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 docketed on January 6, 1999, after the
Board received the applicant’s complete application.
appointed members who were designated to serve as the Board in this case.
This final decision, dated September 23, 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. 1999-040
The applicant, a xxxxxxxxxxxx on active duty in the Coast Guard, asked the
Board to correct his military record to show that on September 21, 199x, he was dis-
charged and reenlisted for six years (instead of the six-year extension contract he
actually signed). The correction would allow the applicant to receive a Selective Reen-
listment Bonus (SRB).
APPLICANT’S ALLEGATIONS
The applicant alleged that prior to his sixth anniversary on active duty, his com-
mand counseled him that he could receive an SRB by extending his enlistment by up to
six years. He was advised that under ALDIST 046/98, he would receive a Zone A SRB
with a multiple of one. The applicant alleged that he extended his contract for six years
to receive the SRB. However, the Coast Guard Human Resource Information Center
thereafter informed his command that the applicant was eligible for the SRB only if he
was discharged and reenlisted prior to his sixth anniversary. The Center advised the
command that the applicant should ask the BCMR to correct his record to show that he
was discharged and reenlisted.
The applicant enlisted in the Coast Guard on May 12, 198x, for four years. He
extended this contract for six months, through November 11, 199x. On that day, he left
the service with an honorable discharge.
On March 22, 199x, the applicant reenlisted for four years. Therefore, his sixth
anniversary on active duty fell on September 22, 199x. On September 21, 199x, the
applicant signed a contract extending his enlistment for six years. The contract shows
that he was told he would receive an SRB with a multiple of one under ALDIST 046/98.
On March 29, 1998, the Commandant of the Coast Guard issued ALDIST 046/98,
which allowed members to receive an SRB if they reenlisted or extended their current
enlistments between April 1, 1998 and September 30, 1998. ALDIST 046/98 provided
that members in the xx rating who extended their enlistments or reenlisted would
receive an SRB calculated with a multiple of one.
On December 7, 1998, the applicant’s commanding officer wrote a letter to the
Chairman of the BCMR stating that the applicant had been wrongly advised that he
could receive an SRB by extending his contract, rather than reenlisting.
VIEWS OF THE COAST GUARD
On September 7, 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
was eligible to receive the SRB and clearly desired to commit himself to an additional
six years of service. The Chief Counsel also stated that the applicant is an outstanding
performer who “took appropriate action to rectify the alleged error after its discovery.”
The Chief Counsel explained that the applicant’s “Commanding Officer did not have
authority to first discharge the Applicant and then extend him on 21 September 199x.”
SUMMARY OF THE RECORD
APPLICABLE REGULATIONS
Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment Bonus Programs
Administration), Section 2 states that “[a]ll personnel with 14 years or less active service
who reenlist or extend for any period, however, brief, shall be counseled on the SRB
program. They shall sign a page 7 service record entry, enclosure (3), outlining the
effect that particular action has on their SRB entitlement.”
Section 3.d.(1) of Enclosure (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 Enclosure (1) 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 expi-
ration of enlistment), for the purpose of qualifying for a Zone A, B, or C SRB respec-
tively. In such cases, SRB payments will be reduced by any portion of unserved service
obligation.”
Enclosure (3) to the instruction states that during the three months prior to the
end of an enlistment, each member must be counseled concerning his or her eligibility
for an SRB, have his or her questions concerning SRBs answered, and be provided with
a copy of Enclosure (5), which is entitled “SRB Questions and Answers.” The counsel-
ing must be memorialized in the member’s record with a Form CG-3307 signed by the
member.
ALDIST 046/98, issued on March 29, 1998, established SRBs for personnel in cer-
tain skill ratings who reenlisted or extended their enlistments between April 1, 1998,
and September 30, 1998. 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:
The Board has jurisdiction concerning this matter pursuant to section 1552
1.
2.
of title 10, United States Code. The application was timely.
The applicant was improperly counseled that he could receive a Zone A
SRB if he extended his enlistment prior to his sixth active duty anniversary date. There-
fore, he extended his enlistment for six years on September 21, 199x. However, accord-
ing to the Chief Counsel, the applicant’s commanding officer did not have authority to
do this. Thus, the applicant was denied an SRB.
The Chief Counsel recommended that the Board grant relief because the
applicant is an outstanding performer and because he acted promptly in seeking cor-
rection of the error.
3.
4.
Under Sections 3.d.(1) and 3.d.(9) of Enclosure (1) to the instruction, the
applicant was eligible to be discharged on September 21, 1998, within three months of
the sixth anniversary of his enlistment, in order to reenlist. Under ALDIST 046/98, he
would have received a Zone A SRB with a multiple of one.
The Coast Guard erred by advising the applicant to extend his contract in
lieu of reenlisting prior to his sixth active duty anniversary date. Had he been properly
counseled, the applicant would have been discharged and reenlisted on September 21,
199x.
5.
6.
Therefore, the applicant’s request should be granted.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application for correction of the military record of XXXXXXXXX, USCG, is
ORDER
hereby granted as follows.
His record shall be corrected to show that on September 21, 199x, he was dis-
charged and reenlisted for a term of six years. The six-year extension contract he signed
on September 21, 199x, shall be null and void.
The Coast Guard shall pay the applicant the amount due him as a result of this
correction.
Barbara Betsock
Karen L. Petronis
L. L. Sutter
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