DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2003-124
FINAL DECISION
ULMER, 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 August 4, 2003, 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 April 15, 2004, 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 with a multiple of 2.5 instead of the 2.0
multiple he actually received. He alleged that upon reenlisting on May 21, 2003, he was
advised that he would receive a multiple of 2.5. However, after reenlisting he was
paid a Zone B SRB with a multiple of 2 because the higher 2.5 multiple did not become
effective until July 1, 2003. The applicant alleged that had he known that the additional
.5 multiple (authorized for certain competency codes) was not available until July 1,
2003, he would have extended his enlistment until that date and then reenlisted.
In support of his allegations, he submitted a copy of his reenlistment contract
showing that he was promised a Zone B SRB with a multiple 2.5. He also submitted a
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 6 but no more than 10 years of active duty service are in “Zone B.” Article 3.C., Coast Guard
Personnel Manual.
copy of an administrative remarks (page 7) page advising him that he was eligible to
reenlist for six years and to receive an SRB multiple of 2.5 under ALCOAST 329/02.
The page 7 further stated that the ALCOAST 329/02 had been made available to the
applicant.
SUMMARY OF THE RECORD
On July 19, 1993, the applicant enlisted in the Coast Guard for a term of four
years and has serve continually since that time. On May 26, 1999, he reenlisted for four
years that obligated service through May 25, 2003. His most recent reenlistment
occurred on May 21, 2003 for six years, wherein he was promised the Zone B SRB with a
multiple of 2.5.
APPLICABLE REGULATIONS
Coast Guard Personnel Manual
Article 1.G.14.a.2. of the Personnel Manual provides that a member may extend
his reenlistment “[f]or any number of full years and/or full months up to six years to
ensure sufficient obligated service [OBLISERV] for these purposes:
Article 1.G.14.a.4. provides that the Commander, Coast Guard Personnel
Command (CGPC) may authorize an extension for one year or other such period in
specific cases.
"a. Attend a resident school.
"b. Participate in the Coast Guard Tuition Program.
"c. INCONUS and OUTCONUS assignments; . . .
"d. Advance to E-7, E-8, or E-9; . . .
"e. Meet an approved retirement date."
Article 3.C.3 (Written Agreements) states that "all personnel with 10 years or less
active service who reenlist or extend for any period, however brief, shall be counseled
on the SRB program."
Article 3.C.6. (Change in Multiple) states the following:
All Agreements to Extend Enlistments signed before the effective date of
the change will be at the old multiple level. All agreements made on or
after the effective date of the change will be at the new level. Members
desiring to extend their enlistments or reenlist early to take advantage of a
higher bonus multiple may do so within the provisions of this chapter and
or Articles 1.G.14 and 12.B.7 [of this instruction].
Pertinent ALCOASTS
ALCOAST 182/03 was issued on April 24, 2003, and became effective on July 1,
2003. 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 182/03, members who were MK1s were eligible for a Zone B SRB calculated
with a multiple of two and was entitle to an additional .5 multiple for having certain
boat engineering competency codes.
ALCOAST 329/02 was issued on July 3, 2002 and was effective from August 5,
2002 through June 30, 2003. It established a multiple of 2 for MK2s and above but did
not authorize the additional .5 for having certain competency codes.
VIEWS OF THE COAST GUARD
On February 28, 2003, the Judge Advocate General (TJAG) of the Coast Guard
recommended that the Board grant the following relief: (1) void the May 21, 2003
reenlistment contract, (2) order a two-month extension to cover the period from May 26,
2003 through July 1, 2003, and finally (3) reenlist the applicant on July 2, 2003, which
would make him eligible for the 2.5 SRB multiple.
TJAG stated that the record supports the applicant’s allegation of erroneous
counseling and the erroneous promise of a Zone B SRB with a multiple of 2.5. He noted
that the applicant acted promptly to attempt to correct the alleged error.
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On November 13, 2003, the applicant responded to the Coast Guard advisory
opinion, stating that he agreed with the recommendation for relief.
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.
2. When the applicant reenlisted on May 21, 2003, his then four-year
reenlistment was due to expire on May 25, 2003. Therefore, he was required to either
extend his enlistment or reenlist by the expiration date of his then current enlistment or
he would have been discharged from the Coast Guard. ALCOAST 329/02 was in effect
on May 21, 2003, and it only authorized a multiple of 2 for MK1s, like the applicant.
According to Article 3.6.C. of the Personnel Manual, the applicant was not eligible for
the additional .5 SRB multiple because ALCOAST 182/03, which authorized the
additional multiple, did not become effective until July 1, 2003.
3. The applicant claimed that if he had known on May 21, 2003, that ALCOAST
182/03 would not become effective until July 1, 2003, he would have extended his
enlistment in May 2003 for two months and reenlisted after July 1, 2003. TJAG
admitted that the Coast Guard improperly counseled the applicant by informing him
that he was entitled to a multiple of 2.5 and recommended that the Board remedy the
error, as the applicant had suggested, by correcting his record to show that he executed
a two month extension on May 26, 2003 and by further correcting the record to show
that he reenlisted on July 2, 2003, thereby becoming eligible for the additional .5 SRB
multiple.
4. For the reasons discussed herein, the Board is unable to grant the
recommended relief. Chapter 3.C.6 (Selective Reenlistment Bonus) of the Personnel
Manual states that "members desiring to extend their enlistments . . . to take advantage
of a higher bonus multiple may do so within the provisions . . . of Article 1.G.14. [of the
Personnel Manual]." On May 21, 2003, the applicant would not have been permitted to
execute a two-month extension of his enlistment because he did not meet the
requirements of Article 1.G.14.a.2. of the Personnel Manual. This provision authorizes
extensions of enlistment for a period of months only for the purpose of attending
school, participating in Coast Guard Tuition Assistance Program, transferring to a new
assignment, advancing to E7, E-8, or E-9, or meeting an approved retirement date. The
applicant was in none of these situations on May 21, 2003. He was, however, near the
end of his then current enlistment, which was May 25, 2003, and he was required to
either reenlist or extend his enlistment or he would have been discharged from the
Coast Guard. Since he did not meet any of the requirements for a short-term extension,
any such extension executed in May 2003 for less that two years2 would have required
the approval of CGPC, under Article 1.G.14.a.4. of the Personnel Manual.
5. The applicant received the SRB multiple that was authorized for his rating
under ALCOAST 329/02 at the time he reenlisted. Moreover, he was not eligible to
extend his enlistment for a two-month period in May 2003 to take advantage of the
higher SRB multiple that became effective on July 1, 2003. He has, however, presented
evidence showing that on May 21, 2003, he was improperly counseled that he would
receive a Zone B SRB with a multiple of 2.5. 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 applicant’s command, but to return the applicant to the position
he would have been in had he been properly counseled.
2 Article 1.G.14.a. of the Personnel Manual allows career personnel to extend their enlistments for not
less than two nor more than six years, at their request.
7.
8.
6. Therefore, if the applicant had been properly counseled in May 2003, he
would have been told that, under ALCOAST 329/02 he was eligible only for a multiple
of 2, which is what he received. He would have been further advised that he could not
extend for a period of months to take advantage of the higher SRB multiple that became
effective on July 1, 2003, because such short-term extensions solely for the purpose of
obtaining a higher SRB multiple are not permitted under the Personnel Manual. There
is no evidence in the record that CGPC, under the authority granted to him under
Article 1.G.14.a.4 of the Personnel Manual, would have approved a short-term
extension solely for the purpose of allowing the applicant to qualify for a future higher
SRB multiple. The applicant was paid an SRB multiple of 2 in accordance with the
ALCOAST in effect at the time he reenlisted. He is by regulation entitled to no more.
In some cases where improper counseling has occurred, the Board has
allowed a member the option of voiding a reenlistment contract containing an
erroneous promise and to be discharged from the Coast Guard, if he so chose.
However, in this case, where the applicant received a Zone B multiple of 2, where he
has over 10 years of service, and where he has not expressed a desire to be discharged if
he does not receive payment of the additional .5 SRB multiple, the Board will not direct
such optional relief.
Accordingly, the applicant’s request should be denied.
[ORDER AND SIGNATURES ON NEXT PAGE]
Thomas F. Muther, Jr.
ORDER
military record is denied.
The application of XXXXXXXXXXXXXXXXXX, USCG, for correction of his
Adrian Sevier
Thomas H. Van Horn
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