Search Decisions

Decision Text

CG | BCMR | SRBs | 1998-064
Original file (1998-064.pdf) Auto-classification: Denied
 

 
 

 

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 March 3, 1998. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  January  28,  1998,  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. 1998-064 
 
 
   

 
 
The applicant, a xxxxxxxxxxxxxxxxxxx on active duty in the Coast Guard, asked 
the Board to correct his military record to show that he had reenlisted for six years on 
July 1, 1997.  The correction would entitle him to receive a Selective Reenlistment Bonus 
(SRB) pursuant to ALDIST 135/97. 
 

APPLICANT’S ALLEGATIONS 

The applicant alleged that on July 1, 1997, he was serving under an extension of 
his  previous  enlistment  contract,  which  was  due  to  end  in  June  1998.    In  June  1997, 
however, he was wrongly advised that he could not cancel his extension to reenlist and 
receive  a  Zone  A  SRB  under  ALDIST  135/97.    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.  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 

for him to receive the Zone A SRB because he had already completed six years of serv-
ice in the Coast Guard.  The applicant submitted signed endorsements from both the 
officer in charge of his station and his group commander, who supported his allegations 
and recommended that the applicant’s record be changed. 
 

VIEWS OF THE COAST GUARD 

On January 12, 1999, the Chief Counsel of the Coast Guard recommended that 

 
 
the Board grant the applicant’s request. 
 
 
The Chief Counsel explained that July 1, 1997, was the applicant’s six-year anni-
versary  in  the  Coast  Guard.    Under  Section  3.d.9.  of  Enclosure  (1)  to  COMDTINST 
7220.33, he was eligible on that day “to receive an early discharge and be reenlisted for 
up to 6 years . . . for the purpose of qualifying for a Zone ‘A’ SRB.” 
 
 
The Chief Counsel stated that the evidence presented by the applicant supports 
his assertion that he was improperly counseled.  In addition, he pointed to the fact that 
the  applicant  promptly  took  appropriate  action  upon  discovering  the  error  and  was 
willing to reenlist for six years. 
 

SUMMARY OF THE RECORD 

 

On July 1, 1991, the applicant enlisted in the Coast Guard for four years.  On Feb-

ruary 16, 1995, he extended his enlistment for three years, through June 30, 1998. 

 
On December 12, 1997, the applicant wrote a letter to the Commander of the Per-
sonnel Command stating that he had been improperly counseled in June 1997 regarding 
his eligibility for an SRB under ALDIST 135/97.  He stated that he did not discover that 
there may have been an error until his executive petty officer asked him on November 
9, 1997, why he had not applied for the SRB.  On December 12, 1997, he confirmed the 
fact that he had been eligible during a telephone conversation with his PERSRU.  The 
applicant asked the Personnel Command to make the requisite change in his record. 

 
On January 6, 1998, the applicant’s executive petty officer wrote a first endorse-
ment to the applicant’s letter.  The endorsement states that the applicant was improp-
erly counseled regarding his SRB eligibility in June 1997 and that the PERSRU contacted 
the applicant on December 12, 1997, to advise him of his former eligibility. 

 
On January 26, 1998, the applicant’s group commander wrote a second endorse-
ment to the applicant’s letter.  The endorsement recommended approval of the appli-
cant’s request. 
                                                                                                                                                             
“Zone B.”  On July 1, 1997, the applicant was still in Zone A.  Members may not receive more than one 
bonus per zone. 

APPLICABLE REGULATIONS 

 

Section 3.d.9. of Enclosure (1) to COMDTINST 7220.33 states as follows: 

 
 
 

Commanding  officers  are  authorized  to  effect  early  discharge  and  reenlist  members 
within 3 months prior to their 6th, 10th, or 14th year active service anniversary dates (not 
to be confused with the normal expiration of enlistment), for the purpose of qualifying for 
a Zone A, B, of C SRB respectively. 
  
ALDIST 135/97, issued in June 5, 1997, established SRBs for personnel in certain 
skill ratings who reenlisted or extended their enlistments on or after July 1, 1997.  The 
multiple to be used for calculating SRBs for members in the xx 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. 

The Board has jurisdiction concerning this matter pursuant to section 1552 

of title 10, United States Code.  The application was timely. 
 

2. 

The  applicant  alleged  that  he  was  wrongly  counseled  in  June  1997 
regarding his eligibility for a Zone A SRB under ALDIST 135/97.  He alleged that if he 
had been properly counseled, he would have canceled his extension and reenlisted for 
six years on July 1, 1997, to receive the Zone A SRB for his rating.  The applicant submit-
ted two signed statements supporting his allegations. 

The Chief Counsel of the Coast Guard recommended that the Board grant 

the requested relief. 

The  Board  finds  that  because  on  July  1,  1997,  the  applicant  was  within 
three months of his six-year anniversary, he was eligible to be discharged and reenlisted 
for the purpose of receiving a Zone A SRB.  Section 3.d.9., Enclosure (1), COMDTINST 
7220.33.  Under ALDIST 135/97, the applicant, as a xx, would have received a Zone A 
SRB with a multiple of one if he had been discharged and immediately reenlisted on 
July 1, 1997. 

The  Board  finds  that  if  the  applicant  had  been  properly  counseled,  he 

would have canceled his extension and reenlisted for six years on July 1, 1997. 

 
3. 

 
4. 

 
5. 

 

6. 

The Coast Guard erred by improperly counseling the applicant about his 
SRB eligibility under ALDIST 135/97.  It is unjust for the applicant not to receive an SRB 
because of this error. 

 
7. 
 

Therefore, the applicant’s request should be granted. 

 

ORDER 

 

The application for correction of the military record of XXXXXX, USCG, is hereby 
granted.  His record shall be changed to show that, on July 1, 1997, he was discharged 
and immediately reenlisted for a period of 6 years for the purpose of obtaining a Zone 
A SRB.  The Coast Guard shall pay the applicant the sum he is due as a result of this 
correction. 
 
 
 
 
 

 

 

 

 

 

 

 

 

 
 
 
 

 
 
 
 

 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 

 
Harold C. Davis, M.D. 

 

 

 

 

 
 
 

 
 

 
 
 

 
 

 
 
 
John A. Kern 

 

 

 
 
Betsy L. Wolf 

 

 

 

 

 

 



Similar Decisions

  • CG | BCMR | SRBs | 2007-052

    Original file (2007-052.pdf) Auto-classification: Denied

    The Board finds that the Coast Guard committed an error by not counseling the applicant on a Page 7 when he reenlisted on September 13, 1997, as required by Article 2 of Enclosure (1) to COMDINST 7220.33. The applicant alleged that he would not have reenlisted on September 13, 1997, if he had known that he was not required to do so until his enlistment expired on July 12, 1999.5 The Board finds that if the applicant had been properly counseled on September 13, 1997, he would have had the...

  • CG | BCMR | SRBs | 1999-058

    Original file (1999-058.pdf) Auto-classification: Denied

    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...

  • CG | BCMR | SRBs | 1999-094

    Original file (1999-094.pdf) Auto-classification: Denied

    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,...

  • CG | BCMR | SRBs | 1998-045

    Original file (1998-045.pdf) Auto-classification: Denied

    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...

  • CG | BCMR | SRBs | 1999-078

    Original file (1999-078.pdf) Auto-classification: Denied

    (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...

  • CG | BCMR | SRBs | 1999-154

    Original file (1999-154.pdf) Auto-classification: Denied

    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 | SRBs | 2005-121

    Original file (2005-121.pdf) Auto-classification: Denied

    This final decision, dated April 5, 2006, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record so that he will be entitled to receive a Zone A selective reenlistment bonus (SRB) for reenlisting on his sixth active duty anniversary in May 2001 and a Zone B SRB for reenlisting on his tenth active duty anniversary in May 2005.1 The applicant alleged that he was eligible for a Zone A SRB when he extended his original...

  • CG | BCMR | SRBs | 2002-132

    Original file (2002-132.pdf) Auto-classification: Denied

    This final decision, date May 22, 2003, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record by canceling the reenlistment contract he signed on August 15, 2000 and reenlisting him for six years to obtain a Zone B selective reenlistment bonus (SRB). On May 19, 2000, the Commandant of the Coast Guard issued ALCOAST 218/00, which authorized members in the XX rating in Zone A to receive an SRB with a multiple of one-half,...

  • CG | BCMR | SRBs | 1999-182

    Original file (1999-182.pdf) Auto-classification: Denied

    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...

  • CG | BCMR | SRBs | 1999-056

    Original file (1999-056.pdf) Auto-classification: Denied

    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...