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 24, 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. 2000-057 
 
 
   

 
 
The applicant, a xxxxxxxxxxxxxxx, asked the Board to correct his record to show 
that he reenlisted for 6 years on his tenth anniversary on active duty.  The correction 
would entitle him to receive a Zone B selective reenlistment bonus (SRB)1 pursuant to 
ALDIST 184/99.   
 

APPLICANT’S ALLEGATIONS 

The applicant stated that on his tenth 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  tenth  anniversary  had  passed.    He  further 
alleged that, if he had been properly counseled, he would have reenlisted for a term of 6 
years to receive the maximum allowable SRB for his rating under ALDIST 184/99.  In 
                                                 
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 6 and 10 years on active duty are in 
“Zone B.”  Members may only receive one SRB per zone. 

support of his allegations, he submitted a statement signed by his unit’s yeoman, who 
stated  that,  because  of  an  administrative  error,  she  was  not  forewarned  of  his  tenth 
active duty anniversary and she did not counsel him about his eligibility for an SRB. 
 

SUMMARY OF THE RECORD 

 

 

On  September  30,  1998,  the  applicant  enlisted  in  the  Coast  Guard  for  4  years, 
through September 29, 2002.  Because he had previously served 9 years, 2 months, and 
26 days on active duty in another service, his active duty base date is July 4, 1989. 

 
The  applicant’s  tenth  anniversary  on  active  duty  fell  on  July  4,  1999.    At  that 
time, ALDIST 184/99 was in effect, authorizing Zone B SRBs calculated with a multiple 
of one-half for members in the FS 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. 
  

VIEWS OF THE COAST GUARD 

 
 
On August 2, 2000, the Chief Counsel of the Coast Guard recommended that the 
Board grant relief in this case.  He stated that the applicant’s request should be granted 
because the record supports his allegation that he was not counseled about his eligibil-
ity to receive the SRB.  He also stated that the applicant “took action to rectify the fail-
ure to counsel error after its discovery and is now willing to offer a new 6-year enlist-
ment 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 6 years on July 2, 1999, his tenth active duty anniversary.2  
He noted that because the applicant had previously obligated himself to serve through 
September 29, 2002, his Zone B SRB would be reduced due to his 38 months of “previ-
ously obligated service.” 
 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

 
 
On August 2, 2000, the BCMR sent the applicant a copy of the Chief Counsel’s 
recommendation and invited him to respond within 15 days.  On August 23, 2000, he 
responded, indicating that he agreed with the Chief Counsel’s recommendation. 
 

APPLICABLE REGULATIONS 

                                                 
2  In a telephone call with BCMR staff, the Office of the Chief Counsel stated that it recommended the 
contract date be July 2, 1999, rather than July 4, 1999, to avoid the holiday and weekend, because July 4, 
1999, was a Sunday. 

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, 
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 B SRBs for members in the FS rating was one-half.   
 

FINDINGS AND CONCLUSIONS 

1. 

 
2. 

 
 
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 counseled about his eligibility for an 
SRB prior to his tenth anniversary on active duty.  He alleged that, had he been coun-
seled,  he  would  have  been  discharged  on  his  tenth  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 any time during the three months prior to 
his tenth active duty anniversary, July 4, 1999, in order to reenlist and receive a Zone B 
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 
tenth 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 

4. 

been so counseled, a page 7 documenting the counseling should appear in his record, 
but there is none.  Moreover, the applicant’s unit’s yeoman signed a statement indicat-
ing that he had not been properly counseled.  Therefore, the preponderance of the evi-
dence 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 6 years to receive an SRB. 
 
 
The Chief Counsel recommended that the Board grant relief by reenlisting 
the applicant for 6 years as of July 2, 1999, rather than July 4, 1999, to avoid the holiday 
and weekend.  The Board finds that, had the applicant been properly counseled, it is 
much more likely that he would have been reenlisted on July 2nd than on July 3rd or 
July 4th.  

5. 

6. 

 
7. 

Accordingly, relief should be granted by correcting the applicant’s record 

to show that he reenlisted for 6 years on July 2, 1999.   

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

ORDER 

 

hereby granted as follows: 
 

His record shall be corrected to show that he was discharged and reenlisted on 
July 2, 1999, for a term of six years, for the purpose of receiving a Zone B SRB with a 
multiple of one-half under ALDIST 184/99.   

 
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