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CG | BCMR | SRBs | 2000-006
Original file (2000-006.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. 2000-006 
 
 
   

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 October 7, 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  July  26,  2000,  is  signed  by  the  three  duly  

 

 
 

 

RELIEF REQUESTED 

 
 
The applicant, a xxxxxxxxx on active duty in the Coast Guard, asked the Board to 
correct his military record to show that he reenlisted on February 1, 1996, for a term of 4 
years.  He alleged that the correction would entitle him to receive a Zone A selective 
reenlistment  bonus  (SRB)1  for  23  months  of  newly  obligated  service,  pursuant  to 
ALDIST 250/96.  In the alternative, he asked the Board to correct his record to show 
that he reenlisted for the maximum allowable time in May 1997 to receive an SRB. 
 

APPLICANT’S ALLEGATIONS 

The applicant alleged that, pursuant to Coast Guard regulations, he should have 
been counseled concerning his eligibility for an SRB during the three months prior to 

                                                 
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,” while those who have more than 6 but less than 10 years of active duty service are in 
“Zone  B.”    On  February  1,  1996,  the  applicant  was  still  in  Zone  A;  by  May  1997,  he  was  in  Zone  B.  
Members may not receive more than one bonus per zone. 

his sixth active duty anniversary, which fell on February 26, 1996.  He alleged that he 
was not properly counseled and that, if he had been properly counseled, he would have 
reenlisted for a term of 4 years on February 1, 1996, in order to receive an SRB calcu-
lated with a multiple of one under ALDIST 250/96.  

 
The applicant also alleged that in May 1997, when he was required to extend or 
reenlist to obligate at least 2 years and 9 months more service to accept transfer orders, 
he  wanted  to  reenlist  for  3  years  to  be  eligible  for  an SRB.  However, he alleged, his 
yeoman told him he could not reenlist for 3 years because High Year Tenure (HYT) was 
in effect.  Later, he learned that ALDIST 054/97 had suspended the provision of HYT 
that  would  have prevented him from obligating 3 more years.  He alleged that if his 
yeoman had not misadvised him, he would have reenlisted for the maximum allowable 
time to receive “the full SRB” in effect for his rating. 

 

 

SUMMARY OF THE RECORD 

On February 26, 1990, the applicant enlisted in the Coast Guard for a term of four 
years.  On February 25, 1994, he reenlisted for a second term of four years, through Feb-
ruary 24, 1998.  Therefore, his sixth anniversary on active duty fell on February 26, 1996.  
There  is  no  documentation  of  SRB  counseling  in  the  applicant’s  record  for  the  three-
month period prior to his sixth active duty anniversary. 

 
On May 29, 1997, the applicant extended his enlistment for 2 years and 9 months 

in order to accept transfer orders. 

VIEWS OF THE COAST GUARD 

 

On April 19, 2000, the Chief Counsel of the Coast Guard issued an advisory opin-

 
 
ion in which he recommended that the Board deny the applicant’s request.   
 
The Chief Counsel stated that ALDIST 250/96 did not go into effect until Decem-
 
ber  1,  1996.    Therefore,  the  applicant’s  sixth  active  duty  anniversary  occurred  nine 
months before ALDIST 250/96 authorized an SRB for the applicant’s rating. 
 
 
The Chief Counsel further stated that the SRBs in effect at the time of the appli-
cant’s  sixth  active  duty  anniversary  in  February  1996  were  authorized  by  ALDIST 
069/95.      That  ALDIST,  he  stated,  did  not  authorize  an  SRB  for  members  in  the  RD 
rating. 
 
 
Therefore,  the  Chief  Counsel  argued,  any  failure  to  counsel  the  applicant  con-
cerning  SRBs  prior  to  his  sixth  active  duty  anniversary  constituted  harmless  error 
because he was not eligible for an SRB under the ALDIST in effect at the time. 
 
 

The Chief Counsel did not address the applicant’s alternative request for relief. 

 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
On April 21, 2000, the BCMR sent a copy of the Coast Guard’s advisory opinion 
 
to  the  applicant  and  invited  him  to  respond  within  15  days.    The  applicant  did  not 
respond. 
 

APPLICABLE REGULATIONS 

Section 3.d.9. of Enclosure (1) to COMDTINST 7220.33 (Reenlistment Bonus Pro-

grams Administration) states as follows: 
 

Commanding  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 expiration of enlistment), for the purpose of qualifying for 
a Zone A, B, of C SRB respectively. 
  
 
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 069/95, issued on April 19, 1995, established SRBs for personnel in cer-
tain  skill  ratings  who  reenlisted  or  extended  their  enlistments  before  November  30, 
1996.  No Zone A SRB was in effect for members in the xx rating under this ALDIST. 
 

 
ALDIST 250/96, issued on November 21, 1996, established SRBs for personnel in 
certain skill ratings who reenlisted or extended their enlistments between December 1, 
1996, and June 30, 1997.  The multiple to be used for calculating Zone A SRBs for mem-
bers in the xx rating was one.  No Zone B SRBs were authorized. 

 
Article 12-D-6.c.(3) of the Personnel Manual provides that members, such as the 
applicant, in pay grade E-4 may not reenlist or extend their service beyond 10 years and 
1 month of active military service.  Article 12-D-6.e.(1) states that this “HYT policy takes 
precedent over other policies involving reenlistment or extension opportunities” unless 
an HYT waiver is granted.  Article 12-D-6.i.(1) provides that a member in pay grade E-4 
must submit a request for waiver of HYT policy “6 to 12 months prior to the member’s 
PGP [professional growth point] date.” 

 
ALDIST 054/97, issued on March 13, 1997, provided that, because of personnel 
shortages, all requests for waivers from the PGP requirements of the HYT rules in Arti-
cle 12.D.6. of the Personnel Manual would be considered for approval “irrespective of 
the date in which the member is scheduled to depart.”  
 

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. 
 

3. 

The applicant alleged that he was not properly counseled about his eligi-
bility for an SRB prior to his sixth active duty anniversary on February 26, 1996.  He 
alleged that, had he been properly counseled, he would have reenlisted to receive an 
SRB under ALDIST 250/96.  
 
 
ALDIST  250/96  was  not  issued  and  did  not  go  into  effect  until  several 
months after the applicant’s sixth active duty anniversary.  ALDIST 069/95, which was 
in effect at the time of his sixth active duty anniversary, did not authorize an SRB for 
members in the xx rating.  Therefore, the Coast Guard’s failure to counsel the applicant 
concerning  SRBs  during  the  3  months  before  his  sixth  active  duty  anniversary  was 
harmless. 
  

The applicant alleged that when he extended his enlistment in May 1997, 
he should have been allowed to reenlist for more than 2 years and 9 months to receive 
the maximum allowable SRB under ALDIST 250/96.  He alleged that if his yeoman had 
counseled him properly concerning ALDIST 054/97, he would have requested and been 
granted a waiver so that he could reenlist to receive a maximum SRB.   

4. 

1. 

2. 

 
5. 

In May 1997, the applicant was in Zone B because he had more than 6 but 
fewer  than  10  years  of  active  service.    ALDIST  250/96  did  not  authorize  any  Zone B 
SRBs in the applicant’s rating.  Therefore, correcting the applicant’s record to lengthen 
the amount of service he obligated in May 1997 would not make him eligible to receive 
an SRB.  Moreover, he has not proved that a waiver would have been granted had he 
requested one under ALDIST 054/97. 
 

6. 

Accordingly, the applicant’s request should be denied. 

 

 
 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

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

ORDER 

 

 
 

hereby denied.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
Robert C. Ashby 

 

 

 
James K. Augustine 

 

 

 
 
Angel Collaku 

 

 

 

 

 

 

 

 

 

 

 

 



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