DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 1999-059
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 5, 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 October 7, 1999, is signed by the three duly
RELIEF REQUESTED
The applicant, an xxxxxxx on active duty in the Coast Guard, asked the Board to
correct his military record by canceling a four-year reenlistment contract he signed on
February 11, 1998, so that he may reenlist and receive a selective reenlistment bonus
(SRB).
APPLICANT’S ALLEGATIONS
The applicant alleged that when he reenlisted on February 11, 1998, he was not
properly counseled concerning SRBs. He alleged that there is no page 7 in his record
documenting the required counseling. He alleged that, if he had been properly coun-
seled, he would not have reenlisted for four years. Instead, he would have extended his
enlistment and reenlisted later when an SRB became available. The applicant alleged
that he is now eligible for an SRB, although he did not provide a copy of an ALDIST
authorizing an SRB for his rating.
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard on October 16, 199x, for a term of four
years. Prior to October 16, 199x, he extended his enlistment for one year, through Octo-
ber 15, 199x. On April 20, 199x, he further extended the enlistment for another three
years, through October 15, 199x.
In February 1998, the applicant received permanent change of station (PCS)
orders, which were to be executed on June 25, 1998. The orders required the applicant
to have obligated service for at least one full year at his new station, through June 24,
1999, or more than eight months past the end of his enlistment, October 15, 199x. How-
ever, instead of extending service for the minimum required by the PCS orders (nine
months, through July 15, 1999), the applicant apparently reenlisted for four years on
February 11, 1998, although no documentation of this reenlistment appears in the paper
copy of his military record.
No SRB was in effect for members in the xx rating on that date, and there is no
page 7 entry in his record to show that he was properly counseled concerning the effect
of this reenlistment on his SRB opportunities.
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 “[a]lthough there is sufficient legal basis to deny
relief in this case, the totality of the circumstances indicate that it would be proper for
the Board to grant relief in this case by voiding the Applicant’s 11 February 1998
reenlistment contract and replacing it with a third extension of ten (10) [sic] months.”
The Chief Counsel stated that the Board should grant relief because (1) the four-
year reenlistment was not necessary under the applicant’s PCS orders and (2) in a tele-
phone conversation with the applicant, he stated that he was willing to sign a new long-
term reenlistment as consideration for the SRB.
The Chief Counsel suggested that the Board should ask the applicant “to state his
reenlistment or extension intentions for the period after 25 June 1999, the date when his
‘new’ extension agreement expires. If the Applicant chooses to reenlist for three, four,
five or six years, he may qualify to receive an SRB.”
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On September 28, 1999, the applicant responded to the views of the Coast Guard.
He stated that he wanted the Board to correct his record to show that on February 11,
1998, he extended his enlistment through July 15, 1999, to accept his PCS orders. He
also stated that he wished his record to show that, at the end of this extension, on July
15, 1999, he reenlisted for six years for the purpose of receiving an 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.”
Enclosure (3) to the instruction requires that members sign a page 7 administra-
tive entry indicating that they have received and read Enclosure (5), entitled “SRB
Questions and Answers.” Enclosure (5) explains that previously obligated service
reduces an applicant’s SRB. It further advises members, “[w]hen coming up on your
end of enlistment, carefully consider the advantages/disadvantages of reenlisting vice
extending.”
ALDIST 184/99, issued by the Commandant on May 13, 1999, authorized SRBs
for members who reenlisted or extended their enlistments after June 15, 1999. An SRB
with a multiple of one was authorized for members in the xx rating in Zone B (with
more than six years of active duty service).
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.
1.
2.
The applicant alleged that he was not properly counseled about the effect
of his four-year reenlistment on his future eligibility for an SRB. He alleged that the
Coast Guard had a duty to counsel him and that had he been properly counseled, he
would not have extended his contract through October 15, 2002. Instead, he would
have extended his enlistment for only nine months so that he might remain eligible for
the maximum possible SRB when one became available for his rating.
Under Section 2 of Commandant Instruction 7220.33, the applicant was
entitled to proper counseling concerning SRBs. Proper counseling includes the receipt
of “SRB Questions and Answers,” which alerts members to the fact that previously
obligated service diminishes any SRB for which a member might later become eligible.
This counseling must be documented in a page 7 entry in the applicant’s record.
There is no page 7 in the applicant’s record documenting SRB counseling
at the time of his reenlistment on February 11, 1998. The Coast Guard apparently erred
4.
3.
by failing to counsel the applicant and memorializing that counseling with a page 7
entry.
The Chief Counsel stated that, “[a]lthough there is sufficient basis to deny
relief in this case, the totality of the circumstances indicate [sic] that it would be proper
for the Board to grant relief in this case.” He recommended that the Board correct the
applicant’s record to show that he extended his contract by only ten months. The Board
notes, however, that to obligate himself to serve at least one full year at his new station,
from June 25, 1998, through June 24, 1999, the applicant would have had to extend his
enlistment for only nine months, from October 16, 1998, through July 15, 1999.
The preponderance of the evidence indicates that the applicant was not
properly counseled concerning SRBs when he reenlisted for four years on February 11,
1998. If the applicant had been properly counseled, he would have extended his
enlistment for nine months, from October 16, 1998, through July 15, 1999, to accept his
PCS orders. The evidence further indicates that, upon the end of this extension, the
applicant would have reenlisted for six years and received a Zone B SRB with a multi-
ple of one under ALDIST 184/99.
5.
6.
7.
Accordingly, 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
hereby granted.
ORDER
The applicant’s record shall be corrected to show that on February 11, 1998, he
extended his enlistment for nine months, from October 16, 1998, through July 15, 1999.
The applicant’s record shall further be corrected to show that on July 15, 1999,
the applicant reenlisted for a term of six years for the purpose of receiving an SRB.
shall be null and void.
The four-year reenlistment contract signed by the applicant on February 11, 1998,
The Coast Guard shall pay the applicant the amount due him as a result of this
Angel Collaku
Gareth W. Rosenau
Sharon Y. Vaughn
correction.
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. 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. 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...
On March 15, 1997, six months prior to the end of his enlistment, the applicant’s command made a page 7 entry in his record stating, “reenlistment interview conducted this date per Article 12-B-4 Personnel Manual … .” Four months later, on July 15, 1997, the applicant reenlisted for five years, through July 14, 2002. They shall sign a page 7 service record entry, enclosure (3), outlining the effect that particular action has on their SRB entitlement.” Enclosure (3) to the SRB Instruction...
If the applicant produces such evidence, the Chief Counsel stated, the Board should correct his record by canceling the three-year reenlistment dated July 23, 1997, reinstating the seven-month extension, and creating a new six-year enlistment begin- ning on February 26, 1998, which would make him eligible for an SRB with a multiple of one-half under ALDIST 226/97. The Chief Counsel argued that the Board should grant relief in this case by voiding the July 23, 1997, reenlistment contract,...
Appli- cant’s record also demonstrates that he is a good performer ….” However, the Chief Counsel noted that, if the applicant had extended his original enlistment contract for two years on January 24, 1996, he would have had to execute another, 38-month extension on January 23, 1998, in order “to meet his PCS OBLISERV for accepting orders to the CGC xxxxxx.” Therefore, the Chief Counsel argued, “the Board’s Order should state that the Applicant had prior obligated service through 22 March...
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. The applicant alleged that he extended his contract for six years to receive the SRB. 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...
This final decision, dated December 30, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxx on active duty in the Coast Guard, asked the Board to correct his military record by changing the reason for extension recorded on an extension contract he signed on September 10, 1998, from “request of individual” to “obligated service for transfer.” The correction would entitle him to receive a larger Selective Reenlistment Bonus (SRB) for a 40-month extension he signed on...
This final decision, dated November 18, 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. The Chief Counsel further stated that the applicant knowingly extended his enlistment for six years to receive an SRB based on his additional obligated service. After ALDIST 135/97 became effective on July 1, 1997, the applicant was eligible to receive an...
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. 1999-056 The applicant, a xxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct her military record by...
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