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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