DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2002-176
Xxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxx
FINAL DECISION
ANDREWS, Deputy Chair:
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 September 30, 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 June 19, 2003, is signed by the three duly appointed
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his military record to make him entitled
to a Zone B selective reenlistment bonus (SRB)1 based on his pay grade as a BM1 and
calculated with a multiple of two for the four-year reenlistment contract that he signed
on June 12, 2002, upon receipt of transfer orders to a new unit. He alleged that he was
never counseled about how reenlisting several weeks prior to the actual end of his
enlistment would diminish the size of his SRB because an SRB is based only on periods
of service newly obligated under the reenlistment contract.
The applicant alleged that if he had been properly counseled, he would have
extended his prior enlistment just up to the day he reported for duty at his new station
and reenlisted at that time, or he would have asked to have his report date delayed.
1 SRBs vary according to the length of each member’s active duty service, the number of months of service
newly obligated by the reenlistment or extension of enlistment contract, and the need of the Coast Guard
for personnel with the member’s particular skills, which is reflected in the “multiple” of the SRB author-
ized 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.
However, on June 12, 2002, he alleged, he was told that he was required either to
reenlist or to sign an indefinite reenlistment.
SUMMARY OF THE RECORD
On August 3, 1992, the applicant enlisted in the Coast Guard for a term of four
years, through August 2, 1996. On May 28, 1996, the applicant extended his enlistment
for three years, through August 2, 1999. On May 18, 1999, the applicant extended his
enlistment a second time, for one year, through August 2, 2000, in order to accept trans-
fer orders to a new station.
On August 2, 2000, the applicant was advised that he was eligible for a Zone B
SRB with a multiple of 1.5 if he enlisted for at least three years. This counseling was
documented on a form CG-3307 (“page 7”) in his record. However, the applicant chose
to extend his enlistment a third time, for a fifth year, through August 2, 2001. On
August 2, 2001, the applicant extended his original enlistment for another, sixth year,
through August 2, 2002.
In June 2002, the applicant received orders to transfer to a new station. He was
ordered to report by July 9, 2002. On June 12, 2002, he reenlisted for four years. He
received an SRB under ALCOAST 585/01 calculated with a multiple of two but based
on only 46 months of newly obligated service since his prior enlistment had already
obligated him to serve through August 2, 2002. His reenlistment contract shows that he
was advised that he would receive an SRB with a multiple of two, but there is no page 7
in his record documenting proper SRB counseling.
APPLICABLE REGULATIONS
Article 1.G.14. of the Personnel Manual provides that a member may extend his
reenlistment:
1. For any number of full years not less than two nor greater than six years, when
requested by the member.
2. For any number of full years and/or full months up to six years to ensure sufficient
obligated service for these purposes: … c. INCONUS and OUTCONUS assignments;
[see] Article 4.B.6. …
not exceed six years.”
Article 1.G.14.c. provides that the “total of all extensions of an enlistment may
Article 4.B.6.a.2. of the Personnel Manual provides that members with more than
six years of active duty “are required to have one year of OBLISERV remaining upon
reporting to the new unit.”
Article 1.G.2.a. of the Personnel Manual provides that reenlistments may be for
periods of three, four, five, or six years.
Article 2 of Commandant Instruction 7220.33 (the SRB Instruction) provides that
“[a]ll personnel with 14 years or less active service who reenlist or extend for any
period, however 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.” The page 7 that members must sign normally states the amount of
newly obligated service upon which their SRBs will be based.
Paragraph 3.d.(13) of Enclosure (1) to the SRB Instruction states that when a
member reenlists before finishing his previous contract term, “[a]ll periods of unexecut-
ed service obligation … will be deducted from SRB computation.”
ALCOAST 585/01 was issued on December 20, 2001, and was in effect from Feb-
ruary 1 through August 4, 2002. It established SRB multiples for personnel in certain
skill ratings who reenlisted or extended their enlistments for at least three years and up
to six years. Under ALCOAST 585/01, members in the BM rating in pay grade E-2 or
above were eligible for an SRB calculated with a multiple of two.
VIEWS OF THE COAST GUARD
On December 23, 2002, the Chief Counsel of the Coast Guard recommended that
the Board grant the applicant relief by correcting his record to show that he reenlisted
for four years on August 3, 2002, thereby qualifying him for a Zone B SRB based on 48
months of newly obligated service. The Chief Counsel stated that the record supports
the applicant’s allegation that he was not counseled about the fact that his SRB would
be based on 46 months of newly obligated service rather than 48 months. The Chief
Counsel did not address the applicant’s obligated service requirement under Article
4.B.6. of the Personnel Manual or his transfer date.
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On January 6, 2003, the BCMR sent the applicant a copy of the Chief Counsel’s
advisory opinion and invited him to respond. No response was received.
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.
3.
4.
2.
When the applicant received transfer orders in June 2002, he was required
to obligate sufficient service to complete a full year of duty at his new station before he
could accept the orders. Personnel Manual, Article 4.B.6.a.2. Since his report date was
July 9, 2002, he was required, by or before that date, to have obligated service through
July 8, 2003. Because he had already extended his original four-year enlistment for a
total of six years, under Article 1.G.14.c. of the Personnel Manual, he could not extend
his original enlistment again, for a seventh year. Therefore, to have obligated service
through July 8, 2003, he could only reenlist, and the minimum term of a reenlistment
contract is three years. Personnel Manual, Article 1.G.2.a.
The applicant alleged that he was not counseled that his SRB would be
based on just 46 months of newly obligated service instead of 48 months. There is no
page 7 in his record documenting proper SRB counseling, as required by the SRB
Instruction. However, when an applicant proves that he has received improper SRB
counseling, the Board’s policy is not to fulfill the erroneous promises made by the appli-
cant’s unit’s yeoman, but to return the applicant to the position he would have been in
had he been properly counseled about his SRB eligibility.
If the applicant had been properly counseled in June 2002, he would have
been told that, under Article 4.B.6.a.2. of the Personnel Manual, before accepting his
transfer orders and reporting to his new unit on July 9, 2002, he had to obligate service
through July 8, 2003. In addition, he would have been advised that the only way he
could obligate that service was to reenlist for three, four, five, or six years because,
under Article 1.G.14.c. of the Personnel Manual, he could not extend his original
enlistment for a seventh year and under Article 1.G.2.a., the possible terms of a regular
reenlistment contract are three, four, five, and six years.
The applicant alleged that if he had been properly counseled, he could
have persuaded the Coast Guard to change his report date to the end of his enlistment
on August 3, 2002, or he could have asked for another short extension. However, he
provided no evidence that such requests would have been granted by the Personnel
Command just to enable him to avoid having two months of obligated service remain-
ing on his previous contract. Nor has he proved that his command would have allowed
him to wait until August 3, 2002, or even until the day he was supposed to report to his
new station, July 9, 2002, to accept his transfer orders by fulfilling the requirement for
obligated service.
5.
6.
As indicated in Finding 4, in June 2002, to accept his transfer orders, the
applicant was required to reenlist for at least three years. Under Article 1.G.2.a. of the
Personnel Manual, ALCOAST 585/01, and the provisions of the SRB Instruction, he was
eligible to reenlist for three, four, five, or six years to receive a Zone B SRB calculated
with a multiple of two and reduced by the two months of service remaining on his pre-
vious enlistment contract as extended. In light of the fact that the applicant apparently
was not counseled about the SRB rules regarding previously obligated service, the
Board finds that he should have the opportunity to change the term of his reenlistment
contract from four years to three, five, or six years. If he chooses to shorten the term of
the contract to three years, however, the Coast Guard will be entitled to recoup some of
his Zone B SRB.
Although the Chief Counsel recommended changing the date of the appli-
cant’s four-year reenlistment to August 3, 2002, such a correction would ignore the
obligated service requirement under Article 4.B.6.a.2. of the Personnel Manual. There is
no evidence in the record that in June 2002, the applicant’s command or the Personnel
Command would have ignored this long-standing regulation.
Accordingly, the applicant is entitled only to the relief stated in Finding 6.
7.
8.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his
military record is granted in part as follows:
After properly counseling the applicant regarding his choices under this order,
the Coast Guard shall, at the applicant’s discretion, correct the term of his June 12, 2002,
reenlistment contract to three, five, or six years, instead of four years. If the applicant
does not opt to have the term of this contract corrected to three, five, or six years, it shall
remain in effect as a four-year reenlistment.
The Coast Guard shall pay the applicant any sum he may be due as a result of
Margot Bester
any correction made to his reenlistment contract under this order.
Patricia V. Kingcade
Dorothy J. Ulmer
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...
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. On July 1, 1999, after receiving transfer orders to a new station, the applicant was advised that an SRB multiple was authorized for his rating and that if he reenlisted or extended his enlistment for at least three...
3 To be eligible for a Zone B SRB, a member must have completed “at least 6 years but not more than 10 years of active service on the date of reenlistment or operative date of the extension.” Coast Guard Personnel Manual, Article 3.C.4.b.3. He stated that upon receiving transfer orders to the Coast Guard Integrated Support Command (ISC) and the Coast Guard Cutter Healy in Seattle, he was counseled by a Coast Guard yeoman1 that he was eligible to reenlist or extend for up to six years for a...
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. 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...
This final decision, dated June 19, 2003, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his military record to make him entitled to a full Zone A selective reenlistment bonus (SRB)1 based on his pay grade as an MK2, rather than a partial SRB reduced by previously obligated service under an extension contract. of the Personnel Manual provides that members with less than six years of active duty will not normally be...
He also requested that the Board correct his record to show that he reenlisted for six years on April 11, 20xx, his sixth active duty anniversary, to receive a Zone A selective reenlistment bonus (SRB). One of the petty officers wrote that, based on the applicant’s having four years’ prior active duty service in the Navy, he could have enlisted for two years, instead of four years but was erroneously advised by his recruiter at the time he enlisted in the Coast Guard. The applicant...
CG | BCMR | OER and or Failure of Selection | 2003-025
He also requested that the Board correct his record to show that he reenlisted for six years on April 11, 20xx, his sixth active duty anniversary, to receive a Zone A selective reenlistment bonus (SRB). One of the petty officers wrote that, based on the applicant’s having four years’ prior active duty service in the Navy, he could have enlisted for two years, instead of four years but was erroneously advised by his recruiter at the time he enlisted in the Coast Guard. The applicant...
The Coast Guard erred when it counseled the applicant that he was eligible to receive a Zone B SRB for signing a six-year reenlistment contract on January 31, 2002. of the Personnel Manual, which show that a member’s SRB equals his monthly basic pay, multiplied by the SRB multiple authorized under the ALCOAST in effect, multiplied the number of months of service newly obligated under the contract, and divided by 12, if the appli- cant had reenlisted for four years on this 6th anniversary...
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: XXXXXXXXXXXXXXXXX. This final decision, dated April 21, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record by replacing his October 1, 2002, six-year extension contract with a reenlistment contract to receive a selective reenlistment bonus (SRB)1 in accordance with ALCOAST...
of the Coast Guard Training and Education Manual, before reporting to “A” school on January 22, 2000, she needed to obligate sufficient service — 19 more months — to complete the 14 weeks of school and have 26 months remaining on her enlistment upon completion of the school.3 Therefore, the applicant is entitled to have the term of her January 20, 2000, extension contract corrected to 19 months. The Board finds that if the applicant had been properly counseled regarding her SRB eligibility,...