Search Decisions

Decision Text

CG | BCMR | SRBs | 2003-025
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                     BCMR Docket No. 2003-025 
 
XXXXX, 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 December 11, 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, date August 28, 2003, is signed by the three duly appointed 

 

APPLICANT’S REQUEST  

 

The applicant asked the Board to cancel his original four-year enlistment contract 
that he signed on October 11, 20xx, and to substitute a two-year enlistment contract in 
its place.  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).  
 

APPLICANT’S ALLEGATIONS 

 
The applicant alleged that he was “misinformed about [his] reenlistment options 
when  [he]  first  joined  the  Coast  Guard.”    He  alleged  that  if  he  had  been  properly 
counseled, he would have initially enlisted for two years and thereafter, reenlisted for 
six years on his sixth active duty anniversary to maximize his Zone A SRB.  He asserted 
that he was never counseled about his eligibility under ALCOAST 585/01 to receive an 
SRB by reenlisting on his six-year anniversary. 

 

The applicant submitted signed statements from two petty officers first class and 
his  wife  in  support  of  his  claims.    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.    He  also  stated  that  upon  his 
examination of the applicant’s personal data record (PDR), he found no documentation 
of the applicant’s ever receiving sixth active duty anniversary counseling.   
 

SUMMARY OF THE APPLICANT’S RECORD 

 

On October 11, 20xx, the applicant enlisted in the Coast Guard in pay grade XX 
for a term of four years, through October 10, 2004.  Prior to entering the Coast Guard, 
the  applicant  had  served  for  four  years  and  six  months  on  active  duty  in  the  Navy.  
Therefore, his active duty service date was established as April 11, 20xx.   
 

On December 20, 2001, ALCOAST 585/01 was issued by the Commandant and 
authorized  SRBs  for  members  who  reenlisted  or  extended  their  current  enlistments 
between February 1, 2002 and August 4, 2002.  A Zone A SRB with a multiple of xx was 
authorized  for  members  in  the  XX  rating  who  were  serving  in  pay  grade  XXXX.  
(Members in Zone A have no more than six years of active duty service.)   
 

The applicant’s sixth anniversary on active duty occurred on April 11, 20xx.  His 
record  contains  no  documentation  to  indicate  that  he  was  counseled  regarding  SRBs 
prior to the anniversary.   
 

VIEWS OF THE COAST GUARD 

 
 
On May 30, 2003, the Chief Counsel of the Coast Guard recommended that the 
Board  grant  relief  by  providing  the  applicant  with  the  opportunity  to  reenlist  on  his 
sixth  anniversary,  April  11,  20xx,  thereby  qualifying  him  for  a  Zone  A  SRB  under 
ALCOAST 585/01.  He stated that “[i]t is reasonable to assume that the record supports 
[the  applicant’s]  allegation  of  error  regarding  [his]  not  having  the  opportunity  to 
reenlist for an SRB upon his 6-year anniversary.”  The Chief Counsel did not address 
the applicant’s request regarding the term of his original enlistment.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  June  2,  2003,  the  Chair  sent  a  copy  of  the  views  of  the  Coast  Guard  to  the 

 
 
applicant and invited him to respond within 30 days.  The Board received no response. 
 

APPLICABLE LAW 

 

 
Enclosure (1) to Commandant Instruction 7220.33 (Reenlistment Bonus Programs 
Administration), Section 3.d.(1), states that “[m]embers with exactly 6 years active duty 
on the date of reenlistment or operative date of extension will be entitled to the Zone A 
multiple in effect for their rating if they are otherwise eligible.” 
 
Recruiting Manual (COMDTINST 1100.2D)  
 
 
Article 2.A.1.a. of the Coast Guard Recruiting Manual in effect in 20xx defined an 
“enlistment” as “the first enlistment of any person in the regular Coast Guard who has 
not previously served in the regular Coast Guard.” 
 
 
Article  2.A.1.c.2.  sets  forth  the  required  periods  of  enlistment  for  individuals 
with  prior  military  service  in  a  branch  of  the  armed  services,  other  than  the  Coast 
Guard.  It states that “[t]he enlistment in the regular Coast Guard of a person who has 
previously served as a member of the Armed Forces shall be for a period of four years 
….” 
 

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 never counseled about SRBs on his sixth 
anniversary on active duty.  Under COMDTINST 7220.33, the applicant was entitled to 
proper  counseling  concerning  his  eligibility  to  reenlist  on  his  sixth  active  duty 
anniversary to receive an SRB under ALCOAST 585/01.  The Board finds, and the Chief 
Counsel admitted, that there was no documentation of sixth anniversary counseling in 
the applicant’s record.  Therefore, the applicant has proven by a preponderance of the 
evidence that the Coast Guard failed to counsel him about his Zone A SRB eligibility on 
April 11, 20xx, his sixth anniversary.   
 
 
The  applicant  asserted  that  had  he  been  properly  counseled  when  he 
initially enlisted in the Coast Guard, he would not have enlisted for a term of four years 
but  would  have  enlisted  for  two  years,  through  October  10,  20xx.    According  to 
applicable regulations in the Recruiting Manual, however, individuals with prior non-
Coast  Guard  military  service  must  obligate  four  years  of  active  duty  service  when 
enlisting  in  the  Coast  Guard.    See  Articles  2.A.1.a.  and  2.A.1.c.2.  of  the  Recruiting 
Manual.    Therefore,  because  the  applicant  could  not  have  enlisted  for  a  minimum  of 

3. 

4. 

two years, the Board finds that the applicant’s original four-year enlistment, signed on 
October 11, 20xx, was neither erroneous nor unjust.   
 
Accordingly, the Board should deny the applicant’s request for a two-year 
 
enlistment contract in place of his original four-year enlistment but grant partial relief 
by  offering  him  the  opportunity  to  reenlist  on  April  11,  20xx,  his  sixth  active  duty 
anniversary, for an SRB pursuant to ALCOAST 585/01.   
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

ORDER 

 
 

The application of XXX XXXXX X. XXXXX, xxx xx xxxx, USCG, for the correction 

 
 
of his military record is granted, in part, as follows:   
 
 
His record shall be corrected to show that on his sixth active duty anniversary, 
April  11,  20xx,  he  was  reenlisted  for  a  term  of  three,  four,  five,  or  six  years,  at  his 
discretion.  If he chooses to reenlist as of April 11, 20xx, the Coast Guard shall pay him 
the Zone A SRB he would be due under ALCOAST 585/01 as a result of this correction. 
 
 
He  shall  be  fully  and  properly  counseled  concerning  his  options  and  their 
consequences on the amount of his SRB and his future eligibility for an SRB prior to his 
reenlistment. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Felisa C. Garmon 

 

 
 Julia Andrews  

 

 
 Dorothy J. Ulmer 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 
 

 

 

 

 
 

 

 

 

 

 
 

 
 

 
 



Similar Decisions

  • CG | BCMR | OER and or Failure of Selection | 2003-025

    Original file (2003-025.pdf) Auto-classification: Denied

    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 | SRBs | 2003-034

    Original file (2003-034.pdf) Auto-classification: Denied

    On May 30, 2003, the Chief Counsel of the Coast Guard stated that, if the applicant met the criteria for a Zone B SRB on the date of his sixth anniversary, the Board should grant the requested relief. The record indicates that the applicant met the criteria for a Zone B SRB on his sixth anniversary in that he was serving in pay grade E-5 and had not previously received a Zone B SRB. The Board further finds that if the applicant had been properly counseled, he would have reenlisted on...

  • CG | BCMR | SRBs | 2002-114

    Original file (2002-114.pdf) Auto-classification: Denied

    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. 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...

  • CG | BCMR | SRBs | 2002-152

    Original file (2002-152.pdf) Auto-classification: Denied

    2002-152 SUMMARY OF THE RECORD The applicant asked the Board to correct his record to show that he reenlisted for six years on May 7, 2002, his sixth active duty anniversary, to receive a Zone B selective reenlistment bonus (SRB). He recommended that the Board grant relief by correcting the applicant’s record to show that he reenlisted on May 7, 2002, for the purpose of receiving a Zone B SRB pursuant to ALCOAST 585/01. ORDER The military record of , USCG, shall be corrected to show that...

  • CG | BCMR | SRBs | 2002-164

    Original file (2002-164.pdf) Auto-classification: Denied

    He alleged that, if he had been properly counseled, he would have cancelled his extension, prior to its operative date, and reenlisted for six years. On December 12, 2002, the Chief Counsel of the Coast Guard stated that the applicant’s request should be granted because the record shows that he was eligible for the SRB. The Board finds that the applicant was not properly counseled, and that if he had been, he would have cancelled the extension contract he signed on March 19, 2001 and...

  • CG | BCMR | SRBs | 2003-008

    Original file (2003-008.pdf) Auto-classification: Denied

    On December 12, 2002, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s requested relief because the record supports the applicant’s allegation that he was improperly counseled. The Chief Counsel admits and the Board finds that the Coast Guard committed an error when it promised the applicant a Zone A SRB under ALCOAST 585/01 despite there being no multiple available therein for his rating. The Board is persuaded that had the applicant known that he was...

  • CG | BCMR | SRBs | 2003-072

    Original file (2003-072.pdf) Auto-classification: Denied

    On September 10, 2003, the Chief Counsel of the Coast Guard stated that although the record indicates that the applicant was a qualified boats coxswain and the page 7 entry was issued in error, granting the requested relief would not provide the applicant with an opportunity to obtain a Zone B SRB. He recommended that the Board grant alternative relief by correcting the applicant’s record to show that in accordance with ALCOAST 127/01, he reenlisted for six years on December 2, 2001, his...

  • CG | BCMR | SRBs | 2002-120

    Original file (2002-120.pdf) Auto-classification: Denied

    2002-120 SUMMARY OF THE RECORD The applicant asked the Board to correct his record to show that he reenlisted for 6 years, rather than for 4 years, on April 28, 2002, his 10th anniversary on active duty. He alleged that had he been properly counseled, he would have reenlisted for 6 years in order for his SRB to be computed upon 48 months. On November 29, 2002, the Chief Counsel of the Coast Guard recommended that the Board grant the applicant’s request because the record supports his...

  • CG | BCMR | SRBs | 2003-080

    Original file (2003-080.pdf) Auto-classification: Denied

    2003-080 SUMMARY OF THE RECORD The applicant asked the Board to correct his record to show that he reenlisted for six years on February 23, 2003, his tenth active duty anniversary, to obtain a Zone B selective reenlistment bonus (SRB). The Board finds that had the applicant been properly counseled, he would have reenlisted on his tenth anniversary for six years to receive a Zone B SRB. ORDER The military record of XXX XXXXX XXXXX, xxx xx xxxx, USCG, shall be corrected to show that he...

  • CG | BCMR | SRBs | 2002-008

    Original file (2002-008.pdf) Auto-classification: Denied

    This final decision, dated September 12, 2002 is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that he was discharged, and immediately reenlisted for a period of six years on his tenth anniversary of military service1 for the purpose of receiving a Zone B selective reenlistment bonus (SRB). (1) of Enclosure (1) to the Commandant Instruction 7220.33 (Reenlistment Bonus Programs Administration) states that members with...