FINAL DECISION 

 
ANDREWS, Attorney-Advisor: 
 
 
This  is  a proceeding conducted under the provisions of section 1552 of title 10 
and section 425 of title 14 of the United States Code.  It was docketed on September 22, 
1999, upon the BCMR’s receipt of the applicant’s completed application for correction. 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  August  17,  2000,  is  signed  by  three  duly  appointed 

RELIEF REQUESTED 

DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 1999-182 
 
 
   

 
 
The applicant, a xxxxxxxxxxx on active duty in the Coast Guard, asked the Board 
to  correct  his  military  record  to  show  that  he  reenlisted  for  four  years  on  his  sixth 
anniversary  on  active  duty,  May  10,  1999,  to  receive  a  Zone  A  selective  reenlistment 
bonus  (SRB)1  calculated  with  a  multiple  of  two  under  ALDIST  290/98,  which  was 
issued on November 24, 1998, and remained in effect until June 14, 1999. 
 

APPLICANT’S ALLEGATIONS 

The applicant alleged that he was improperly counseled concerning SRBs during 
the three months prior to his sixth anniversary on active duty.  He alleged that he was 
told he could not reenlist until his enlistment expired on August 29, 1999.  He alleged 
that  he  should  have  been  advised  that  he  could  cancel  the  extension  of  his  current 
                                                 
1  SRBs vary according to the length of each member’s active duty service, the length of the reenlistment 
or extension of enlistment, and the need of the Coast Guard for personnel in the member’s skill rating.  
Coast Guard members who have served between 21 months and 6 years on active duty are in “Zone A.”  
Those  with  at  least  6  years  but  at  most  10  years  of  active  service  are  in  “Zone  B.”    Members  may  not 
receive more than one bonus per zone. 

enlistment  on  his  sixth  active  duty  anniversary  and  reenlist  for  a  longer  period  to 
become  eligible  for  an  SRB.    He  alleged  that  if  he  had  been  properly  counseled  in 
accordance  with  COMDTINST  7220.33,  he  would  have  canceled  his  extension  and 
reenlisted for four years to receive the SRB.   

 
In support of his allegations, the applicant submitted a statement signed by his 
unit’s chief yeoman.  The chief yeoman stated that the applicant was wrongly advised 
prior to his sixth active duty anniversary that he could not reenlist until the expiration 
of his enlistment on August 29, 1999.  However, because ALDIST 290/98 was canceled 
prior to that date, the applicant became ineligible for an SRB. 

 

SUMMARY OF THE RECORD 

 
The applicant enlisted in the Coast Guard on August 30, 1993, for a term of four 
 
years, through August 29, 1997.  Prior to entering the Coast Guard, the applicant had 
served over three months on active duty in the National Guard.  Therefore, his active 
duty service date is May 11, 1993.   
 

On  July  1,  1997,  he  extended  his  enlistment for two years, through August 29, 
1999.  On March 18, 1998, the applicant extended his enlistment a second time, for the 
ten months from August 30, 1999, through June 29, 2000, to accept transfer orders to a 
new duty station.   
 

The applicant’s sixth anniversary on active duty fell on May 11, 1999, prior to the 
day  his  second,  ten-month  extension  went  into  effect.    There  is  no  document  in  his 
record  indicating  that  he  was  properly  counseled  concerning  SRBs  prior  to  his  sixth 
active duty anniversary.   
 

VIEWS OF THE COAST GUARD 

 
On March 30, 2000, the Chief Counsel of the Coast Guard recommended that the 
 
Board grant the applicant’s request for relief by reenlisting him for four years as of May 
11, 1999. 
 
 
The  Chief  Counsel  stated  that  the  applicant  “has  proved  that  the Coast Guard 
committed  error  by  failing  to  properly  explain  the  policies  and  requirements  of 
COMDTINST 7220.33.  Applicant was improperly counseled regarding his right to can-
cel an existing extension agreement on his 6-year anniversary to reenlist or extend for 
an SRB and was, therefore, denied an entitlement.” 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
Guard and invited him to respond within 15 days.  The applicant did not respond. 

On April 3, 2000, the BCMR sent the applicant a copy of the views of the Coast 

 

APPLICABLE REGULATIONS 

 

Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment Bonus Programs 
 
Administration), Section 3.d.(1), 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.” 
 

 
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.” 
 

Section 3.d.(6) of Enclosure (1) states that “[e]xtensions previously executed by 
members may be canceled prior to their operative date for the purpose of executing a 
longer extension or reenlistment … .” 
 
 
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  290/98,  issued  on  November  24,  1998,  authorized  members  in  the  xx 
rating in Zone A who reenlisted or extended their enlistments after November 25, 1998, 
to receive an SRB with a multiple of two.  ALDIST 290/98 remained in effect until June 
14, 1999. 
  

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  alleged  that  he  was  improperly  counseled  about his eligi-
bility to receive an SRB by canceling his ten-month extension and requesting discharge 
and reenlistment on his sixth anniversary on active duty.  He alleged that he was told 
he could not cancel the extension and reenlist until the end of his enlistment, August 29, 
1999.  He alleged that, had he been properly counseled, he would have canceled the ten-
month  extension  and  reenlisted  for  four  years  to  become  eligible  for  a  Zone  A  SRB 
under ALDIST 290-98.  

3. 

 
 
Under Enclosure (3) to Commandant Instruction 7220.33, the Coast Guard 
was required to counsel the applicant properly concerning SRBs prior to his sixth active 
duty  anniversary.    (Although  the  applicant  alleged  that  May  10,  1999,  was  his  sixth 
active duty anniversary, it was actually May 11, 1999.)  The applicant has proved by a 
preponderance of the evidence that he was wrongly counseled concerning his eligibility 
to reenlist for an SRB prior to his sixth active duty anniversary. 
  

Under Sections 3.d.(6) and (9) of Enclosure (1) to the instruction, the appli-
cant was eligible to cancel his ten-month extension prior to its effective date (August 30, 
1999) and to be discharged and immediately reenlisted on May 11, 1999, his sixth active 
duty  anniversary.    Under  ALDIST  290/98,  he  would  have  been  eligible  to  receive  a 
Zone A SRB with a multiple of two.  
 

5. 

The Chief Counsel recommended that the Board grant the applicant relief 
by correcting his record to show that on May 11, 1999, he reenlisted for a term of four 
years.  The applicant did not object to this recommendation. 

The Coast Guard erred by not properly counseling the applicant concern-
ing his eligibility for an SRB on his sixth active duty anniversary.  Had he been properly 
counseled, the Board is persuaded that he would have canceled his ten-month extension 
and reenlisted for four years to receive a Zone A SRB with a multiple of two. 

4. 

  
6. 

 
7. 
 
 

Accordingly, the applicant’s request should be granted. 

 
 
 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 
 

 

ORDER 

The application of XXXXXX, USCG, for correction of his military record is hereby 

granted.   

 
His record shall be corrected to show that on May 11, 1999, his sixth active duty 
anniversary,  he  canceled  his  ten-month  extension  contract  (which  was  to  become 
effective on August 30, 1999) and reenlisted for a term of four years for the purpose of 
receiving a Zone A SRB with a multiple of two under ALDIST 290/98. 
 

The  Coast  Guard  shall  pay  the  applicant  any  sum  he  is  due  as  a  result  of  this 

 
 

 
 

correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
Karen L. Petronis 

 

 

 

 
Edmund T. Sommer, Jr. 

 

 

 

 
 
Betsy L. Wolf