DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2003-104
Xxxxxxxxxxxxxxx
xxxxxxxxxxxxxx
FINAL DECISION
ANDREWS, Deputy Chair:
This proceeding was conducted 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 23, 2003,
upon receipt of the completed application.
ed members who were designated to serve as the Board in this case.
This final decision, dated February 18, 2004, is signed by the three duly appoint-
RELIEF REQUESTED
The applicant, currently a xxxxxxxxxxxxxxxxx, asked the Board to correct his
record to show that on March 24, 2000, when he was still a xxxxxxxxx xxxxxx xxxxx
xxxxxx, he extended his then current enlistment for 36 months instead of 30 months.
The correction would entitle him to receive a Zone A selective reenlistment bonus
(SRB)1 pursuant to ALCOAST 184/99.
APPLICANT’S ALLEGATIONS
The applicant stated that in March 2000, after he applied for a change in rating
from XX to XX, he received transfer orders and was told that he had to obligate suffi-
cient service to transfer to another unit to accept the orders. He alleged that he was
advised by his command that, because he was changing ratings, he was ineligible for
1 SRBs vary according to the length of each member’s active duty service, the length of the period of
reenlistment or extension of enlistment, and the need of the Coast Guard for personnel with the member’s
particular skills. Coast Guard members who have served up to 6 on active duty are in “Zone A.”
Members may only receive one SRB per zone. Under paragraph 3.b.(5) of Enclosure (1) to COMDTINST
7220.33, SRBs are payable only to members who extend their enlistments or reenlist for at least three years
(36 months).
the Zone A SRB that was authorized for members in the XX rating at the time under
ALCOAST 184/99.2 Therefore, he extended his enlistment for only 30 months, which
was the minimum amount of additional service that he had to obligate in order to
accept his transfer orders and avoid discharge.3
The applicant alleged that he should have been advised and allowed to extend
his service for 36 months to receive the SRB. He pointed out that after his 30-month
extension became operative, he served as an FS2 for five months before his rating
change went into effect. He alleged that he should have been allowed to sign a 36-
month extension contract and earn the SRB for at least those five months.
As evidence of the alleged miscounseling, the applicant pointed out that the
extension contract he signed bears entries of “NA,” or not applicable, regarding his eli-
gibility for an SRB.
SUMMARY OF THE RECORD
On February 4, 1997, the applicant enlisted in the Coast Guard for a term of four
years, through February 3, 2001. Following basic training, he attended XX “A” School
to train for the XX rating until July 22, 1997, when he was transferred to a cutter. On
January 18, 1998, he was advanced to XX3.
In March 2000, after applying to attend XX “A” School, the applicant received
orders to transfer to a shore unit in July 2000. Because he had less than six years of
service at the time, he was required to obligate sufficient service to complete a full
three-year tour of duty at the new unit before accepting the orders.4 On March 7, 2000,
he signed an administrative entry (“page 7”)5 for his record, stating the following:
I have been advised that my current Selective Reenlistment Bonus (SRB) multiple is 3
and is listed in ALCOAST 184/99, which has been made available to me.
2 ALCOAST 184/99 authorized a Zone A SRB calculated with a multiple of 3 for members in the XX
rating who reenlisted or extended their enlistments between January 1 and June 30, 2000, but no SRB was
authorized for members in the XX rating. The only SRB authorized for members in the XX rating in the
past ten years was authorized from October 2, 1001, to January 31, 2002, under ALCOAST 127/01.
However, under no provision of the Personnel Manual was the applicant authorized to reenlist or extend
his enlistment during this period.
3 Paragraph 3.a.d.(5) of Enclosure (1) to COMDTINST 7220.33 states that members who must extend their
enlistments to accept transfer orders “may extend for a period greater than the minimum required for the
purpose of gaining entitlement to an SRB.”
4 Article 4.B.6. of the Personnel Manual requires petty officers with less than 6 years of active service to
obligate sufficient service to complete a full tour of duty prior to accepting transfer orders to a new unit.
Under Article 4.A.5., the tour length for an XX at the applicant’s new unit was 3 years.
5 Section 2 of COMDTINST 7220.33 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.”
I do not desire to reenlist/extend my enlistment for 36 months which would make me
eligible for a Selective Reenlistment Bonus (SRB).
I hereby acknowledge that I have read and fully understand the contents and explanation
of COMDTINST 7220.33.
On March 24, 2000, the applicant signed a 30-month extension contract, thereby
extending his enlistment from February 4, 2001, through August 3, 2003, so that he
would have sufficient service to complete a three-year tour of duty upon transferring to
his new unit in July 2000. The extension contract he signed includes the following
paragraphs:
SRB ELIGIBILITY ACKNOWLEDGMENT
I have been provided with a copy [of] “SRB Questions and Answers” based on Comman-
dant Instruction 7220.33 (series). I have been informed that: My current Selective Reen-
listment Bonus (SRB) multiple under Zone NA is NA and is listed in ALDIST NA ,
which has been made available for review. I further understand the eligibility require-
ments for Zone A, B, and C SRB’s and that the maximum SRB paid to my current pay
grade is $ NA . My SRB will be computed based on NA months newly obligated
service.
EFFECT OF EXTENSION/REEXTENSION ON SRB ENTITLEMENT
I fully understand the effect my extension/reextension will have upon my current and
future SRB eligibility. I understand that continued entitlement to unpaid installments may
be terminated and a prorated portion of advance bonus payments recouped if I am con-
sidered not to be technically qualified or unable to perform the duties of the rating for
which the bonus was paid, in accordance with the provisions of COMDTINST 7220.33
(series). I further acknowledge that I have been given the chance to review COMDTINST
7220.33 (series) concerning my eligibility for SRB and have had all my questions
answered.
On April 1, 2000, while still serving on the cutter, the applicant was advanced to
XX2. On July 21, 2000, he transferred to his new unit ashore.
On February 4, 2001, the applicant’s 30-month extension contract became opera-
tive. On April 14, 2001, he began attending XX “A” School to qualify for the change in
rating. On July 13, 2001, the applicant graduated from “A” School and became a XX3.
Thereafter, he was assigned to a xxxxxxxxxxxx, and on June 1, 2003, he was advanced to
XX2. Upon the termination of his extension, the applicant voluntarily extended his
enlistment for another two years, through August 3, 2005.
VIEWS OF THE COAST GUARD
On October 30, 2003, the Judge Advocate General of the Coast Guard recom-
mended that the Board deny the applicant’s request.
The Judge Advocate General argued that the page 7 that the applicant signed on
March 7, 2000, indicates that he was accurately counseled about his SRB eligibility and
that he “consciously chose not to reenlist/extend enlistment for the 36 months mini-
mum that would have made him eligible for an SRB.”
The Judge Advocate General argued that the applicant’s “argument that his [ex-
tension contract] ‘clearly’ shows that he was incorrectly counseled because it lists [NA]
as the SRB for which he was eligible is misplaced. Applicant chose to extend for less
than 36 months, the minimum required to be eligible for an SRB. … Therefore, the
[extension contract] in question was filled out correctly and in accordance with the
instructions for completing the form.”
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On November 3, 2003, the BCMR sent the applicant a copy of the Judge
Advocate General’s recommendation and invited him to respond within 30 days. 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:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
§ 1552. The application was timely.
1.
2.
3.
The applicant alleged that he was not properly counseled about his eligi-
bility for an SRB prior to accepting his PCS orders in March 2000. He alleged that he
was told that because he had applied for XX “A” School, he was not allowed to extend
his enlistment for 36 months to receive an SRB under ALCOAST 184/99. Under
COMDTINST 7220.33, members are entitled to accurate SRB counseling whenever they
reenlist or extend an enlistment. If the applicant had extended his enlistment for 36
months in March 2000, he would ultimately have received a pro-rated portion of the
SRB authorized for members in the XX rating for the number of months he served on
the extension contract as an XX.
The applicant’s record, however, contains a page 7 documenting accurate
counseling about his eligibility for the SRB. The page 7 expressly states that the appli-
cant was told he could extend his contract for 36 months to get the SRB but voluntarily
declined to do so. The page 7 was signed by the applicant before he signed the exten-
sion contract. The Board notes that, at the time, the applicant was apparently dis-
satisfied with his career in the XX rating and had requested a change in rating.
4.
The applicant pointed out that the paragraphs concerning SRB eligibility
in his extension contract are completed with “NA,” or not applicable, in the blanks. In
light of the accuracy of the counseling documented on the page 7, however, and the fact
that the applicant was not extending his enlistment for sufficient time to be eligible for
an SRB, the Board is not persuaded that the NAs on the extension contract support the
applicant’s allegation that he was miscounseled. The applicant has not submitted any
evidence from his prior command to support his allegation that he was not allowed to
extend his contract for more than 30 months.
Accordingly, the applicant’s request should be denied.
5.
The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his
ORDER
Julia Andrews
Nancy Lynn Friedman
Donald A. Pedersen
military record is denied.
There is no administrative entry (“page 7”) in the applicant’s record document- ing counseling about his obligated service requirement prior to accepting transfer orders, as required by Article 4.B.1.i.1.b. There is also no page 7 documenting counseling about the applicant’s obligated service requirement upon accepting his PCS orders, as required under Article 4.B.1.i.1.b. The application of XXXXXXXXXXXXXXXXXXX, USCG, for correction of his ORDER military record is granted as follows: His...
He stated that “if proper counseling was done, [the applicant] would have cancelled the two extensions from her commanding officer 1 According to the SRB regulation, a member must enlist or extend for a minimum of 36 months to receive an SRB. He further stated there is no requirement that the Coast Guard re- counsel its members about a subsequent ALCOAST announcing new SRB multiples. (3), states, in pertinent part, as follows: “Members with exactly 6 years active duty on the date of...
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