DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2000-024
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 November 29, 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 July 13, 2000, is signed by the three duly appointed
RELIEF REQUESTED
The applicant, axxxxxxxxxxxxxx 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 January 17, 1999, his tenth anniversary on active duty. The
correction would make him eligible to receive a selective reenlistment bonus (SRB)
under ALDIST 290/98.
APPLICANT’S ALLEGATIONS
The applicant alleged that he was never counseled concerning SRBs during the
three months prior to his tenth anniversary on active duty. He alleged that such coun-
seling was required by COMDTINST 7220.33 and that if he had received it, he would
have reenlisted for six years so as to be eligible for the SRB.
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard on January 17, 1989, for a term of four
years. On January 17, 1995, he reenlisted for three years.1 On June 16, 1998, he reenlist-
ed for three years, through June 15, 2001.2 The applicant’s tenth anniversary on active
duty fell on January 17, 1999. There is no documentation in his record of any SRB
counseling since 1995.
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 stated that the record supports the applicant’s allegations of
error. He also stated that the applicant took prompt action to rectify the error and is
willing to reenlist for six years in consideration for the SRB. Therefore, the Chief Coun-
sel recommended that the Board grant relief by correcting his record to show that he
reenlisted for six years on January 17, 1999, to receive a Zone B SRB3 calculated with a
multiple of 1 in accordance with the terms of ALDIST 290/98.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On June 27, 2000, the Chairman sent the applicant a copy of the views of the
Coast Guard and invited him to respond within 15 days. The applicant did not
respond.
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,
1 Although there is no paper copy of an enlistment or extension of enlistment contract covering the
period January 17, 1993, through January 16, 1995, in the applicant’s record at Coast Guard headquarters,
it is clear from his record that he remained on active duty continuously during this period.
2 Although there is no paper copy of an enlistment or extension of enlistment contract covering the
period January 17, 1998, through June 15, 1998, in the applicant’s record at Coast Guard headquarters, it
is clear from his record that he remained on active duty continuously during this period.
3 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 6 and 10 years on active duty are in
“Zone B.”
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 290/98, issued on November 24, 1998, authorized SRBs for members in
the xx rating in Zone B who reenlisted or extended their enlistments after November 25,
1998, received an SRB with a multiple of 1. 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:
The Board has jurisdiction concerning this matter pursuant to section 1552
1.
2.
of title 10, United States Code. The application was timely.
3.
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 tenth anniversary on active duty, January 17, 1999. He alleged that,
had he been properly counseled, he would have reenlisted for six years to become eligi-
ble for the SRB.
Under Enclosure (3) to Commandant Instruction 7220.33, the applicant
had a right to be counseled concerning SRBs prior to his tenth active duty anniversary,
January 17, 1999. 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 counseled, a Form CG-3307 should appear in his record, but there is none.
Under Section 3.d.(9) of Enclosure (1) to the instruction, the applicant was
eligible to be discharged on January 17, 1999, his tenth active duty anniversary, and
immediately reenlisted to qualify for a Zone B SRB. Under ALDIST 290/98, he would
have received a Zone B SRB with a multiple of 1 for his newly obligated service.
4.
5.
The Chief Counsel recommended that the Board grant the applicant relief
by correcting his record to show that on January 17, 1999, he reenlisted for a term of six
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 tenth active duty anniversary. Had he been prop-
erly counseled, the Board is persuaded that he would have reenlisted for six years to
receive the maximum possible SRB, subject to reduction for the remaining obligated
service on his previous enlistment.
6.
7.
Accordingly, the applicant’s request should be granted.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
hereby granted.
His record shall be corrected to show that on his tenth anniversary on active
duty, January 17, 1999, he was discharged and immediately reenlisted for a term of six
years for the purpose of receiving a Zone B SRB calculated with a multiple of 1 in
accordance with the terms of ALDIST 290/98.
The Coast Guard shall pay the applicant any sum he is due as a result of this
Harold C. Davis, M.D.
John A. Kern
Charles Medalen
The application of XXXXXXX, USCG, for correction of his military record is
ORDER
correction.
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