DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                     BCMR Docket No. 2002-114 
 
XXXXXX, XXXXXX X. 
XXX XX XXXX, XXX 
   

 

 
 

FINAL DECISION 

 
GARMON, 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  June  4,  2002,  upon  the 
BCMR’s receipt of the applicant’s request for correction. 
 
 
members who were designated to serve as the Board in this case. 

This  final  decision,  dated  May  29,  2003,  is  signed  by  the  three  duly  appointed 

 

APPLICANT’S REQUEST 

 

The  applicant  asked  the  Board  to  correct  his  record  to  show  that  he  was 
discharged and immediately reenlisted for a term of six years on October 22, 20xx, three 
months  prior  to  his  six-year  active  duty  anniversary.    He  stated  that  the  correction 
would  make  him  eligible  to  receive  a  selective  reenlistment  bonus  (SRB)  pursuant  to 
ALCOAST 127/01. 
 

APPLICANT’S ALLEGATIONS 

 

The applicant alleged that he was improperly counseled regarding his eligibility 
to  reenlist  for  an  SRB.    He  alleged  that  pursuant  to  Coast  Guard  regulations,  his 
command  should  have  counseled  him  that  he  could  receive  a  Zone  B  SRB  under 
ALCOAST 127/01 by reenlisting during the three months prior to January 22, 20xx, his 
sixth active duty anniversary.  He alleged that instead, he was erroneously advised that 
he could reenlist no earlier than three months before April 23, 20xx, the expiration of his 
enlistment (EOE), for purposes of obtaining an SRB. 

 
The applicant alleged that upon his acceptance to xxxxxx xxxxxx on January 18, 
20xx,  he  was  no  longer  eligible  for  an  SRB.    He  alleged  that  had  he  been  properly 
counseled about the option to be discharged and reenlisted for an SRB, he could have 
reenlisted as early as October 20xx, prior to becoming ineligible for the SRB due to his 
acceptance to xxxxxx xxxxxx.  He alleged that it was his intention to reenlist and that he 
had no way of knowing prior to January 18, 20xx that he would be selected for xxxxxx 
xxxxxx.   

 
In support of his allegations, the applicant submitted a signed statement from his 
former unit’s chief  warrant officer (CWO), who highly recommended approval of the 
applicant’s request.  The CWO wrote that if the applicant had been aware that he could 
have  reenlisted  three  months  prior  to  his  six-year  anniversary,  “he  would  receive  an 
SRB payment, regardless of his selection to [xxxxxx xxxxxx].”   

 
The  applicant  also  submitted  a  statement  signed  by  his  commanding  officer 
(CO),  stating  that  the  applicant  was  improperly  counseled  regarding  his  SRB 
entitlement.  The CO asserted that “it is highly likely [that the applicant] would have 
taken advantage of any possible bonus available.”  He further stated that the applicant 
was not made aware of his selection to xxxxxx xxxxxx until January 18, 20xx.  
 

SUMMARY OF THE APPLICANT’S RECORD 

 

On January 22, 19xx, the applicant enlisted in the Coast Guard for four years.  On 
April  24,  19xx,  he  reenlisted  for  an  additional  four  years  through  April  23,  20xx,  to 
receive a Zone A SRB.  His 6th anniversary on active duty fell on January 22, 20xx  

 
The applicant’s records indicate that prior to his 6th anniversary on active duty, 
he  was  advised  that  he  could  reenlist  for  SRB  purposes  no  earlier  than  three  months 
prior to his EOE.   

 
On March 27, 2001, the Commandant issued ALCOAST 127/01, which allowed 
members  to  receive  an  SRB  if  they  reenlisted  or  extended  their  current  enlistments 
between  May  1,  2001  and  January  31,  2002.    An  SRB  with  a  multiple  of  xxx  was 
authorized for members in the xx rating in Zone B.  

 
On January 18, 20xx, the applicant was accepted to xxxxxx xxxxxx and therefore, 
ineligible  to  receive  an  SRB.    He  signed  a  six-month  extension  agreement  to  obligate 
service to complete xxxxxx xxxxxx.  On May 30, 20xx, he commenced training at xxxxxx 
xxxxxx. 
 

VIEWS OF THE COAST GUARD 

 

On November 29, 2002, the Chief Counsel of the Coast Guard recommended that 

 
the Board deny the applicant’s request.   
 

The Chief Counsel admitted that the applicant’s command improperly advised 
him that he could reenlist only if he was within 3 months of his EOE.  He stated that the 
applicant should have been counseled regarding his eligibility to reenlist within three 
months  of  January  22,  20xx,  his  6th  anniversary. 
  However,  he  contended, 
notwithstanding  the  applicant’s  willingness  to  obligate  himself  to  an  additional  six 
years of service on or before his 6th anniversary, the fact remains that he was accepted to 
xxxxxx  xxxxxx  on  January  18,  20xx  and  for  that  reason,  unable  to  fulfill  such  an 
obligation.    He  therefore  argued  that  the  relief  the  applicant  requests  “would  be 
contrary  to  the  spirit  of  the  SRB  program,”  in  that  the  program  rewards  members  in 
critical ratings for not merely obligating but also serving additional periods of service. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On December 2, 2002, the Chair sent a copy of the views of the Coast Guard to 
the  applicant  and  invited  him  to  respond  within  15  days.    The  Board  received  no 
response.   
 

APPLICABLE LAW 

 
Personnel Manual (COMDTINST M1000.6A) 
 
 
Article 12.B.4.a. of the Personnel Manual provides that “[i]n general, a member 
who  meets  …  reenlistment  standards  is  eligible  to  reenlist,  unless  the  reason  for 
discharge  precludes  reenlistment,  such  as  physical  disqualification,  disability, 
unsuitability, misconduct, or an alien’s failure to become a naturalized citizen, or if the 
commanding officer did not recommend him or her.  Commanding officers should not 
refuse  reenlistment  to  members  who  have  demonstrated  a  potential  for  successful, 
productive Coast Guard career.”   
 
 
Article  12.B.4.b.2.  states  that  “[m]embers  who  meet  the  …  reenlistment  criteria 
shall be assigned the Reenlistment Code Re-1, “Eligible for Reenlistment,” and allowed 
to reenlist for a maximum of six years.” 
 

Article 1.G.15.h. states that “[t]he enlistment of a person designated as an officer 
candidate shall  be involuntarily extended by such period as he or she may remain in 
such status beyond the normal expiration thereof.” 
 
SRB Manual Provisions  
 

Section  3.a.(6).  of  Enclosure  (1)  to  the  Commandant  Instruction  7220.33 
 
(Reenlistment Bonus Programs Administration) provides that in order for a member to 
receive a Zone A SRB, they must have not previously received a Zone A SRB. 
 
 
Section  3.d.(1)  of  the  instruction  states  that  members  who  have  previously 
received  a  Zone  A  bonus  and  who  have  exactly  6  years  of  active  duty  service  on  the 
date of reenlistment are entitled to a Zone B bonus, if one is in effect.   
 
 
Section  3.d.(9)  of  the  instruction  states  that  “[c]ommanding  officers  are 
authorized to effect early discharge and reenlist members within 3 months prior to their 
6th,  10th,  or  14th  anniversary  dates  (not  to  be  confused  with  the  normal  expiration  of 
enlistment),  for  the  purpose  of  qualifying  for  a  Zone  A,  B,  or  C  SRB  respectively.” 
(emphasis added). 
 
 
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 
eligibility  of  an  SRB.    The  counseling  must  be  memorialized  in  their  records  with  a 
Form CG-3307 signed by the member. 
 
 
ALCOAST  127/01,  issued  on  March  27,  2001,  announced  a  two-phase  plan  for 
assigning SRB multiples.  The ALCOAST authorized SRBs for members who reenlisted 
or extended their current enlistments between May 1, 2001 and January 31, 2002.  An 
SRB  with  a  multiple  of  xxx  was  authorized  for  members  in  the  xx  rating  in  Zone  B 
(having at least six but less than ten years of active duty service).   
 

FINDINGS AND CONCLUSIONS 

1. 

2. 

The  Board  has  jurisdiction  concerning  this  matter  pursuant  to  10  U.S.C. 

 
 
The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 
applicant's military record and submissions, the Coast Guard's submission, and appli-
cable law: 
 
 
§ 1552.  The application was timely. 
 
 
The  applicant  alleged  that  he  was  improperly  counseled  about  his 
eligibility for an SRB pursuant to ALCOAST 127/01.  In accordance with Enclosure (3) 
to  Commandant  Instruction  7220.33,  the  applicant  had  a  right  to  be  counseled  about 
SRBs prior to his sixth active duty anniversary.  There is no page 7 in the applicant’s 
record  documenting  that  he  received  SRB  counseling  prior  to  his  6th  anniversary,  as 
required by the instruction.  Therefore, the applicant has proven by a preponderance of 
the  evidence  that  he  was  improperly  counseled  by  his  command  concerning  his  6th 
anniversary SRB eligibility.   
 

3. 

 
The applicant alleged that had he been properly counseled, he would have 
reenlisted in October 20xx, prior to his 6th anniversary, for six years to receive a Zone B 
SRB.    Section  3.d.(9)  of  Enclosure  (1)  of  the  instruction  provides  that  “[c]ommanding 
officers are authorized to effect early discharge and reenlist members within 3 months 
prior to their 6th, 10th, or 14th anniversary dates … for the purpose of qualifying for a 
Zone  A,  B,  or  C  SRB  respectively.”    The  regulation’s  use  of  the  term  “respectively” 
establishes  that  a  member  can  be  reenlisted  before  his  6th  anniversary  for  a  Zone  A, 
before his 10th anniversary for a Zone B SRB, or before his 14th anniversary for a Zone C 
SRB.    Accordingly,  there  was  no  authority  to  reenlist  the  applicant  before  his  6th 
anniversary  for  a  Zone  B  SRB.    Moreover,  because  the  applicant  had  previously 
received a Zone A SRB, he was not eligible to receive an additional Zone A SRB.  See 
Section 3.a.(6) of Enclosure (1) to COMDTINST 7220.33.  Consequently, the earliest date 
the  applicant  could  have  reenlisted  to  receive  a  Zone  B  SRB  pursuant  to  ALCOAST 
127/01  is  January  22,  20xx,  his  6th  active  duty  anniversary.    See  Section  3.d.(1)  of 
Enclosure (1) to COMDTINST 7220.33. 
 

4. 

Generally, when a member meets reenlistment standards, the regulations 
provide that he or she is allowed to reenlist for a maximum of six years with his or her 
commanding  officer’s  approval.    See  Articles  12.B.4.a.  and  12.B.4.b.  of  the  Personnel 
Manual.    The  applicant  submitted  signed  statements  indicating  that  he  would  have 
received a Zone B SRB, regardless of his later xxxxxx xxxxxx selection, had he reenlisted 
in  October  2001.    However,  neither  statement  proves  that  the  applicant  could  have 
reenlisted  on  January  22,  20xx.    In  accordance  with  Article  1.G.15.h.  of  the  Personnel 
Manual,  the  applicant’s  command  extended  him  for  six  months  to  obligate  sufficient 
service to complete the training.  Consequently, the Board finds that the applicant has 
failed to prove by a preponderance of the evidence that despite the notification of his 
acceptance  to  xxxxxx  xxxxxx  on  January  18,  20xx,  he  would  have  been  allowed  to 
reenlist for a minimum of three years on January 22, 20xx to receive an SRB.   
 

5. 

Accordingly, the applicant’s request should be denied. 

 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

ORDER 

The  application  of  XXX  XXXXXX  X.  XXXXXX,  XXX  XX  XXXX,  USCG,  for  the 

 
 
correction of his military record is denied. 
 
 
 

 

 
 Julia Andrews 

 

 

 

 
 
 Christopher A. Cook 

 

 

 
 
 Patrick Judd Murray