DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for Correction of
the Coast Guard Record of:
BCMR Docket No. 1999-056
Technical Amendment
AMENDMENT TO FINAL DECISION
ANDREWS, Attorney-Advisor:
This is a proceeding conducted under 33 C.F.R. § 52.73 at the request of the Chief
of the Office of Military Justice of the Coast Guard to consider a technical amendment to
the order issued by the Board in Docket No. 1999-056.
members who were designated to serve as the Board in this case.
This amendment, dated March 9, 2000, is signed by the three duly appointed
HISTORY OF BCMR DOCKET NO. 1999-056
In Docket No. 1999-056, the applicant asked the Board to correct her military
record by canceling two extension contracts she signed as a xxxxxx on September 30,
1998, and December 18, 1998, and instead show that she extended her enlistment for
four years on December 24, 1998. The correction entitled her to receive a Selective
Reenlistment Bonus (SRB) pursuant to ALDIST 290/98.
In December 1998, the applicant was a xxxxx finishing xxxxxxx “A” School, and
she needed to extend her enlistment in order to accept permanent change of station
(PCS) orders upon graduation. At that time, an SRB with a multiple of three was in
effect for members in the xx rating under ALDIST 290/98. The applicant alleged that,
because the Coast Guard failed to advise her regarding the SRB opportunity, she signed
an extension contract six days before she was promoted into the xx rating. She alleged
that, if she had been properly counseled, she would have waited the six days until she
graduated from xx “A” School before extending her enlistment to qualify for the SRB.
The Chief Counsel recommended that the Board grant the applicant relief
because she “should have been counseled by staff at xx ‘A’ School to wait until 24
December 1998, the date of her impending advancement to xx/E-4, to enter into an
extension agreement.” The Board granted relief, finding that the Coast Guard had
erred by not informing the applicant that she would be eligible for an SRB if she waited
six days, until her graduation from xx “A” School, before signing an extension contract
to obligate service for her PCS orders.
CHIEF COUNSEL’S REQUEST
On February 24, 2000, the Chief of the Office of Military Justice submitted a
Request for Technical Correction. He asked that the Board’s order be changed to show
that, instead of extending her enlistment for four years on December 24, 1998, the appli-
cant reenlisted for six years on that date. He submitted with his request a copy of an
email message from the applicant requesting the change.1 He stated that, if the appli-
cant had requested this correction initially, the Coast Guard “would have favorably
endorsed this request.”
FINDINGS AND CONCLUSIONS
The Board has jurisdiction over this matter pursuant to 33 C.F.R. § 52.73.
The Chief Counsel asked the Board to amend its order in BCMR Docket
No. 1999-056 to reenlist the applicant for six years on December 24, 1998, instead of
extending her enlistment for four years, as she originally requested. The applicant con-
curred in the request.
The applicant was eligible to be reenlisted on December 24, 1998, for six
years to receive an SRB under ALDIST 290/98. It is not apparent in the record why the
applicant did not request this correction in her original application, as it was clearly to
her advantage to do so. However, it is apparent that she did not receive thorough SRB
counseling, as required by COMDTINST 7220.33.
Accordingly, the Board’s order in BCMR Docket No. 1999-056 should be
amended as requested by the Coast Guard and the applicant.
1.
2.
3.
4.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
1 In addition, BCMR staff members previously discussed this request over the telephone with the appli-
cant and her PERSRU (the unit’s administrative yeoman).
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.
December 18, 1998, shall be null and void.
correction.
The Coast Guard shall pay the applicant the amount due her as a result of this
James K. Augustine
Jay R. Gordon
Julia A. Rhodes
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 February 3, 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 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. 1999-056
The applicant, a xxxxxxxxxxxxxx on active duty in the Coast Guard, asked the
Board to correct her military record by canceling two extension contracts she signed as
a seaman on September 30, 1998, and December 18, 1998, and instead show that she
extended her enlistment for four years on December 24, 1998, after she had been
promoted to xxx. The correction would entitle her to receive a Selective Reenlistment
Bonus (SRB) pursuant to ALDIST 290/98.
APPLICANT’S ALLEGATIONS
The applicant alleged that in December 1998, she needed to extend her enlist-
ment in order to accept permanent change of station (PCS) orders. At that time, an SRB
with a multiple of three was in effect for members in the xx rating under ALDIST
290/98. The applicant was completing xx “A” School and due to be promoted from
seaman to xx on December 24, 1998. She alleged that the Coast Guard failed to advise
her regarding the SRB opportunity. She alleged that, if she had been properly coun-
seled, she would have waited the six days until she graduated from xx “A” School
before extending her enlistment to qualify for the SRB. The applicant alleged that she
did not learn about the SRB opportunity under ALDIST 290/98 until she reported to her
new duty station in January 1999.
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard on September 26, 1994, for a term of
four years. On June 26, 1998, she extended her enlistment for two years, through Sep-
tember 25, 2000. On September 30, 1998, the applicant extended her enlistment for 15
months to meet her “school/training service requirement.”
On November 23, 1998, the applicant received orders to transfer overseas.
On November 24, 1998, the Coast Guard issued ALDIST 290/98. Under the
ALDIST, members in the xx rating who reenlisted or extended their enlistments after
November 25, 1998, received an SRB with a multiple of three. Seamen were not eligible
for an SRB under the ALDIST.
On December 18, 1998, the applicant extended her enlistment for 15 months to
provide sufficient obligated service for her transfer overseas. The extension contract
indicates that as a seaman, the applicant was ineligible for an SRB. On December 24,
1998, the applicant graduated from xx “A” School and was promoted to xx, thereby
becoming eligible for an SRB under ALDIST 290/98. On January 11, 1999, the applicant
began her overseas tour of duty.
VIEWS OF THE COAST GUARD
On September 10, 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 she
“should have been counseled by staff at xx ‘A’ School to wait until 24 December 1998,
the date of her impending advancement to xx/E-4, to enter into an extension agree-
ment.” Furthermore, the Chief Counsel argued, the applicant took prompt and appro-
priate action to rectify the error after she discovered it, and she is willing to commit her-
self to four more years of service in consideration for the SRB.
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 particular action has on their SRB entitlement.”
Section 3.d.6. of the instruction states the following:
Extensions previously executed by members may be canceled prior to their
operative date for the purpose of executing a longer extension or reenlistment in
accordance with article 1-G-36 of [the Personnel Manual]. Members should be
informed that their SRB entitlement will be based only on newly acquired obli-
gated service. For example, a member cancels a 3-year extension to reenlist for 6
years, the member will only be paid SRB entitlement for the additional 3 years of
service. An exception to this rule is made for extensions of 2 years or less, or
multiple extensions (each of which is 2 years or less in length), required of a
member for transfer, training, advancement, or tuition assistance. These exten-
sions may be canceled prior to their operative date for the purpose of immediate
reenlistment or longer extension without any loss of SRB entitlement.
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 SRBs for members in the xx rating was
three. No SRB was available for seamen.
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 alleged that she was not properly counseled about her eligi-
bility for an SRB under ALDIST 290/98. She alleged that the Coast Guard had a duty to
counsel her properly concerning her eligibility for an SRB. She alleged that, had she
been properly counseled, she would not have extended her enlistment for one year on
December 18, 1998. Instead, she would have waited six days, until she was promoted to
xx, before extending her enlistment as required for accepting PCS orders. She further
alleged that with proper counseling, she would have cancelled the extension she signed
on September 30, 1998, and extended her enlistment for four years to receive an SRB.
Under Section 2 of Commandant Instruction 7220.33, the applicant was
entitled to proper counseling concerning her eligibility for an SRB under ALDIST
290/98. As a seaman in xx “A” School, her superiors at that school should have advised
her that, if she waited six days to extend her contract, she would be eligible under the
ALDIST to receive an SRB with a multiple of three. Instead, she was told merely that, as
a seaman, there was no SRB available for her.
3.
4.
5.
Under Section 3.d.6. of the instruction and ALDIST 290/98, on December
24, 1998, the applicant was eligible to cancel the one-year extension she signed on Sep-
tember 30, 1998, and sign a new extension contract for four years to receive an SRB with
a multiple of 3.
The Chief Counsel admitted that, in light of her imminent promotion to
xx, the applicant should have been counseled concerning her eligibility for an SRB
under ALDIST 290/98. Because she acted promptly to correct the error and is willing to
commit to serve four years in consideration for the SRB, the Chief Counsel recom-
mended that the Board grant relief.
The Coast Guard erred by not informing the applicant that she would be
eligible for an SRB if she waited six days, until her graduation from xx “A” School,
before signing an extension contract to obligate service for her PCS orders. If the Coast
Guard had properly counseled the applicant, she would have extended her enlistment
for four years on December 24, 1998, rather than for one year on December 18, 1998.
The extension contract she signed on September 30, 1998, would have been administra-
tively canceled.
6.
7.
Therefore, the applicant’s request should be granted.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application for correction of the military record of XXXXXXX, USCG, is
hereby granted as follows.
ORDER
The Coast Guard shall pay the applicant the amount due her as a result of this
The extension contracts signed by the applicant on September 30, 1998, and
Her record shall be corrected to show that on December 24, 1998, she extended
her enlistment for four years for the purpose of receiving an SRB with a multiple of
three under ALDIST 290/98.
December 18, 1998, shall be null and void.
correction.
Barbara Betsock
Karen L. Petronis
L. L. Sutter
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