DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2002-095
Xxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
FINAL DECISION
ANDREWS, Deputy Chair:
This proceeding was conducted under the provisions of section 1552 of title 10
and section 425 of title 14 of the United States Code. The application was docketed on
May 8, 2002, upon the BCMR’s receipt of the applicant’s completed application.
members who were designated to serve as the Board in this case.
This final decision, dated February 4, 2003, is signed by the three duly appointed
APPLICANT’S REQUEST
The applicant asked the Board to correct his record to show that he reenlisted for
six years on February 5, 2001, to receive a selective reenlistment bonus (SRB) calculated
with a multiple of 2.5 in accordance with ALCOAST 488/00. He stated that he had
missed the opportunity to reenlist for an SRB because he was convalescing. He also
asked the Board to correct two short-term extension contracts entered in his record
while he was convalescing and to void an indefinite reenlistment contract he signed on
July 16, 2001.
SUMMARY OF THE APPLICANT’S ALLEGATIONS AND RECORD
On March 5, 1991, the applicant enlisted in the Coast Guard. While working on
an xxxxxxxxxxxxxx tower on xxxxxxxx, 199x, he fell xx feet and incurred multiple
injuries to his spine, head, shoulder, ribs, wrist, and soft tissues. On March 28, 2000,
while he was still recovering, an Initial Medical Board (IMB) was convened to assess his
condition. The IMB determined that he was fit for limited duty for the following six
months (no sea duty or lifting more than ten pounds) and that he was expected to
become fit for full duty so that no further processing under the Physical Disability
Evaluation System was necessary.
While still in recovery and performing limited duty, the applicant’s enlistment
terminated on August 4, 2000. He wanted to extend his enlistment or reenlist but was
told that he could not do so while he was still recovering and fit for only limited duty.
Instead, he was given an involuntary six-month extension, which went into effect on
August 5, 2000. On February 5, 2001, because he was still recovering from his injuries
and assigned to limited duty, he was again given an involuntary six-month extension,
through August 4, 2001.
The applicant’s tenth anniversary on active duty, which is the end of Zone B,1
occurred on March 5, 2001. Under ALCOAST 488/00, which was in effect from Febru-
ary 1 through April 30, 2001, no SRB multiple was authorized for members in the MK
rating in Zone B on that day. In fact, throughout the four years during which the appli-
cant was in Zone B, from March 5, 1997, through March 5, 2001, no Zone B SRB multiple
was ever authorized for the MK rating.2
On July 16, 2001, after his command received notice that he was fit for full duty,
the applicant was allowed to reenlist indefinitely in the Coast Guard.
The applicant alleged that, because he was never found to have a temporary or
permanent physical disability, he should not have been given the two six-month invol-
untary extensions and he should have been allowed to extend or reenlist for a long term
to receive an SRB. In support of his allegation, he submitted several letters from his
chain of command stating that the applicant should have been allowed to reenlist to
receive the maximum SRB prior to his tenth anniversary.
VIEWS OF THE COAST GUARD
On October 28, 2002, the Chief Counsel submitted an advisory opinion in which
he recommended that the Board grant the applicant’s request by reenlisting him for six
years on his tenth anniversary. The Chief Counsel stated that because the applicant was
later found fit for full duty, clearly intended to reenlist, and promptly sought relief, his
request should be granted “based on the equities of this case.”
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
1 SRBs vary according to the length of each member’s active duty service, the length of the reenlistment or extension
of enlistment, and the need of the Coast Guard for personnel in the member’s skill rating. Coast Guard members
who have served between 21 months and 6 years on active duty are in “Zone A.” Those with at least 6 years but
fewer than 10 years of active service are in “Zone B.” Members may not receive more than one bonus per zone.
2 See ALDISTs 135/97, 226/97, 046/98, 206/98, 290/98, and 184/99; and ALCOASTs 184/99, 218/00, and
488/00.
On November 4, 2002, the BCMR sent the applicant a copy of the advisory opin-
ion and invited him to respond within 15 days. The applicant responded on November
12, 2002, stating that he agreed with the Chief Counsel’s recommendation.
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 asked the Board to make certain corrections to his record so
that, under ALCOAST 488/00, he would receive an SRB for a six-year reenlistment
dated February 5, 2001. The Chief Counsel of the Coast Guard recommended that the
Board reenlist him instead on his tenth active duty anniversary, March 5, 2001, for the
SRB.
3.
The applicant enlisted on March 5, 1991, and so was in Zone B from March
5, 1997, to March 5, 2001. At no time during those four years was a Zone B SRB ever
authorized for members in the MK rating.3 From February 1 through April 30, 2001,
ALCOAST 488/00 was in effect. It authorized an SRB calculated with a multiple of 2.5
for members in the MK rating in Zone A, but it did not authorize any SRB multiple for
those in Zone B like the applicant.
4.
Because no Zone B SRB was ever authorized for the applicant’s rating
while he was in Zone B, neither the corrections he requested nor the correction the
Chief Counsel recommended would cause him to be entitled to an SRB. In fact, there is
no correction that the Board could make to his enlistment or extension contracts that
would cause him to be eligible for a Zone B SRB under the law.
5.
Under ALCOAST 127/01, a Zone B multiple was authorized for members
in the MK rating who reenlisted after May 1, 2001. However, by that date, the applicant
was already in Zone C, for which no SRBs were authorized.
6.
Whether the applicant was legally entitled to extend or reenlist for a long
period while he was convalescing is irrelevant to the Board’s decision in this matter
because under the various ALDISTs and ALCOASTs in effect while he was in Zone B,
he was never eligible for an SRB.
3 Id.
7.
Because the applicant requested the revisions to his contracts solely
because he believed they would make him entitled to an SRB and because his belief was
erroneous, the Board finds no reason to correct his record.
8.
Accordingly, the application should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his military
record is denied.
Terence W. Carlson
Charles Medalen
Karen L. Petronis
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