explained the form’s contents to the
applicant.
Furthermore, to accept the applicant’s version of events, the Chief Counsel
alleged, one must assume that YN2 x.’s characterization of his telephone call with YNC
y. was untrue and that YNC y. never responded to YN2 x.’s e-mail message of October
1, 1997. He said it was very unlikely that YNC y. would not have responded to YN2 x.’s
including himself. Only the officer himself and his immediate supervisor knew the results of the board’s
vote on SRBs until the message was released on September 30, 1997.
e-mail. He said it was also very unlikely that for more than a month, no one
involved would have discovered the “major error” on the applicant’s extension form,
which was not officially submitted until November x, 199x.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
advisory opinion and invited him to respond. The applicant did not respond.
On November 19, 1998, the Chairman forwarded a copy of the Chief Counsel’s
APPLICABLE REGULATIONS
Section 3.a. of Commandant Instruction 7220.33 (Reenlistment Bonus Programs
Administration) lists as one criterion for an SRB that the member “[r]eenlist or extend
enlistment in the Regular Coast Guard for a period of at least 3 full years.”
Section 3.d.6. of the instruction states the following:
Extensions previously executed by members may be canceled prior to their
operative date for the purpose of executing a longer extension or reenlistment in
accordance with article 1-G-36 of [the Personnel Manual]. Members should be
informed that their SRB entitlement will be based only on newly acquired obli-
gated service. For example, a member cancels a 3-year extension to reenlist for 6
years, the member will only be paid SRB entitlement for the additional 3 years of
service. An exception to this rule is made for extensions of 2 years or less, or
multiple extensions (each of which is 2 years or less in length), required of a
member for transfer, training, advancement, or tuition assistance. These exten-
sions may be canceled prior to their operative date for the purpose of immediate
reenlistment or longer extension without any loss of SRB entitlement.
Section 3.d.11. of the instruction states the following:
Entitlement to SRB multiple and bonus ceiling is established on the actual date of
reenlistment or the date the member executes an Agreement to Extend Enlist-
ment by signing Form CG-3301B. . . .
ALDIST 226/97, issued on September 30, 1997, established SRBs for personnel in
certain skill ratings who reenlisted or extended their enlistments between October 1,
1997 and March 31, 1998. The multiple to be used for calculating SRBs for members in
the xxx rating was one.
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 appli-
cable law:
1.
2.
The Board has jurisdiction concerning this matter pursuant to section 1552
of title 10, United States Code. The application was timely.
The applicant alleged that, prior to September 28, 1997, he intended to
extend his enlistment for a term of two years. After being counseled by his ship’s chief
yeoman concerning the possibility that an SRB would be established for members with
his rating, the applicant told her that he would extend for three years to earn the SRB.
He alleged that on September 28, 1997, he signed an extension form believing that it
would extend his enlistment for three years and earn him the SRB. He also alleged,
however, that after ALDIST 226/97 was issued on October 1, 1997, his ship’s office
e-mailed the PERSRU that he wanted to change his extension from two years to three
years. He further alleged that he did not discover the PERSRU’s mistake until Decem-
ber 30, 1997.
The evidence indicates that on April 15, 199x, the applicant was properly
counseled about the Coast Guard’s SRB regulations. In addition, the evidence indicates
that the applicant’s chief yeoman further counseled him on a possible upcoming SRB
opportunity sometime prior to October 1997. On September 28, 1997, the applicant
signed a contract that extended his enlistment for two years and showed that the exten-
sion would not entitle the applicant to an SRB. The applicant had a duty to read the
contract, the relevant terms of which were clear at a glance.
3.
The chief yeoman of the applicant’s ship stated that she had foreseen that
an SRB would be announced for the applicant’s rating. She stated that she did not
check the extension form when it arrived because she assumed it would be correctly
prepared. The Board does not doubt that experienced members might be able to pre-
dict fairly accurately which ratings will receive SRBs for extending or reenlisting in the
near future. However, the Coast Guard’s extension form requires the exact multiple of
the SRB to be received to be typed on the form. In addition, the regulations state that
entitlement to an SRB depends on the date the member executes an extension or reen-
listment form. In light of these facts, the Board discredits the allegation that the appli-
cant and the chief yeoman, who were or should have been reasonably familiar with the
Coast Guard’s SRB regulations, expected an extension form signed on September 28,
1997, to entitle the applicant to an SRB that had not yet been announced.
The chief yeoman also stated that, after ALDIST 226/97 was issued, she
asked the PERSRU to prepare paperwork that would extend the applicant’s enlistment
for three years and entitle him to an extension. However, the evidence indicates that
the applicant signed the extension form three days before the chief yeoman learned the
terms of ALDIST 226/97. The applicant did not allege and there is no evidence that a
second extension form was ever requested or executed.
4.
5.
6.
7.
The applicant may have, either before or after he signed the contract,
intended to take advantage of any new SRB established for his rating. However, the
applicant never canceled the contract he signed on September 28, 1997. Likewise, he
never signed a new contract to take advantage of the SRB opportunity that began on
October 1, 1997.
The PERSRU did not forward the extension form signed on September 28,
1997, to the PPC until November 6, 1997. There clearly was some confusion surround-
ing the applicant’s intent to extend and the processing of the paperwork for the exten-
sion. The Board finds, however, that the applicant has not proved by a preponderance
of the evidence that the Coast Guard committed any error or injustice that would entitle
him to the relief requested.
8.
Therefore, the applicant’s request should be denied.
The application for correction of the military record of XXXXXXXXXX, USCG, is
Robert C. Ashby
Walter K. Myers
Gareth W. Rosenau
ORDER
hereby denied.
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