DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 1999-055 
 
 
   

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 27, 1999, upon the 
BCMR’s receipt of the applicant’s completed application for correction. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  November  4,  1999,  is  signed  by  the  three  duly  

RELIEF REQUESTED 

 

 
 

 

 

 

 
The applicant, a xxxxxxxxx on active duty in the Coast Guard, asked the Board to 
 
correct  his  military  record  by  canceling  a  three-year  extension  contract  he  signed  on 
November 16, 1998.  The correction would entitle him to receive a maximum Selective 
Reenlistment Bonus (SRB) for a six-year reenlistment contract he signed on January 8, 
1999, pursuant to ALDIST 290/98. 
 

APPLICANT’S ALLEGATIONS 

The  applicant  alleged  that  Coast  Guard  regulations  require  that  members  be 
counseled  concerning  the  effect  of  an  extension  on  their  future  eligibility  for  an  SRB.  
The applicant alleged that he was not properly counseled before he signed a three-year 
extension contract on November 16, 1998.  Therefore, he did not know that the exten-
sion  would  diminish  any  SRBs  for  which  he  might  become  eligible  during  the  three 
years.  

 

SUMMARY OF THE RECORD 

Final Decision in BCMR Docket No. 1999-055                                                                  p. 2 

 
The applicant enlisted in the Coast Guard on August 4, 199x, for a term of four 
years, after have having served approximately three and one-half years in the Air Force 
Reserve.    On  August  11,  1993,  he  extended  his  enlistment  for  two  months,  through 
October  3,  199x,  to  accept  orders  overseas.    On  February  13,  1996,  the  applicant 
extended  his  enlistment  for  two  years  and  ten  months,  through  August  3,  199x,  to 
accept PCS (permanent change of station) orders to xxxxxxxx. 
 
 
On October 29, 1998, the applicant received PCS orders for xxxxxx.  He was to 
report to his new unit no later than February 1999.  The orders stated that, prior to his 
transfer,  the  applicant  had  to  obligate  himself  to  serve  for  a  minimum  of  three  years 
beginning on the date he would report to his new unit.  Therefore, on November 16, 
1998, the applicant signed a third extension contract, extending his enlistment for two 
years and six months, through February 3, 200x.  There was no SRB available for mem-
bers  in  the  xxrating  who  reenlisted  or  extended  their  enlistments  at  this  time.    The 
extension contract signed by the applicant, however, states that he was counseled con-
cerning SRBs. 
 
 
vided a Zone B1 SRB with a multiple of 1 for members in the xx rating. 
 
 
On January 8, 1999, prior to his tenth anniversary on active duty, the applicant 
was discharged and immediately reenlisted for six years, through January 7, 2005.  On 
January 10, 1999, the applicant’s PCS orders, for which he signed the extension contract 
on November 16, 1998, went into effect, and he was transferred from xxx to xxxxxx. 
 

On  November  24,  1998,  the  Commandant  issued  ALDIST  290/98,  which  pro-

VIEWS OF THE COAST GUARD 

On September 10, 1999, the Chief Counsel of the Coast Guard recommended that 

 
 
the Board grant partial relief in this case.   
 
 
 

The Chief Counsel analyzed the case as follows: 

The Board should grant partial relief in this case based on the misapplication of 
the obligated service requirement (OBLISERV) per Article 4.B.6 of the [Personnel 
Manual].    The  Applicant  should  have  been  extended  for  a  term  of  seven  (07) 
months vice the thirty (30) months reflected on his 16 November 1998 extension 
agreement.  However, the Board should not void this agreement in its entirety 

                                                 
1  SRBs  vary  according  to  the  length  of  each  member’s  active  duty  service,  the  length  of  the  period  of 
newly obligated service created by the 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 more than 21 
months but less than 6 years of active duty service are in “Zone A,” while those who have more than 6 
but less than 10 years of active duty service are in “Zone B.”  Members may not receive more than one 
bonus per zone. 

Final Decision in BCMR Docket No. 1999-055                                                                  p. 3 

because  the  Applicant  was  properly  counseled  regarding  his  reenlistment  and 
extension options and the effects those various choices would have on his SRB 
eligibility  when  he  signed  his  16  November  1998  extension  agreement.    The 
Applicant has presented no evidence to rebut this presumption.  

 
 
The Chief Counsel explained that the applicant’s PCS orders to xxxxx stated that 
he was required to have at least three years of obligated service before reporting to his 
new unit.  However, these orders were incorrect.  Members, such as the applicant, with 
more  than  six  years  of  active  duty  service  are  required  to  have  only  one  full  year  of 
obligated service prior to accepting PCS orders.  Therefore, the Chief Counsel argued, 
“based on this administrative error, the Board should grant partial relief” by changing 
the applicant’s extension contract from a term of two years and six months to a term of 
seven months. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
The BCMR sent the applicant a copy of the Chief Counsel’s advisory opinion and 
invited him to respond.  On October 4, 1999, the applicant responded, stating that he 
has no objections to the Chief Counsel’s recommendation. 
 

APPLICABLE REGULATIONS 

 

Section  2  of  Commandant  Instruction  7220.33  (Reenlistment  Bonus  Programs 
 
Administration) provides 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 par-
ticular action has on their SRB entitlement.” 
 
 
Article  4.B.6.a.2.  of  the  Personnel  Manual  (COMDTINST  M1000.6A)  states  that 
members  with  more  than  six  years  of  active  duty  service  “are  considered  to  be  in  a 
career status.  Unless otherwise indicated, they are required to have one year of OBLI-
SERV remaining upon reporting to the new unit.” 
 

ALDIST 290/98, issued on November 24, 1998, established SRBs for personnel in 
certain  skill  ratings  who  reenlisted  or  extended  their  enlistments  after  November  25, 
1998.  The multiple to be used for calculating Zone B 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: 

 

Final Decision in BCMR Docket No. 1999-055                                                                  p. 4 

1. 

The Board has jurisdiction concerning this matter pursuant to section 1552 

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

2. 

The evidence indicates that the applicant extended his enlistment for two 
years and six months on November 16, 1998, because he received PCS orders indicating 
that he was required to do so before reporting to his new unit. 
 
 
The  Coast  Guard  committed  an  administrative  error  when  it  issued  the 
applicant’s PCS orders.  Under Article 4.B.6.a.2. of the Personnel Manual, the applicant 
was  only  required  to  have  obligated  service  through  one  full  year  (January  10,  1999, 
through January 9, 2000) at his new unit before accepting the PCS orders. 
 

3. 

4. 

Prior to accepting the PCS orders, the applicant needed to have extended 
his  enlistment  for  only  six  months,  from  August  3,  199x,  through  February  3,  200x.  
Because  of  the  Coast  Guard’s  administrative  error,  the  applicant  extended  his  enlist-
ment for two years and six months.  Therefore, his Zone B SRB under ALDIST 290/98 
has been unjustly reduced by two years. 
 

The  applicant  has  proved  by  a  preponderance  of  the  evidence  that  the 
Coast  Guard  erred  by  requiring  him  to  extend  his  enlistment  for  two  years  and  six 
months instead of for just six months. 

5. 

 
6. 

Accordingly,  the  applicant’s  record  should  be  corrected to  show  that  he 
extended  his  enlistment  on  November  16,  1998,  for  six  months  rather than  two years 
and six months. 
 

 

 

 
 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

Block 8 of the extension contract shall be corrected to show that the new expira-

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

 

 

 
The application for correction of the military record of XXXXX, USCG, is hereby 

 

 

 

 

 

ORDER 
 

Block 5 of the extension contract signed by the applicant on November 16, 1998, 

Block 7 of the extension contract shall be corrected to show that his enlistment 

granted as follows.   
 
 
shall be corrected to show that he extended his enlistment for only six months. 
 
 
had been extended for a total of three years and six months. 
 
 
tion date of his enlistment was February 3, xxxx. 
 
 
correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
Harold C. Davis, M.D. 

 
Betsy L. Wolf 

 
John A. Kern