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CG | BCMR | SRBs | 2001-005
Original file (2001-005.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. 2001-005 

 

 
 

 

 

TECHNICAL AMENDMENT 

This is a proceeding conducted in accordance with 33 C.F.R. § 52.73 to consider a 

 
ANDREWS, Attorney-Advisor: 
 
 
technical amendment to the order issued by the Board in Docket No. 2001-005.   
 
 
appointed members who were designated to serve as the board in this case. 
 

This technical amendment, dated September 27, 2001, is signed by the three duly 

HISTORY OF DOCKET NO. 2001-005 

In  Docket  No.  2001-005,  the  applicant  asked  the  Board  to  correct  his  record  to 
qualify him for a selective reenlistment bonus (SRB).  He had been erroneously coun-
seled  that  he  would receive an SRB if he extended his enlistment for 3 years on Feb-
ruary 18, 1999.  In fact, he needed to reenlist (rather than extend) for at least 4 years. 

 
In a supplemental advisory opinion for the case, the Chief Counsel of the Coast 
Guard  recommended  that  the  Board  grant  relief  by  replacing  the  applicant’s  3-year 
extension contract with a 4-year reenlistment contract and by voiding another extension 
contract dated February 24, 1997, which would have been cancelled had the applicant 
reenlisted on February 18, 1999.  The Chief Counsel also stated that he would not object 
if the applicant chose to reenlist for 5 or 6 years, instead of 4, to receive a larger SRB.   

 
The Board received no response to the supplemental advisory opinion from the 
applicant.  On August 9, 2001, it granted relief by canceling the extensions and creating 
a 4-year reenlistment contract dated February 18, 1999. 

REQUEST FOR TECHNICAL AMENDMENT 

 
On September 24, 2001, the applicant telephoned the BCMR and stated that he 
had  recently  returned  from  being  underway  for  several  weeks  and  had  received  the 
supplemental  advisory  opinion  and  the  Board’s  final  decision  simultaneously.    He 
stated  that  if  he  had  received  the  supplemental  advisory  opinion  on  time,  he  would 
have asked for a 6-year reenlistment contract.  On the same day, the Chief Counsel’s 

 

 
office indicated that it would not object if the Board amended its order to lengthen the 
applicant’s reenlistment contract from 4 to 6 years. 
 

 
The  military  record  of  XXXXXXXXXXXXXXXXXX,  USCG,  shall  be  corrected  to 
show that he reenlisted on February 18, 1999, for 6 years.  The extension contracts he 
signed on February 24, 1997, and February 18, 1999, shall be null and void.  The Coast 
Guard shall pay the applicant the amount due him as a result of this correction. 

AMENDED ORDER 

 

 

 

 

FINDINGS AND CONCLUSIONS 

 
1. 

 
 
The  applicant  apparently  missed  his  opportunity  to  respond  to  the 
supplemental advisory opinion because of his cutter’s underway schedule.  If he had 
not  been  underway,  he  would  have  submitted  a  written  request  for  a  6-year 
reenlistment contract, as suggested by the Chief Counsel. 
 
 
increasing the applicant’s reenlistment (and thus his SRB) from 4 to 6 years. 
 
 
lengthen the applicant’s new reenlistment contract from 4 to 6 years. 

The  Chief  Counsel  does  not  object  to  the  requested  amendment, 

Accordingly,  the  order  in  Docket  No.  2001-005  should  be  amended  to 

2. 

3. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

      
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
Michael K. Nolan 

 

 

 

 
Edmund T. Sommer, Jr. 

 

 

 

 
David M. Wiegand 

 

 

 

 

 

 

 

 

 

 

 
 

 

 
 
 
 
 
 
 

SUMMARY OF THE RECORD 

ANDREWS, Attorney-Advisor: 

The applicant asked the Board for a Zone A selective reenlistment bonus (SRB).  A 3-
year extension contract he signed on February 18, 1999, to obligate sufficient service to accept 
transfer orders shows that he was promised a Zone A SRB under the terms of ALDIST 290/98.  
However, the extension did not become operative until the end of his enlistment on February 
20,  2000,  by  which  date  he  had  completed  more  than  6  years  of  military  service  and  was  in 
Zone B.  Therefore, he never received the Zone A SRB.  The applicant submitted an affidavit 
from his commanding officer, who stated that the applicant had been erroneously counseled 
and should have been advised to cancel a previous 3-month extension and reenlist to receive 
the SRB. 
  
On February 3, 2001, the Chief Counsel of the Coast Guard recommended that the appli-
cant’s record be corrected to show that he reenlisted for 3 years instead of extending.  On July 
13, 2001, he revised his recommendation because further review revealed that in February 1999, 
the applicant had to reenlist for at least 4 years to accept the transfer orders. 
 

FINDINGS AND CONCLUSIONS  

Under  COMDTINST  7220.33,  the  applicant  was  entitled  to  proper  counseling 
concerning  his  eligibility  for  an  SRB.    The  Coast  Guard  erred  when  it  advised  him  that  his 
extension would entitle him to a Zone A SRB.  If he had been properly counseled, he would 
have canceled his 3-month extension and reenlisted for 4 years to accept the transfer orders and 
receive the SRB instead of extending his enlistment for 3 years.  Accordingly, relief should be 
granted.   

ORDER 

The  military  record  of  XXXXXXXXXXX,  USCG,  shall  be  corrected  to  show  that  he 
reenlisted on February 18, 1999, for 4 years.  The extension contracts he signed on February 24, 
1997, and February 18, 1999, shall be null and void.  The Coast Guard shall pay the applicant 
the amount due him under ALDIST 290/98 as a result of this correction. 

 

 

DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 

FINAL DECISION 
BCMR Docket No. 2001-005 

 
 

 

 
 

 

 
 

 

 
 

 

 
 

 

 

 
Laura A. Aguilar 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
 
 
 
Date:  August 9, 2001______   
 
 

 

 

 

 

 

 
 

James K. Augustine 

 

 
Dorothy J. Ulmer 

 

 

 

 

 



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