DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 1999-009
FINAL DECISION
ANDREWS, Attorney-Advisor:
This is a proceeding under the provisions of section 1552 of title 10 and section
425 of title 14 of the United States Code. It was commenced on October 26, 1998, upon
the BCMR’s receipt of the applicant’s application for correction.
appointed members who were designated to serve as the Board in this case.
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. The correction would entitle him to receive a Selective Reenlistment Bonus
(SRB) pursuant to ALDIST 226/97.
APPLICANT’S ALLEGATIONS
The applicant alleged that pursuant to Coast Guard regulations, he should have
been counseled prior to the sixth anniversary of his enlistment concerning his eligibility
for an SRB. The applicant alleged that he was not properly counseled and that the
absence in his record of a Form CG-3307 shows that he was not counseled as required.
The applicant alleged that, if he had been properly counseled, he would have been dis-
charged and immediately reenlisted on his sixth anniversary for a term of six years in
order to receive the maximum allowable SRB for his rating under ALDIST 226/97.
VIEWS OF THE COAST GUARD
On July 9, 1999, 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 he
took prompt and appropriate action to rectify the error after he discovered his
eligibility under ALDIST 226/97. The Chief Counsel also argued that the correction is
warranted because the applicant is willing to commit himself to a six-year reenlistment
in consideration for the SRB.
APPLICABLE REGULATIONS
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard on December 10, 1991, for a term of
four years. He reenlisted for another term of four years on July 19, 1995. On the sixth
anniversary of his original enlistment, December 10, 1997, his rating was xx. There is no
Form CG-3307 in the applicant’s record showing that he was counseled concerning his
eligibility for an SRB.
On September 30, 1997, the Commandant of the Coast Guard issued ALDIST
226/97, which allowed members to receive an SRB if they reenlisted or extended their
current enlistments between October 1, 1997, and March 31, 1998. ALDIST 226/97 pro-
vided that members in the xx rating who extended their enlistments or reenlisted for
more than three years would receive an SRB calculated with a multiple of one-half.
Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment Bonus Programs
Administration), Section 3.d.(1), states that “[m]embers with exactly 6 years active duty
on the date of reenlistment or operative date of extension will be entitled to the Zone A
multiple in effect for their rating if they are otherwise eligible.”
Section 3.d.(9) of the instruction states that “[c]ommanding officers are author-
ized 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, or C SRB respec-
tively.”
Enclosure (3) to the instruction states that during the three months prior to their
6th, 10th, and 14th anniversary dates, members must be counseled concerning their eli-
gibility for an SRB. The counseling must be memorialized in their records with a Form
CG-3307 signed by the member.
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 xx rating was one-half.
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:
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 he was not properly counseled about his eligi-
bility for an SRB prior to the sixth anniversary of his enlistment. He alleged that, had he
been properly counseled, he would have been discharged on his sixth anniversary,
December 10, 1997, and immediately reenlisted for a term of six years to receive the
maximum possible SRB for his rating.
Under Sections 3.d.(1) and 3.d.(9) of Enclosure (1) to Commandant
Instruction 7220.33, the applicant was eligible to be discharged on the sixth anniversary
of his enlistment, December 10, 1997, in order to reenlist and receive an SRB under
ALDIST 226/97. Under Enclosure (3) to the instruction, the applicant had a right to be
counseled concerning his eligibility.
3.
4.
There is no evidence that the Coast Guard counseled the applicant con-
cerning his eligibility for an SRB prior to the sixth anniversary of his original enlistment.
Had he been so counseled, a Form CG-3307 should appear in his record, but there is
none. The evidence further indicates that, if the applicant had been properly counseled,
he would have been discharged and reenlisted for a term of six years to receive an SRB.
1.
2.
5.
Therefore, the applicant’s request should be granted.
ORDER
The application for correction of the military record of XXXXXXX, USCG, is
hereby granted. His record shall be corrected to show that he was discharged and
reenlisted on December 10, 1997, for a term of six years for the purpose of receiving a
Zone A SRB under ALDIST 226/97. The Coast Guard shall pay the applicant the
amount due him as a result of this correction.
David H. Kasminoff
George Kuehnle, Jr.
Michael J. McMorrow
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...
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