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CG | BCMR | SRBs | 1999-078
Original file (1999-078.pdf) Auto-classification: Denied
DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 1999-078 
 
 
   

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 March 16, 1999, upon the 
BCMR’s receipt of the applicant’s completed application. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  December  30,  1999,  is  signed  by  the  three  duly  

 

 
 

 

RELIEF REQUESTED 

 
 
The applicant, an xxxxxxxx on active duty in the Coast Guard, asked the Board 
to  correct  her  military record by canceling a six-year extension of enlistment contract 
she signed on January 21, 1998.  If such a correction is not made, the applicant asked the 
Board to change the six-year extension to a six-year reenlistment so that she can receive 
a Zone B Selective Reenlistment Bonus (SRB) under ALDIST 226/97. 1  

APPLICANT’S ALLEGATIONS 

 

The applicant alleged that she was wrongly advised by a chief yeoman and yeo-
man second class at xxxxx that she could receive the same SRB under ALDIST 226/97 
by extending her previous enlistment for six years that she could get by reenlisting for 
six years.  Therefore, she stated, she extended her enlistment for six years on January 21, 
                                                 
1  SRBs  vary  according  to  the  length  of  each  member’s  active  duty  service,  the  length  of  the  period  of 
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 served between 21 months and 6 years on active duty 
are in “Zone A,” those who have more than 6 but less than 10 years of active duty service are in “Zone B,” 
and those that have more than 10 but less than 14 years of active duty service are in “Zone C.” 

 

SUMMARY OF THE RECORD 

 
 
On the applicant’s original Coast Guard enlistment form, DD 1966, she indicated 
that  she  had  served  in  the  Marine  Corps  for  3  years,  10  months,  and  2  days,  from 
August 27, 1986, to June 29, 1990.   
 
On February 18, 1992, the applicant enlisted in the Coast Guard for a term of four 
 
years, through February 17, 1996.  On October 31, 1995, she reenlisted for three years, 
through October 30, 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 
xxxxx  in  Zone  B  who  extended  their  enlistments  or  reenlisted  was  calculated  with  a 
multiple of one-half.  
 

 On January 7, 1998, the applicant received orders to report to the Coast Guard 
cutter  xxxxx  on  March  1,  1998.    To  accept  the  orders,  the  applicant  was  required  to 
obligate herself to serve at the new unit through at least February 28, 1999.  On January 
21, 1998, the applicant extended her enlistment for six years, from October 31, 1998, to 
October 30, 2004.  Her extension contract indicates that she was promised a Zone B SRB 
based on 72 months of newly obligated service. 

 
April 16, 1998, was the applicant’s tenth anniversary on active duty.2  She had 
served 3 years, 10 months, and 2 days in the Marine Corps and 6 years, 1 month, and 28 
days in the Coast Guard. 

 
On October 31, 1998, the applicant’s six-year extension became operative.  Since 
she was no longer in Zone B when the extension became operative, she did not receive 
the SRB she had been promised. 
 

1998, rather than reenlisting.  She later learned that the advice she received was wrong 
and  that  she  should  have  reenlisted  for  six  years,  instead  of  extending  her  previous 
enlistment.  

VIEWS OF THE COAST GUARD 

 
On November 17, 1999, the Chief Counsel of the Coast Guard recommended that 
 
the  Board  grant  the  applicant’s  request  by  replacing  her  six-year  extension  contract 
dated January 21, 1998, with a six-year reenlistment contract.   
 
                                                 
2  The Chief Counsel indicated that the applicant’s tenth anniversary was April 15, 1998, but the discrep-
ancy is not relevant for the purposes of this final decision. 

 
The Chief Counsel stated that the applicant should be granted relief “because the 
record demonstrates that Applicant intended to further obligate himself [sic] for an SRB 
and, had he [sic] reenlisted rather than extending, he [sic] would have been eligible to 
receive the SRB he[sic] was promised.” 
 
 
The Chief Counsel explained that, under Section 3.b.(3) of COMDTINST 7220.33, 
the applicant’s extension did not qualify her to receive an SRB because, although it was 
signed on January 21, 1998, it did not become operative until October 31, 1998, almost 
six months past her tenth anniversary on active duty.  Therefore, he stated, because the 
extension did not become effective until after the applicant had left Zone B, she could 
not receive a Zone B SRB. 
 
 
However, the Chief Counsel stated, if the applicant had reenlisted on January 21, 
1998,  instead  of  extending,  the  reenlistment  would  have  been  effective  immediately, 
while she was still in Zone B, and would have made her eligible for a Zone B SRB under 
ALDIST  226/97.    She  was  eligible  to  reenlist  on  January  21,  1998,  because  she  was 
within three months of her tenth anniversary on active duty.  He noted that if the Board 
granted relief, the applicant’s SRB would be reduced by the ten months of previously 
obligated service remaining on the applicant’s prior enlistment contract. 
 

APPLICABLE REGULATIONS 

 
 
Section 3.b.(3) of Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment 
Bonus Programs Administration) states that to be eligible for a Zone B SRB, a member 
must “[h]ave completed at least 6 but not more than 10 years active service on the date 
of reenlistment or the operative date of the extension.” 
 
 
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 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.  Xxxxx in Zone B were authorized to receive an SRB calculated 
with a multiple of one-half.  No SRB was authorized for members in Zone C. 

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: 
 

1. 

The Board has jurisdiction concerning this matter pursuant to section 1552 

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

2. 

The  applicant  has  proved  by  a  preponderance  of  the  evidence  that  the 
Coast Guard erred by advising her that she would receive a Zone B SRB for 72 months 
of newly obligated service if, on January 21, 1998, she extended her enlistment for six 
years, from October 31, 1998, to October 30, 2004.  The Coast Guard had a duty to prop-
erly counsel the applicant.  Enclosure (3), COMDTINST 7220.33.  She should have been 
advised to reenlist for six years because a six-year extension would not make her eligi-
ble for an SRB.  Section 3.b.(3), Enclosure (1), COMDTINST 7220.33. 
 

3. 

The Board is convinced that, if the applicant had been properly counseled, 
she would have reenlisted for six years on January 21, 1998, to receive an SRB based on 
the number of months of service newly obligated beyond October 30, 1998, rather than 
extending her enlistment for six years. 
 

Therefore, the alternate relief requested by the applicant should be grant-
ed by changing the applicant’s six-year extension contract dated January 21, 1998, to a 
six-year reenlistment contract. 

4. 

 

 

 
 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON THE NEXT PAGE]

hereby granted as follows: 

 
Her  record  shall  be  corrected  to  show  that  on  January  21,  1998,  she  was  dis-
charged and immediately reenlisted for six years for the purpose of receiving a Zone B 
SRB.  Her six-year extension contract dated January 21, 1998, shall be null and void.   

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

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
Nancy Lynn Friedman 

 

 

 

 
Michael J. McMorrow 

 

 

 

 
Karen L. Petronis 

 

 

 

 

 

 

 

 

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

ORDER 

 

 
 

 
 

correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 



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