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.
The Board finds that the Coast Guard committed an error by not counseling the applicant on a Page 7 when he reenlisted on September 13, 1997, as required by Article 2 of Enclosure (1) to COMDINST 7220.33. The applicant alleged that he would not have reenlisted on September 13, 1997, if he had known that he was not required to do so until his enlistment expired on July 12, 1999.5 The Board finds that if the applicant had been properly counseled on September 13, 1997, he would have had the...
Coast Guard members who have at least 21 months but no more than 6 years of active duty service are in “Zone A.” Members who have completed at least 6 years but no more than 10 years of active duty service are in “Zone B.” Members in the same rating may receive SRBs for this Zone A SRB but failed to do so. VIEWS OF THE COAST GUARD On November 17, 1999, the Chief Counsel of the Coast Guard recommended that the Board grant relief in this case by correcting his record to show that he...
This final decision, dated April 5, 2006, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record so that he will be entitled to receive a Zone A selective reenlistment bonus (SRB) for reenlisting on his sixth active duty anniversary in May 2001 and a Zone B SRB for reenlisting on his tenth active duty anniversary in May 2005.1 The applicant alleged that he was eligible for a Zone A SRB when he extended his original...
VIEWS OF THE COAST GUARD On June 26, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request. (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. The Chief Counsel recommended that the Board...
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,...
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...
This final decision, dated July 13, 2000, is signed by the three duly appointed RELIEF REQUESTED The applicant, a xxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that he was discharged and reenlisted for a term of six years on March 13, 1999, his tenth anniversary on active duty. VIEWS OF THE COAST GUARD On June 26, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request. The Chief Counsel...
This final decision, dated July 22, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that he was discharged on his six-year active duty anniversary date, December 10, 1997, and immediately reenlisted for a term of six years. (9) of Enclosure (1) to Commandant Instruction 7220.33, the applicant was eligible to be discharged on the sixth anniversary of his...
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. This final decision, dated August 5, 1999, is signed by the three duly RELIEF REQUESTED The applicant, a xxxxxxxxxxxxxxx on active duty in the Coast Guard, asked the Board to correct his military record to show that on October 22, 1997, the sixth anniversary of his enlistment, he was discharged and reenlisted for six years. The Chief Counsel...
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...