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CG | BCMR | SRBs | 2002-146
Original file (2002-146.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2002-146 
 
Xxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxx   

 

 
 

FINAL DECISION 

 
ANDREWS, Deputy Chair: 
 
 
This  proceeding  was  conducted  according  to  the  provisions  of  section  1552  of 
title 10 and section 425 of title 14 of the United States Code.  The BCMR docketed the 
applicant’s request for correction on July 24, 2002. 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  May  22,  2003,  is  signed  by  the  three  duly  appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant asked the Board to order the Coast Guard to pay him the Zone A 
selective reenlistment bonus (SRB)1 that he was promised when he integrated from the 
Reserve into the regular Coast Guard on July 1, 2002.  He alleged that, before he signed 
his enlistment contract, he asked whether he was eligible for an SRB and was told by a 
petty officer (PO Y), that he would receive one because an SRB multiple was in effect for 
his rating under ALCOAST 585/01.  However, after he reenlisted, he was told that he 
was not qualified for the SRB and would not receive one. 
 

                                                 
1 SRBs vary according to the length of each member’s active duty service, the number of months of serv-
ice newly obligated by the reenlistment or extension of enlistment, and the need of the Coast Guard for 
personnel with the member’s particular skills, which is reflected in the “multiple” of the SRB authorized 
for the member’s skill/rating, which is published in an ALCOAST.  Coast Guard members who have at 
least 21 months but  no  more than 6 years  of active duty service are in “Zone A.”  Members who  have 
completed at least 6 years but no more than 10 years of active duty service are in “Zone B.”  Members 
may not receive more than one bonus per zone.  COMDTINST 7220.33. 
 

SUMMARY OF THE RECORD 

 
 
On  November  17,  1992,  the  applicant  enlisted  in  the  Coast  Guard  Reserve  for 
eight years under the Delayed Entry Program.  On February 9, 1993, he was discharged 
from  the  Reserve  and  enlisted  in  the  regular  Coast  Guard  for  four  years.    He  was 
released from active duty into the Reserve upon completion of his four-year contract on 
February  8,  1997.    On  November  17,  2000,  the  end  of  his  original  eight-year  Reserve 
obligation, the applicant reenlisted in the Reserve for four years, through November 16, 
2004. 
 
 
On  September  12,  2001,  following  the  terrorist  attacks  in  New  York  and 
Washington,  the  applicant  was  recalled  to  active  duty  for  a  term  of  one  year.    He 
returned to active duty on September 14, 2001.  On May 1, 2002, the applicant asked to 
be  integrated  into  the  regular  Coast  Guard  at  the  end  of  his  extended  active  duty 
contract.  His request was strongly endorsed by his command. 
 
 
On  June  26,  2002,  the Coast  Guard  Personnel  Command  (CGPC)  issued  orders 
granting  the  applicant’s  command  authority  to  reenlist  the  applicant  in  the  regular 
Coast Guard on July 1, 2002, provided he met the physical standards.  On the same day, 
the  applicant’s  command  had  him  sign  an  Administrative  Remarks  form  CG-3307 
(“page  7”)  stating  that  he  was  eligible  for  an  SRB  with  a  multiple  of  2  in  accordance 
with ALCOAST 585/01, that he could reenlist for up to six years, but that since he was 
choosing to reenlist for four years, his SRB would be based on 48 months of newly obli-
gated service. 
 
 
On  July  1,  2002,  the  applicant  was  discharged  from  active  duty  in  the  Reserve 
and  reenlisted  in  the  regular  Coast  Guard  for  four  years.    On  July  9,  2002,  his  unit’s 
personnel reporting unit (PERSRU) reported to his command that “we were told when 
we first got word that [the applicant] was going to be accessed into the CG that he was 
entitled to a Zone A SRB multiple of 2.  ([PO Y] at HRSIC [the Human Resources Service 
and  Information  Center]  confirmed  that—but  is  now  saying  she  was  wrong).”    The 
PERSRU stated that PO Y suggested that the applicant apply to the BCMR. 
 
On July 11, 2002, another PERSRU sent the applicant’s PERSRU and HRSIC an 
 
email message stating that she had been informed that the applicant was not eligible for 
an SRB because he did not have a total of 12 months of active duty immediately prior to 
his reenlistment.  She suggested that the applicant’s date of reenlistment be changed to 
September 14, 2002, the date he would have been released from active duty if he had 
not integrated on July 1, 2002. 
 
On July 12, 2002, HRSIC responded, stating that the applicant’s request for inte-
 
gration  had  been  approved  in  accordance  with  the  Lateral  Entry  Program  and 
ALCOAST 080/02 and that his integration could not be deleted.  HRSIC stated that the 

applicant was not entitled to the SRB because he had been discharged from his original 
enlistment  prior  to  1999  and  ALCOAST  080/02  did  not  waive  the  requirements  of 
Article 1.G. of the Personnel Manual and Chapter 3.C.10 of HRSINST M1000.2 (series).  
Those regulations provide that “Reserve members serving on extended [active duty] of 
12 months or more may be authorized to enlist in the regular CG if they meet eligibility 
requirements.”  Since the applicant had been on extended active duty for only 9 months 
and 17 days when he reenlisted, HRSIC stated, he was ineligible for an SRB.  Further-
more, HRSIC stated that the applicant was also ineligible for the SRB under the terms of 
paragraph  2.a.  of  ALCOAST  132/02  and  under  the  terms  of  the  SRB  Instruction, 
COMDTINST  7220.33,  which  requires  a  member  to  reenlist  within  three  months  of 
discharge to receive an SRB.   

VIEWS OF THE COAST GUARD 

On April 25, 2003, the Chief Counsel of the Coast Guard recommended that the 

 
 
Board grant the applicant’s request.2 
 
 
The Chief Counsel stated that the “Coast Guard concedes that this Applicant met 
the eligibility criteria for an SRB at the time he reenlisted on 1 July, 2002.”  The Chief 
Counsel stated that the applicant was eligible for the SRB because he “reenlisted within 
3 months after the end of his enlistment/date after separation from active duty and also 
completed 21 months continuous active duty at the time of reenlistment” in accordance 
with the provisions of COMDTINST 7220.33.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On April 28, 2003, the BCMR sent the applicant a copy of the views of the Coast 
Guard by fax and invited him to respond.  He responded the same day, stating that he 
agreed with the Chief Counsel’s recommendation. 
 

APPLICABLE REGULATIONS 

Article  1.G.1.a.  of  the Personnel  Manual  defines  reenlistment  on  active  duty  as 

 
 
follows: 
 

The  enlistment  of  any  person  who  has  previously  served  in  the  Regular  Coast  Guard 
shall  be  considered  a  reenlistment.    The  enlistment  of  Coast  Guard  Reserve  personnel 
who are serving on extended active duty and who have served on extended active duty 
of 12 months or more shall be considered a reenlistment. 
 
Article 1.G.5. of the Personnel Manual states that to be eligible for reenlistment in 
the  regular  Coast  Guard,  “Reserve  personnel  serving  on  extended  active  duty  are 
required  to  submit  a  letter  request  for  reenlistment  to  Commander  (CGPC-epm)  via 
chain  of  command.    Commander  (CGPC-epm)  approval  is  required  prior  to  reenlist-
ment.” 
 
Paragraph  3.a.  of  Enclosure  (1)  to  the  SRB  Instruction,  COMDTINST  7220.33, 

provides the following eligibility criteria for a Zone A SRB: 

 
(1)  Reenlist  not  later  than  3  months  after  discharge  or  release  from  active  duty  in  a 

rating authorized an SRB multiple. 

(2)  Have completed 21 months continuous active duty (including extended active duty 
as a Reserve) at any point in their military career.  The 21 months continuous active 

                                                 
2  This recommendation came in a supplemental advisory opinion submitted by the Chief Counsel upon 
further review of the merits of the applicant’s claim.  The Chief Counsel’s original advisory opinion was 
submitted on November 29, 2002. 

duty need not have been completed immediately prior to the reenlistment or exten-
sion. 

(3)  Have completed not more than six years active service on the date of reenlistment or 

the date on which the extension becomes operative. 

(4)  Be serving in pay grade E-3 (with appropriate designator), or higher, on active duty 

in a rating that is designated as eligible for an SRB multiple. 

(5)  Reenlist  or extend enlistment in  the  Regular Coast  Guard for a period of at least 3 

(6)  Have not previously received a Zone A SRB. 
(7)  Attain eligibility prior to the effective date of termination of award for any particular 

full years. 

rating. 

(8)  Meet any additional eligibility criteria the Commandant may prescribe. 
 
On July 1, 2002, when the applicant reenlisted, ALCOAST 585/01 was in effect, 
authorizing a Zone A SRB calculated with a multiple of 2 for boatswain’s mates second 
class (BM2s) who reenlisted or extended their enlistments for at least three years. 
 
 
Under ALCOAST 080/02, issued in February 2002, the Commandant expanded 
the Lateral Entry Program to facilitate the integration of Reservists who had been dis-
charged  from  active  duty  during  the  previous  three  years  (since  January  31,  1999).  
Under  ALCOAST  132/02,  issued  in  March  2002,  members  entering  under  the  Lateral 
Entry  Program  “may  be  entitled  to  receive  [an  SRB]  provided  they  reenlist  within  90 
days  from  their  active  duty  separation  date.    Other  personnel  may  be  entitled  to  an 
enlistment bonus provided they have not been serving on active duty within the last 91 
days.” 
 

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: 
 
 
10 U.S.C. § 1552.  The application was timely. 
 

The Board has jurisdiction over this matter pursuant to the provisions of 

1. 

2. 

The record indicates that when the applicant reenlisted on July 1, 2002, he 
met  all  of  the  eligibility  criteria  for  a  Zone  A  SRB  under  COMDTINST  7220.33  and 
ALCOAST  585/01.    In  accordance  with  paragraph  3.a.  of  Enclosure  (1)  to  the  SRB 
Instruction,  on July 1, 2002, the applicant  

 

(1) reenlisted within three months (in fact, immediately) after having been 

discharged from active duty;  

(2) had previously completed more than twenty-one months (in fact, four 

years) of continuous active duty at some point in his military career;  

(3) had completed less than six years of active duty;  

(4) was serving as a BM2/E-5, which was a rating designated as eligible 

for an SRB multiple under ALCOAST 585/01; 

(5) reenlisted for at least three full years (he reenlisted for four years); 
(6) had not previously received a Zone A SRB; and 
(7) attained eligibility prior to the termination date of the multiple for his 

(8) Furthermore, no other eligibility criteria for BM2s had been prescribed 

rating. 

by the Commandant. 

3. 

4. 

5. 

 
 
Although the applicant was discharged from extended active duty in the 
Reserve immediately before reenlisting on July 1, 2002, rather than from active duty in 
the regular Coast Guard, no provision of COMDTINST 7220.33 or the Personnel Manual 
states or even suggests that being discharged from active duty as a Reservist does not 
meet the criterion in paragraph 3.a.(1) of Enclosure (1) to the SRB Instruction. 
 
 
Under  Article  1.G.1.a.  of  the  Personnel  Manual,  the  applicant’s  July  1, 
2002, contract was clearly a reenlistment contract since he had previously served in the 
regular  Coast  Guard  for  four  years.    Given  the  plain  meaning  and  effect  of  the  first 
sentence  of  the  article,  the  second  sentence—which  states  that  a  reservist  serving  on 
extended active duty for at least 12 months who joins the regular Coast Guard shall be 
considered to have reenlisted—clearly applies only to reservists who have never before 
served in the regular Coast Guard. 
 
HRSIC  apparently  denied  the  applicant  his  SRB  (1)  because  he  was 
 
accessed  under  the  Lateral  Entry  Program  even  though  he  had  not  been  discharged 
from the regular Coast Guard since January 1999, as required under ALCOAST 080/02 
and  (2)  because  HRSIC  interprets  the  second  sentence  of  Article  1.G.1.a.  of  the  Per-
sonnel Manual to mean that the applicant did not reenlist on July 1, 2002, because he 
had not been serving on extended active duty for at least 12 months.  However, regard-
less  of  what  authority  the  Coast  Guard  used  to  reenlist  the  applicant  in  the  regular 
Coast  Guard,  the  fact  is  that  under  the  plain  meaning  of  Article  1.G.1.a.,  the  Coast 
Guard did reenlist him and he did meet all of the extant eligibility criteria for a Zone A 
SRB under ALCOAST 585/01, COMDTINST 7220.33, and the Personnel Manual. 
 
 
that relief should be granted.  
 
 
 
 
 

Accordingly, the Board agrees with the Chief Counsel of the Coast Guard 

6. 

[ORDER AND SIGNATURES ON FOLLOWING PAGE] 

 

 
 
 

ORDER 

 

The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of 

his military record is granted as follows: 

 
 
The Coast Guard shall correct his record to show that he reenlisted for four years 
on July 1, 2002, and is legally entitled to a Zone A SRB under ALCOAST 585/01 as a 
result  of  his  reenlistment  because  he  met  all  of  the  eligibility  criteria  provided  in 
ALCOAST 585/01, COMDTINST 7220.33, and the Personnel Manual.   
 

The Coast Guard shall pay him the amount he is due under ALCOAST 585/01 as 

 

 
 

 
 

 
 

 

 
 

 
 

 
 

  

 

 
 Julia Andrews 

 

 

 
 
 Margot Bester 

 

 

 

 
 
 Francis H. Esposito 

 

 

 

 

 

 

 

 

 
 

 

 
 

 
 

 
 

 

 
 

 
 

a result of this correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 



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