DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2000-027
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 30, 1999, follow-
ing 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 November 16, 2000, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a xxxxxxxxxx on active duty in the Coast Guard, asked the Board
to correct his military record to show that, in 1982, he extended his enlistment for six
years so that he could receive a Zone A Selective Reenlistment Bonus (SRB)1 with a
multiple of 4, pursuant to ALDISTs 340/81 and 004/82.
The applicant alleged that he was never counseled in 1982 about his eligibility to
receive an SRB under ALDISTs 340/81 and 004/82. He alleged that, if he had been
counseled, he would have decided to reenlist for six years on June 14, 1985,2 to receive
the maximum possible bonus because he always intended to make a career in the Coast
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 more than 21 months but less than 6 years of active
duty service are in “Zone A.” Members may not receive more than one bonus per zone.
2 Because the applicant was not eligible to reenlist in 1982, the Board interprets his statement as an
allegation that if he had been counseled about the ALDISTs, he would have extended his enlistment in
1982 for six years from June 16, 1985, to June 15, 1991.
Guard. The applicant stated that he did not discover his eligibility for this SRB until the
executive officer at his current unit told him about the ALDISTs in September 1999.
SUMMARY OF THE RECORD AND REGULATIONS
The applicant enlisted in the Coast Guard as a seaman recruit on June 16, 1981,
for a term of four years. He was promoted to xxxxxx; pay grade E-2) in August 1981
and to xxxxxxx pay grade E-3) in October 1982. He was promoted to xxx (pay grade E-
4) in July 1983. On June 14, 1985, he reenlisted for a second term of four years. On June
14, 1989, he reenlisted for a third term of four years. Although there are no further
reenlistment or extension contracts in the applicant’s paper military record, he
apparently remains on active duty. There is no documentation of SRB counseling in his
record prior to 1989.
On October 1, 1981, the Commandant of the Coast Guard issued ALDIST
340/81, which allowed members within 30 days of the end of their enlistment periods to
receive an SRB if they reenlisted or extended their current enlistments for at least three
years. The Zone A SRBs authorized for members in the xx rating who extended their
enlistments or reenlisted under ALDIST 340/81 were calculated with a multiple of four.
On January 12, 1982, ALDIST 004/82 temporarily locked in the multiples issued under
ALDIST 340/81 and waived the requirement that members be within 30 days of the end
of their enlistment periods in order to be eligible to receive the SRB for extending their
enlistments. To take advantage of ALDIST 004/82, members had to extend their
enlistments before February 15, 1982.
Commandant Instruction 7220.13E (Administration of the Reenlistment Bonus
Program) was released on May 4, 1979, and was in effect when ALDIST 340/81 and
ALDIST 004/82 were issued. Article 1.d.(1) provided the criteria for SRB eligibility in
Zone A. The first criterion listed is that the member “[b]e serving on active duty in pay
grade E-3 or higher in a military specialty designated [in the ALDIST].” The Coast
Guard was required to counsel members who were eligible for an SRB. See COMDT-
INST 7220.13E, Enclosure (1), Article 1.g., and the Decision of the Deputy General
Counsel in BCMR Docket No. 93-121 (holding that Coast Guard regulations require that
eligible members be “fully informed” that they may reenlist or extend their enlistments
to receive SRBs).
VIEWS OF THE COAST GUARD
On June 29, 2000, the Chief Counsel of the Coast Guard issued an advisory opin-
ion recommending that the Board deny the applicant’s request. He stated that the
applicant was ineligible for an SRB under ALDIST 004/82 because he was in pay grade
E-2 when it was in effect. Under Article 3.C.a.(4)3 of the SRB Instruction, he stated,
members must be in pay grade E-3 or above to be eligible to receive an SRB. Moreover,
the Chief Counsel argued, there was no SRB in effect for members in the xx rating
during the three months prior to the end of his first enlistment on June 15, 1985.
3 The Chief Counsel cited an article in the SRB Instruction issued in 1988 (COMDTINST 7220.33). How-
ever, that article is substantially the same as Article 1.d.(1) of Enclosure (1) to COMDTINST 7220.13E,
which was in effect in 1982.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On June 30, 2000, the Chairman sent the applicant a copy of the Chief Counsel’s
advisory opinion and invited him to respond within 15 days. The applicant requested
and was granted a 45-day extension of the time to respond on July 15, 2000, but the
Board never received a response.
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 over this matter pursuant to 10 U.S.C. § 1552.
2.
Under ALDIST 004/82, from January 12 to February 14, 1982, members
could extend their enlistments to receive an SRB even if they were not within thirty
days of the ends of their enlistments. However, ALDIST 004/82 did not repeal the
other eligibility criteria for an SRB contained in COMDTINST 7220.13E. One of those
criteria, listed in Article 1.d.(1) of Enclosure (1) to the instruction, was that the member
be in pay grade E-3 or above. The applicant was in pay grade E-2, which is below E-3,
while ALDIST 004/82 was in effect.
Although the applicant was advanced to pay grade E-3 by the time any
extension he might have signed in February 1982 would have gone into effect, this does
not mean that in February 1982 he would have been permitted to sign an extension con-
tract based on the possibility that he might be advanced before the extension became
operative. Neither ALDIST 004/82 nor COMDTINST 7220.13E contained any provi-
sions for allowing members to extend their enlistments on the chance that they might
have met the eligibility criteria by the time their extensions became operative. This
finding—that the applicant had to be in pay grade E-3 or above while the ALDIST
authorizing the SRB was in effect—is consistent with the Board’s decisions in BCMR
Docket Nos. 2000-012, 1999-177, 1999-166, and 1999-056.
Because the applicant was in pay grade E-2 while ALDIST 004/82 was in
effect, he was ineligible for the SRB authorized by the ALDIST. Therefore, the Coast
Guard’s failure to counsel him about the ALDIST was not an error or an injustice.
4.
3.
5.
Accordingly, the applicant’s request should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of XXXXXXXX, USCG, for correction of his military record is
hereby denied.
Robert C. Ashby
Edmund T. Sommer, Jr.
Mark A. Tomicich
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