DEPARTMENT OF TRANSPORTATION
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2002-098
Xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxx
FINAL DECISION
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 21, 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 February 19, 2003, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his record so that he would receive a
selective reenlistment bonus (SRB) for the full 72 months (six years) for which he reen-
listed on July 18, 2002.
The applicant alleged that when he received transfer orders in April 2001, they
indicated that, to accept the orders, he would be required to obligate sufficient service
to complete a full four-year tour of duty at his new station. Since he was transferring in
July 2001, he needed to obligate service through July 2005 to accept the orders. His
enlistment was due to expire on September 18, 2002, so he was advised to sign an exten-
sion contract for an additional 2 years and 10 months to have obligated service through
July 18, 2005. He alleged that his yeoman told him that, if he signed the extension con-
tract and became eligible for an SRB before September 18, 2002, he could cancel the
extension before it became operative to reenlist for a full SRB, undiminished by any
previously obligated service. Therefore, on April 11, 2001, he extended his enlistment
for 2 years and 10 months (34 months) to accept the transfer orders.
The applicant alleged that in April 2002, before the extension contract was to go
into effect, he inquired about reenlisting for an SRB and was told that even if he can-
Final Decision in BCMR Docket No. 2002-098 p. 2
celed the extension contract, it would still count as previously obligated service and
reduce his SRB by almost half: if he reenlisted in September 2002 before the extension
became operative for the maximum time allowed, 72 months, the 34 months of service
obligated under the extension contract would not be included in the calculation of his
SRB, which would be based on only 38 months of newly obligated service. When he
inquired further, he alleged, he discovered that he had also missed the chance to receive
an SRB when he signed the extension contract in April 2001 because only contracts of at
least 36 months qualify a member for an SRB. He alleged that in April 2001, his com-
mand failed to complete a “page 7” entry documenting SRB counseling, as required by
regulation.
The applicant concluded that because of the improper counseling he received, it
was unjust for him to receive an SRB based on only 38 months of his 72-month contract.
SUMMARY OF THE RECORD
On September 19, 1995, the applicant enlisted in the Coast Guard for four years,
through September 18, 1999. On April 1, 1997, he extended the enlistment for one year,
through September 18, 2000, to obligate sufficient service to attend school. However, on
September 19, 1999, he canceled the extension by reenlisting for three years, through
September 18, 2002. For this reenlistment, he received a Zone A SRB calculated with a
multiple of 3 in accordance with ALDIST 184/99.1
In April 2001, the applicant received transfer orders. To accept them, he was
required to have at least four years of obligated service to complete a full tour of duty at
his new station from July 2001 through July 2005. At the time, ALCOAST 488/00 was
in effect, and it authorized a Zone B SRB calculated with a multiple of 1 for members in
the ET rating. The applicant was still in Zone A in April 2001, but because any exten-
sion contract he signed would become operative on September 19, 2002, after he entered
Zone B, he could have received a Zone B SRB by signing an extension contract of at least
36 months’ duration.
On April 11, 2001, the applicant signed a contract extending his enlistment for 34
months, from September 19, 2002, through July 18, 2005, to accept the transfer orders.
The contract indicates that the SRB information was “NA,” or not applicable, and there
is no other documentation of SRB counseling in his record. He received no SRB for this
extension because only contracts of at least 36 months’ duration qualify a member for
an SRB.
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.
Final Decision in BCMR Docket No. 2002-098 p. 3
On July 18, 2002, before the 34-month extension became operative, the applicant
reenlisted for six years, through July 17, 2008. The contract states that in accordance
with ALCOAST 329/02,2 the applicant was eligible for a Zone B SRB based on 36
months of newly obligated service from July 18, 2005 (the end of his 34-month extension
contract), through July 17, 2008. On July 9, 2002, before signing this contract, he signed
a page 7 entry for his record acknowledging having received SRB counseling and hav-
ing read and fully understood the SRB Instruction, COMDTINST 7220.33.
VIEWS OF THE COAST GUARD
On October 21, 2002, the Chief Counsel of the Coast Guard submitted an advi-
sory opinion in which he recommended that the Board administratively close the case
instead of issuing a decision. The Chief Counsel alleged that when the applicant reen-
listed on July 18, 2002, because of the higher multiple in effect, he received a larger Zone
B SRB than he would have received if he had signed a six-year extension contract in
April 2001.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On October 28, 2002, the BCMR sent the applicant a copy of the advisory opin-
ion. In light of the Chief Counsel’s recommendation, the Chair recommended to the
applicant that he consult with someone knowledgeable about SRB regulations and reply
to the Board within 30 days. In response to the advisory opinion, the applicant alleged
that since he was told the extension could be canceled prior to its operative date with-
out reducing his SRB entitlement, it was unfair for those 34 months to be deducted from
his SRB. He asked the Board to correct his record to make the extension contract null
and void and to show that he reenlisted on September 18, 2002, for six years to receive
an SRB based on all 72 months of the contract.
APPLICABLE REGULATIONS
Section 2 of the SRB Instruction (COMDTINST 7220.33) provides that “[a]ll per-
sonnel with 14 years or less active service who reenlist or extend for any period, how-
ever 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.” Enclosure (3) requires members to acknowledge that they have been
counseled about SRBs, provided copies of the SRB Instruction and “SRB Questions and
Answers,” and had all their questions about SRBs answered.
2 Actually, on July 18, 2002, ALCOAST 585/01 was in effect rather than ALCOAST 329/02. However, the
Zone B SRB multiple provided under the two ALCOASTs for members in the ET rating was the same: 3.5.
Final Decision in BCMR Docket No. 2002-098 p. 4
Article 4.B.6.a.1. of the Personnel Manual, entitled “Obligated Service for Assign-
ment,” provides that members with less than six years of active duty will not normally
be transferred “unless they reenlist or extend to have enough obligated service for a full
tour on reporting to a new unit. … [A] member must comply with OBLISERV require-
ments before he or she will be permitted to execute his or her preferred assignment.”
Paragraph 3.d.(6) of Enclosure (1) to the SRB Instruction and Article 1.G.19. of the
Personnel Manual provide that extensions of two years or less may be canceled prior to
their operative dates to allow the member to sign a new, longer extension or reenlist-
ment contract to receive an SRB and that, if the short-term extension was signed to
enable the members to accept transfer or training orders, the term of the canceled exten-
sion will not reduce the size of the SRB received under the new, longer contract.
Paragraph 3.f. of Enclosure (1) provides that SRB payments are calculated by
(a) multiplying the member’s monthly basic pay (MBP) by both the number of months
of newly obligated service under the contract (partial months are rounded up to whole
months) and the SRB multiple authorized for the member’s rating and (b) dividing the
result by 12: SRB = MBP x months of newly obligated service x authorized multiple
12
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 correct his record so that he would
receive an SRB based on all 72 months of his July 18, 2002, contract. He alleged that he
was told in April 2001 that he would be able to get a full SRB if he became eligible for
one later even if he signed a 34-month extension contract to accept his transfer orders.
There is no evidence in the applicant’s record that he was properly counseled about
SRBs in April 2001 as required under Section 2 of the SRB Instruction, COMDTINST
7220.33. In addition, however, the applicant has submitted no evidence to support his
allegation that he was told that he would later be able to cancel the 34-month extension
contract and get a maximum SRB without reduction for previously obligated service.
Moreover, he was required to sign a contract of at least 34 months’ duration, through
July 2005, to accept his transfer orders regardless of the contract’s effect on his SRB
eligibility. Personnel Manual, Article 4.B.6.a.1. Because of this requirement, he could
not accept the transfer orders without signing a contract that would count as previously
Final Decision in BCMR Docket No. 2002-098 p. 5
obligated service in the calculation of any Zone B SRB for which he might later become
eligible. Personnel Manual, Article 1.G.19; COMDTINST 7220.33, Encl. (1), para. 3.d.(6).
3.
The applicant argued that, despite the rules about previously obligated
service in the SRB Instruction and Article 1.G.19. of the Personnel Manual, he should
receive an SRB based on all 72 months of his July 18, 2002, contract because he was
advised in April 2001 that he would be able to. Although he has not proved that he
received this erroneous advice, assuming arguendo that he did, it is not the policy of this
Board to fulfill erroneous promises of SRB payments to which members were never
legally entitled. Rather, the Board’s policy is to correct applicants’ records so as to
return them to the position they would have been in had they received proper and
timely SRB counseling.
4.
Because the applicant’s enlistment was due to end on September 18, 2002,
after his sixth active duty anniversary, any extension contract he signed in April 2001 of
at least 36 months’ duration would have earned him a Zone B SRB calculated with a
multiple of just 1under ALCOAST 488/00. If on April 11, 2001, in response to proper
SRB counseling, he had chosen to extend his contract for the maximum allowable 72
months, under paragraph 3.f. of Enclosure (1) to the SRB Instruction, he would have
received a Zone B SRB based on his monthly basic pay (“MBP”), times 72 months of
newly obligated service, times the multiple of 1 authorized under ALCOAST 488/00,
divided by 12, or MBP x 72 x 1/12. Therefore, if he had extended his contract for 72
months on April 11, 2001, he would have received a Zone B SRB of six times his
monthly basic pay.
5.
The Coast Guard argued that the case should be closed because the Zone
B SRB the applicant received for reenlisting on July 18, 2002, when ALCOAST 585/01
was in effect is greater than what he would have received under ALCOAST 488/00 on
April 11 2001. For his July 18, 2002, reenlistment, the applicant received a Zone B SRB
based on his MBP, times the 36 months of service newly obligated under the contract,
times the multiple of 3.5 authorized under ALCOAST 585/01, divided by 12, or MBP x
36 x 3.5/12. Therefore, he has received a Zone B SRB of ten and one-half times his
monthly basic pay. The Board agrees with the Coast Guard that the applicant has
received a bigger Zone B SRB than he could possibly have received if he had been prop-
erly and timely counseled about and taken advantage of the opportunity for a Zone B
SRB under ALCOAST 488/00.
6.
Therefore, the Board concludes that the Coast Guard’s apparent failure to
inform the applicant in April 2001 about his opportunity to receive a Zone B SRB under
ALCOAST 488/00 was harmless error since he ultimately received a larger Zone B SRB
than he would have under that ALCOAST. As explained in finding 3, above, the Board
will not correct his record to provide him with a 72-month SRB to which he was never
legally entitled and for which, under Article 4.B.6.a.1. of the Personnel Manual, he could
Final Decision in BCMR Docket No. 2002-098 p. 6
never have been entitled even if he had been properly counseled. Since the record indi-
cates that the applicant was properly and timely counseled concerning the SRB regula-
tions prior to signing his July 18, 2002, reenlistment contract, the Board sees no reason
to disturb it.
7.
Accordingly, the applicant’s request should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
Final Decision in BCMR Docket No. 2002-098 p. 7
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his
military record is denied.
Julia Andrews
Gloria Hardiman-Tobin
David H. Kasminoff
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