DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 1999-012 
 
 
   

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  August  5,  1999,  is  signed  by  the  three  duly  

RELIEF REQUESTED 

 
 
The applicant, a xxxxxxxxxxxxxxx on active duty in the Coast Guard, asked the 
Board  to  correct  his  military  record  to  show  that  on  October  22,  1997,  the  sixth 
anniversary  of  his  enlistment,  he  was  discharged  and  reenlisted  for  six  years.    The 
correction would allow the applicant to receive a Selective Reenlistment Bonus (SRB).   

 

 
 

 

APPLICANT’S ALLEGATIONS 

The applicant alleged that he was never counseled concerning his opportunity to 
receive an SRB by requesting discharge and reenlistment during the three months prior 
to  his  sixth  anniversary  on  active  duty.    He  alleged  that,  pursuant  to  Coast  Guard 
regulations, he should have been counseled about his eligibility for the SRB provided 
for boatswain’s mates under ALDIST 226/97.  The applicant alleged that if he had been 
properly counseled, he would have reenlisted for six years to receive the maximum SRB 
possible.  

 

 

SUMMARY OF THE RECORD 

 
 
The applicant first enlisted in the Coast Guard on October 22, 1991, for a term of 
four years.  On August 30, 1995, he was discharged and reenlisted for a term of three 
years, obligating himself to serve through August 29, 1998.   

 
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.  The SRB provided for 
xxx who extended their enlistments or reenlisted was calculated with a multiple of one.  
 

The applicant’s sixth anniversary on active duty fell on October 22, 1997.  There 
is no form in the applicant’s record indicating that he was counseled concerning his eli-
gibility for an SRB during the three months prior to his sixth anniversary. 
 

On August 28, 1998, the applicant reenlisted for another term of three years.  

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 subject to a condition.   
 
 
The Chief Counsel stated that the applicant should be granted relief because he 
“took appropriate action to rectify the alleged error after its discovery and is now will-
ing to offer a new 6-year re-enlistment as consideration for the SRB he requests.” 
 
 
However,  the  Chief  Counsel  noted  that,  if  the  Board  granted  the  applicant’s 
request, his SRB would be reduced according to the amount of remaining time in Serv-
ice to which the applicant had already obligated himself beyond his sixth anniversary in 
the reenlistment contract he signed on August 30, 1995. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On  July  13,  1999,  the  Chairman  sent  a  copy  of  the  Chief  Counsel’s  advisory 
opinion to the applicant and invited him to respond within 15 days.  On July 23, 1999, 
the applicant responded, stating that he had no objections to the Chief Counsel’s rec-
ommendation. 
 

 

APPLICABLE REGULATIONS 

 
 
Section 3.d.(9) of Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment 
Bonus Programs Administration) states that “[c]ommanding 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 expira-

tion of enlistment), for the purpose of qualifying for a Zone A, B, or C SRB respectively.  
In such cases, SRB payments will be reduced by any portion of unserved service obliga-
tion.” 
 
 
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, authorized members to be paid 
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.  Xxxxxxxxxxx were authorized to receive an SRB calculated with 
a multiple of 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: 
 

The Board has jurisdiction concerning this matter pursuant to section 1552 

1. 

2. 

4. 

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

3. 

The applicant alleged that he was not properly counseled about his eligi-
bility  to  receive  an  SRB  by  requesting  discharge  and  reenlistment  during  the  three 
months  prior  to  his  sixth  anniversary  on  active  duty.    He  alleged  that,  had  he  been 
properly  counseled,  he  would  have  reenlisted  for  six  years  to  receive  the  maximum 
possible SRB for his rating.  
 
Under  Enclosure  (3)  to  Commandant  Instruction  7220.33,  the  applicant 
 
had a right to be counseled concerning SRBs prior to his sixth anniversary on October 
22, 1997.  There is no evidence that the Coast Guard counseled the applicant concerning 
his eligibility for an SRB during the three months prior to that date.  Had he been so 
counseled, a Form CG-3307 should appear in his record, but there is none.   
  

Under Section 3.d.(9) of Enclosure (1) to the instruction, the applicant was 
eligible  to  be  discharged  on  October  22,  1997,  the  sixth  anniversary  of  his  original 
enlistment, and immediately reenlisted to qualify for a Zone A SRB.  However, at that 
time he had already obligated himself to serve through August 29, 1998.  
 

The  Chief  Counsel  recommended  that  the  Board  grant  the  applicant’s 
relief by correcting his record to show that on October 22, 1997, he reenlisted for a term 

5. 

of six years.  However, the Chief Counsel noted that the applicant would not receive an 
SRB for the full six years but only for the additional time to which he was obligating 
himself beyond the end of his previous reenlistment, August 29, 1998.  The applicant 
did not object to his provision. 

The Coast Guard erred by not properly counseling the applicant concern-
ing his eligibility for an SRB on the sixth anniversary of his entry into active duty.  Had 
he been properly counseled, the Board is convinced that he would have reenlisted for  a 
term  of  six  years  to  receive  the  maximum  possible  SRB,  subject  to  reduction  for  the 
remaining obligated service under his August 30, 1995, reenlistment contract. 

  
6. 

 
7. 
 
 
 
 
 
 

Therefore, the applicant’s request should be granted. 

[ORDER AND SIGNATURES APPEAR ON THE NEXT PAGE]

 

ORDER 

 

The  application  for  correction  of  the  military  record  of  XXXXXXX,  USCG,  is 

hereby granted as follows.   

 
His  record  shall  be  corrected  to  show  that  on  October  22,  1997,  he  was  dis-
charged and immediately reenlisted for a term of six years for the purpose of receiving 
a Zone A SRB.  His three-year reenlistment contract dated August 28, 1998, shall be null 
and void.   

 
The Coast Guard shall pay the applicant the amount due him as a result of this 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 

 
 

 
 

 

        

 
Terence W. Carlson 

 

 

 

 
 
Mark A. Holmstrup 

 

 

 
Gareth W. Rosenau 

 

 

  

 

 

 

 

 

 

 
 

correction.