DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 1999-100
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 April 28, 1998, 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 January 13, 2000, is signed by the three duly
RELIEF REQUESTED
The applicant, a xxxxxxx on active duty in the Coast Guard, asked the Board to
correct his military record to show that he was eligible for a Selective Reenlistment
Bonus (SRB) calculated with a multiple of one, rather than a multiple of one-half.
APPLICANT’S ALLEGATIONS
The applicant alleged that he is receiving an SRB based on a multiple of one-half,
rather than a multiple of one, because of an administrative error on the part of the Coast
Guard. He alleged that his sixth anniversary on active duty fell on November 12, 1997,
when an SRB with a multiple of one was in effect for members in the xx rating in Zone
A.1 He alleged that the Coast Guard had a duty to counsel him regarding his eligibility
1 SRBs vary according to the length of each member’s active duty service, the number of months of service
newly obligated by the reenlistment or extension of enlistment, and the need of the Coast Guard for
personnel with the member’s particular skills, which is reflected in the “multiple” of the SRB authorized
for the member’s skill/rating. 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. Because of this failure, the applicant alleged, he
did not reenlist until several months after his sixth anniversary, when he was in Zone B.
The SRB multiple in effect for Zone B at the time was only one-half. Therefore, the
applicant argued, the Coast Guard’s failure to counsel him as required by the regula-
tions unjustly caused him to receive a smaller SRB.
SUMMARY OF THE RECORD
of four years. On July 21, 1995, he reenlisted for three years, through July 20, 1998.
The applicant first enlisted in the Coast Guard on November 12, 1991, for a term
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 Zone A SRB
provided for xxs who extended their enlistments or reenlisted was calculated with a
multiple of one. The Zone B SRB authorized for xxs was one-half.
The applicant’s sixth anniversary on active duty was November 12, 1997. There
is no form in the applicant’s record indicating that he was counseled concerning his eli-
gibility for an SRB during the three months prior to his sixth anniversary.
On March 2, 1998, the Commandant issued ALDIST 046/98, which allowed
members to receive an SRB if they reenlisted or extended their current enlistments
between April 1, 1998, and September 30, 1998. The Zone A SRB provided for xxs who
extended their enlistments or reenlisted was calculated with a multiple of two. The
Zone B SRB authorized for xxs was one-half.
On July 17, 1998, the applicant reenlisted for a term of six years. He received a
Zone B SRB with a multiple of one-half for this reenlistment under ALDIST 046/98.
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 reenlisted for
six years on his sixth anniversary to receive a Zone A SRB with a multiple of one.
The Chief Counsel stated that the applicant should be granted relief because he
was never counseled concerning his eligibility for a Zone A SRB on his sixth anniver-
sary and because he “took proper action to rectify the alleged error after its discovery
and is now willing to offer a new 6-year reenlistment as consideration for the SRB he
requests.”
calculated with different multiples depending on which zone they are in. Members may not receive more
than one bonus per zone.
The Chief Counsel further stated that on his sixth anniversary, the applicant was
eligible for either a Zone A or a Zone B SRB, and it is not clear whether he has already
received a Zone A SRB. Therefore, he recommended that the Board draft its order so
that either a Zone A or a Zone B SRB could be awarded.
The Chief Counsel also noted that, because the applicant had previously obli-
gated himself to serve through July 20, 1998, the applicant’s new SRB would be based
on five years and three months of newly obligated service.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On November 22, 1999, the Chairman sent a copy of the Chief Counsel’s
advisory opinion to the applicant and invited him to respond within 15 days. On
December 6, 1999, the applicant responded, stating that he agreed with the Chief
Counsel’s recommendation and wished to have his record corrected to show that he
reenlisted for six years on his sixth anniversary for a Zone A SRB.
APPLICABLE REGULATIONS
Section 3.d.(1) of Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment
Bonus Programs Administration) states that “[m]embers with exactly 6 years active
duty on the date of reenlistment or operative date of extension will be entitled to the
Zone A multiple in effect for their rating if they are otherwise eligible. If they have pre-
viously received a Zone A bonus or no Zone A bonus is designated, they are entitled to
a Zone B bonus if one is in effect.”
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. Xxs in Zone A were authorized to receive an SRB calculated with
a multiple of 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:
1.
The Board has jurisdiction concerning this matter pursuant to section 1552
6.
of title 10, United States Code. The application was timely.
2.
The applicant alleged that he was not properly counseled about his eligi-
bility to receive an SRB by requesting discharge and reenlistment during the three
months prior to his sixth anniversary on active duty. He alleged that, had he been
properly counseled, he would have reenlisted for six years to receive a Zone A SRB
with a multiple of one.
Under Enclosure (3) to Commandant Instruction 7220.33, the applicant
had a right to be counseled concerning SRBs prior to his sixth anniversary on active
duty. There is no evidence that the Coast Guard counseled the applicant concerning his
eligibility for an SRB during the three months prior to that date. Had he been so coun-
seled, a Form CG-3307 should appear in his record, but there is none.
3.
4.
Under Section 3.d.(9) of Enclosure (1) to the instruction, the applicant was
eligible to be discharged on November 12, 1997, the sixth anniversary of his original
enlistment, and immediately reenlisted to qualify for a Zone A SRB. However, at that
time he had already obligated himself to serve through July 20, 1998.
The Chief Counsel recommended that the Board grant the applicant’s
relief by correcting his record to show that on November 12, 1997, he reenlisted for a
term of six years. However, the Chief Counsel noted that the applicant would not
receive an SRB for the full six years but only for the additional time to which he was
obligating himself beyond the end of his previous reenlistment. The applicant did not
object to this provision.
5.
The Coast Guard erred by not properly counseling the applicant concern-
ing his eligibility for an SRB on the sixth anniversary of his entry into active duty. Had
he been properly counseled, the Board is convinced that he would have reenlisted for a
term of six years to receive an SRB, subject to reduction for the remaining obligated
service under his July 21, 1995, reenlistment contract. The Coast Guard’s error has
apparently caused him to receive an SRB with a smaller multiple and to miss altogether
the opportunity to receive a Zone A SRB.
7.
Under Section 3.d.(1) of Enclosure (1) to the SRB instruction, the applicant
will receive a Zone A SRB, rather than a Zone B SRB, under ALDIST 226/97 if the Board
grants the requested relief and the applicant has not already received a Zone A SRB.
Therefore, the applicant’s request should be granted.
8.
[ORDER AND SIGNATURES APPEAR ON THE NEXT PAGE]
The application for correction of the military record of XXXXXXXXXXXX, USCG,
ORDER
is hereby granted as follows.
His record shall be corrected to show that on November 12, 1997, he was dis-
charged and immediately reenlisted for a term of six years for the purpose of receiving
an SRB in accordance with ALDIST 226/97 and Section 3.d.(1) of Enclosure (1) to
COMDTINST 7220.33. His reenlistment contract dated July 17, 1998, shall be null and
void.
The Coast Guard shall pay the applicant the amount due him as a result of this
correction. In calculating the amount due, any SRB payments he has received as a
result of the now void July 17, 1998, reenlistment contract shall be deducted.
Michael K. Nolan
L. L. Sutter
John A. Kern
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...
(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. (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...
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. VIEWS OF THE COAST GUARD On September 7, 1999, the Chief Counsel of the Coast Guard recommended that the Board grant relief in this case. If the Coast Guard had properly counseled the applicant, he would have reenlisted for six years to receive the SRB.
This final decision, dated July 26, 2000, 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. There is no documentation of any SRB counseling in the applicant’s record prior VIEWS OF THE COAST GUARD On June 29, 2000, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request. The Chief Counsel also stated that the...
The Chief Counsel contended that the Board should find that the Coast Guard had no duty to counsel the applicant regarding the potential effect of his April 30, 1997 reenlistment on future SRB eligibility. of the Personnel Manual provides that members who receive PCS orders must be counseled about obligated service requirements and sign a page 7 documenting that counseling. The Board finds that if the applicant had received proper counseling, as urged by the Chief Counsel, the required...
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...
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...
On that day, the Chief Counsel alleged, the applicant would have been eligible for a Zone B SRB with a multiple of one.3 Therefore, the Chief Counsel recommended that the Board correct the applicant’s record to show that he reenlisted on November 9, 1997, for 6 years to receive the maximum authorized Zone B SRB for his rating. (4) of Enclosure (1) to the SRB Instruction states that, to be eligible for a Zone B SRB, members must “[b]e serving in pay grade E-5 or higher.” To receive a Zone A...
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...