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 January 11, 2000, 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  September  7,  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. 2000-051 
 
 
   

 
 
The applicant, a xxxxxxxxxx, asked the Board to correct his record to show that 
he reenlisted for six years on his sixth anniversary on active duty.  The correction would 
entitle him to receive a Zone A selective reenlistment bonus (SRB)1 pursuant to ALDIST 
184/99.  In addition, he asked the Board to cancel the one-year extension contract he 
signed on January 21, 2000. 
 

APPLICANT’S ALLEGATIONS 

The applicant stated that on his sixth active duty anniversary, he was eligible for 
an SRB and that, pursuant to Coast Guard regulations, he should have been counseled 
about his eligibility.  He alleged that he was not properly counseled and did not learn 
about  the  SRB  opportunity  until  after  his  sixth  anniversary  had  passed.    He  further 
alleged that, if he had been properly counseled, he would have reenlisted for a term of 
                                                 
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 6 or less years on active duty are in “Zone A.”  
Members may only receive one SRB per zone. 

six years to receive the maximum allowable SRB for his rating under ALDIST 184/99.  
He alleged that, if he had reenlisted for six years on his sixth anniversary, he would not 
have been required to extend his previous enlistment for one year on January 21, 2000. 
 

SUMMARY OF THE RECORD 

On August 17, 1993, the applicant enlisted in the Coast Guard for a term of four 
years,  through  August 16, 1997.  On April 30, 1997, the applicant reenlisted for three 
years, through April 29, 2000.   

 
The applicant’s sixth anniversary on active duty fell on August 17, 1999.  On that 
day, ALDIST 184/99 was in effect, authorizing Zone A SRBs calculated with a multiple 
of three for members in the TC rating.  There is no administrative entry (page 7) in the 
applicant’s record to indicate that he was ever counseled about his eligibility for an SRB. 
 
 
April 29, 2001. 
  

On January 21, 2000, the applicant extended his enlistment for one year, through 

VIEWS OF THE COAST GUARD 

On July 28, 2000, the Chief Counsel of the Coast Guard recommended that the 

 
 
Board grant relief in this case. 
 
 
The Chief Counsel stated that the applicant’s request should be granted because 
he was not counseled about his eligibility to receive the SRB.  He also stated that the 
applicant “took proper action to rectify the alleged error after its discovery and is now 
willing to offer a new 6-year enlistment as consideration for the SRB he requests.” 
 
 
The Chief Counsel recommended that the Board correct the applicant’s record to 
show that he reenlisted for six years on his sixth active duty anniversary.  He noted that 
because the applicant had previously obligated himself to serve through April 29, 2000, 
his  Zone  A  SRB  would  be  reduced  due  to  his  nine  months  of  “previously  obligated 
service.” 
 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

On July 31, 2000, the BCMR sent the applicant a copy of the Chief Counsel’s rec-

 
 
ommendation and invited him to respond within 15 days.  He did not respond. 
 

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.” 
 
 
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 page 7 
signed by the member. 
 

ALDIST 184/99, issued on May 13, 1999, established SRBs for members in certain 
skill ratings who reenlisted or extended their enlistments after June 15, 1999.  The multi-
ple to be used for calculating Zone A SRBs for members in the TC rating was three.   
 

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. 

1. 

 
2. 

3. 

The applicant alleged that he was not properly counseled about his eligi-
bility for an SRB prior to his sixth anniversary on active duty.  He alleged that, had he 
been properly counseled, he would have been discharged on his sixth anniversary and 
immediately reenlisted for a term of 6 years to receive the maximum possible SRB for 
his rating.  
 
 
Under Section 3.d.(9) of Enclosure (1) to Commandant Instruction 7220.33, 
the  applicant  was  eligible  to  be  discharged  on  his  sixth  anniversary  on  active  duty, 
August 17, 1999, in order to reenlist and receive an SRB under ALDIST 184/99.  Under 
Enclosure (3) to the instruction, the applicant had a right to be counseled concerning his 
eligibility during the three months prior to his sixth active duty anniversary. 
 

There  is  no  evidence  that  the  Coast  Guard  counseled  the  applicant  con-
cerning his eligibility for an SRB prior to his sixth anniversary on active duty.  Had he 
been so counseled, a page 7 documenting the counseling should appear in his record, 

4. 

but there is none.  Therefore, the preponderance of the evidence indicates that the Coast 
Guard erred by not properly counseling the applicant. 
 

Upon discovering the error, the applicant quickly applied to this Board for 
relief.  Therefore, the Board concludes that, if the applicant had been timely counseled, 
he would have been discharged and reenlisted for a term of six years to receive an SRB. 
 

5. 

If he had reenlisted for six years on August 17, 1999, the applicant would 

not have needed to extend his previous enlistment on January 21, 2000. 

6. 

 
7. 

Accordingly, the applicant’s request should be granted.   

ORDER 

 

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

hereby granted as follows: 
 

His record shall be corrected to show that he was discharged and reenlisted on 
his  sixth  anniversary  on  active  duty,  August  17, 1999, for a term of six years, for the 
purpose of receiving a Zone A SRB with a multiple of three under ALDIST 184/99.   

 
The  one-year  extension  contract  that  he  signed  on  January  21,  2000,  and  that 

went into effect on April 30, 2000, shall be null and void. 

 
The Coast Guard shall pay the applicant the amount due him as a result of this 

 
 

correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
George J. Jordan 

 

 

 
Michael K. Nolan 

 

 

 

 

 
 
Thomas A. Phemister