DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2002-027
FINAL DECISION
ANDREWS, Deputy Chair:
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 18, 2002, 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 26, 2002, is signed by the three duly
RELIEF REQUESTED
The applicant asked the Board to correct his military record to show that he
reenlisted on February 26, 1999, instead of signing a three-year extension of enlistment
contract on June 29, 1999. The correction would entitle him to receive a Zone A selec-
tive reenlistment bonus (SRB)1 pursuant to ALDIST 290/98.
APPLICANT’S ALLEGATIONS
The applicant alleged that on February 26, 1999, when he needed to obligate
additional service to accept transfer orders, his command erroneously counseled him
that he was not eligible for an SRB under the provisions ALDIST 184/99. He alleged
that his command should have counseled him that he was eligible for an SRB calculated
with a multiple of one under ALDIST 290/98.
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 less than 6 years on active duty are in “Zone
A.” Members may only receive one SRB per zone.
In support of his allegations, the applicant submitted a letter apparently signed
by a chief warrant officer serving as the chief of the Personnel Services Division at the
Integrated Support Command in xxxxxxxxxxxxx, who stated the following:
1.
On 26 February 1999, [the applicant] was counseled with ALDIST 184/99 as hav-
ing no SRB. ALDIST 184/99 had not been released until 13 May 1999. Member should
have been counseled based on ALDIST 290/98 which states member entitled to Zone A
SRB with a multiple of one. On 29 June 1999 [the applicant] extended his enlistment to
meet obligated service incident to PCS transfer for 2 years and 5 months. Due to
improper SRB counseling this member was not provided the opportunity to reenlist to
claim SRB in accordance with ALDIST 290/98 which expired on 14 June 99. Member
wishes to reenlist for a period of 5 years as of 26 February 1999 to claim SRB. …
2.
of reenlistment date.
Highly recommend favorable consideration be give to [his] request for correction
APPLICABLE REGULATIONS
Section 2 of Commandant Instruction 7220.33 (Reenlistment Bonus Programs
Administration) provides that “[a]ll personnel with 14 years or less active service who
reenlist or extend for any period, however brief, shall be counseled on the SRB
program. They shall sign a page 7 service record entry, enclosure (3), outlining the
effect that particular action has on their SRB entitlement.”
ALDIST 290/98 was issued on November 25, 1998, and became effective imme-
diately. It established SRBs for personnel in certain skill ratings who reenlisted or
extended their enlistments for at least three years. The multiple to be used for calculat-
ing SRBs for members in the DC rating in Zone A was one.
ALDIST 184/99 was issued on May 13, 1999. It provided that the SRB multiples
authorized under ALDIST 290/98 were in effect only through June 14, 1999, and it
established new multiples to go into effect on June 15, 1999. The multiple to be used for
calculating Zone A SRBs for members in the DC rating who reenlisted or extended their
enlistments after June 15, 1999, was one-half.
SUMMARY OF THE RECORD
On April 8, 1997, the applicant enlisted in the Coast Guard for a term of four
years, through April 7, 2001. On June 29, 1999, he signed an extension contract obligat-
ing himself to an additional two years and five months, through September 7, 2003, so
that he would have sufficient obligated service to accept transfer orders and perform a
full four-year tour of duty at his next post. On the contract, he acknowledged having
reviewed ALDIST 184/99 and the SRB Instruction. The contract indicates that he was
not entitled to an SRB for his extension.
The applicant’s record contains an administrative entry (“page 7”) dated June 21,
1999, which states that he was advised that under ALDIST 184/99, there was no SRB
multiple in effect for his rating. The applicant’s record also contains a page 7 dated Feb-
ruary 26, 1999, which states that he was advised that under ALDIST 184/99, there was
no SRB multiple in effect for his rating. On both page 7s, he acknowledged having
reviewed ALDIST 184/99 and the SRB Instruction.
VIEWS OF THE COAST GUARD
On May 23, 2002, the Chief Counsel of the Coast Guard recommended that the
Board deny the applicant’s request.
The Chief Counsel stated that “the Board should deny relief based on Appli-
cant[’s] sworn statement alleging he was counseled in February 1999 with a message
released in May 1999. He stated that the applicant’s sworn statement “is not credible as
it involves an impossibility.” He explained that ALDIST 184/99 did not exist in Febru-
ary 1999 and that, because ALDISTs are numbered sequentially in the order they are
released, it was impossible in February 1999 to know that the next ALDIST concerning
SRBs would have the number 184/99. In fact, the Chief Counsel stated that no one
could know what number the next SRB ALDIST would have until the day it was issued,
May 13, 1999.
The Chief Counsel further stated that sometime prior to June 29, 1999, the appli-
cant received transfer orders. To accept them, he had to have at least four years of obli-
gated service to complete a full tour at his new unit. Therefore, he extended his contract
for two years and five months, which was the minimum amount of time necessary to
accept the orders. The Chief Counsel stated that this extension did not entitle the appli-
cant to an SRB because it was not at least three years long. He stated that the appli-
cant’s command likely completed the extension contract to show that he was not enti-
tled to an SRB because he was not obligating sufficient service to qualify for one. If the
applicant had extended his enlistment or reenlisted for at least three years on June 29,
1999, he would have received the SRB authorized under ALDIST 184/99.
The Chief Counsel also pointed out that the applicant did not apply for relief
until more than two and one-half years since the alleged error had passed. He argued
that given “the lack of credibility afforded his statements and the lengthy delay in
making application, the Board should properly find that Applicant’s treatment in the
instant case does not constitute an injustice.”
Finally, the Chief Counsel stated that the applicant did not make any allegations
with respect to his SRB counseling on June 21, 1999, and that if the applicant did make
such allegations in his response to the advisory opinion, the Coast Guard would want
an opportunity to respond.
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On May 28, 2002, the BCMR sent the applicant a copy of the Chief Counsel’s
advisory opinion and invited him to respond. No response was received.
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 concerning this matter pursuant to 10 U.S.C.
§ 1552. The application was timely.
2.
The applicant alleged that on February 26, 1999, he was erroneously coun-
seled about his SRB eligibility under ALDIST 184/99, which was not even issued until
May 13, 1999. A page 7 in his record and a statement from his new command seem to
support his allegation. However, the Board finds that the applicant’s allegation is not
credible and that the page 7 in his record is misleading and not reliable. As the Chief
Counsel stated, it would have been impossible for anyone to know on February 26,
1999, the number or contents of the next SRB ALDIST.
3.
The applicant’s record also contains a page 7 dated June 21, 1999, which
erroneously indicates that no SRB was authorized for his rating under ALDIST 184/99.
In fact, ALDIST 184/99 authorized an SRB with a multiple of one-half for the appli-
cant’s rating, and if he had reenlisted or extended for at least three years, he would have
received it. However, the applicant twice acknowledged having reviewed ALDIST
184/99, which clearly shows that the multiple for this rating was one-half. Moreover, in
light of the misleading page 7 dated February 26, 1999, in the applicant’s record, the
Board does not trust the validity of the page 7 dated June 21, 1999. Therefore, the Board
finds that the page 7 dated June 21, 1999, does not prove that he was miscounseled
regarding his eligibility for an SRB in June 1999.
4.
Accordingly, the applicant’s request should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his
ORDER
military record is denied.
L. L. Sutter
Nilza F. Velazquez
Blane A. Workie
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