Search Decisions

Decision Text

CG | BCMR | SRBs | 2003-135
Original file (2003-135.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2003-135 
 
 
   

 

 
 

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 September 8, 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  May  20,  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 eligible 
for a Zone B selective reenlistment bonus (SRB)1 with a multiple of 2 by permitting him 
to  reenlist  for  six  years  prior  to  June  3,  2003.    He  alleged  that  he  was  not  properly 
counseled on his SRB entitlements when he received permanent change of station (PCS) 
orders  to  ELC  Baltimore  on  June  19,  2003.    He  stated  that  if  he  had  been  properly 
counseled  prior  to  the  receipt  of  PCS  orders,  he  would  have  reenlisted  for  six  years 
prior to June 3, 2003 and would have been eligible for an SRB with a multiple of 2.   
 

SUMMARY OF RECORD 

 

                                                 
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. 
 

The applicant's military record indicates that he enlisted in the Coast Guard for 
four years on August 8, 1996.  He extended this enlistment several times for a total of 
six years.  The last extension for two years and eight months occurred on March 4, 2002, 
with an expiration date of June 5, 2006.  The applicant extended on March 4, 2002, to 
have  enough  obligated  service  remaining  on  his  enlistment  to  accept  PCS  orders  to 
MAT  Baltimore.    Subsequently,  on  June  19,  2003,  he  received  PCS  orders  to  ELC 
Baltimore but no reenlistment or extension occurred in conjunction with these orders. 
 

VIEWS OF THE COAST GUARD 

On December 11, 2003, the Board received the views of the Coast Guard from the 
 
Judge Advocate General.  He recommended that the Board deny the applicant's request 
for relief.  TJAG stated the following: 
 

 

Upon  review  of  the  record,  it  is  determined  that  the  Applicant  was  not 
eligible  to  participate  for  a  Zone  "B"  SRB  prior  to  reporting  to  ELC 
Baltimore in July 2003.  The Coast Guard Personnel Manual, COMDTINST 
M1000.6  (Series)(Chapter  4.B.6.a.2),  states  that  personnel  E-4  and  above 
with over six years of active duty are considered to be in a career status 
and  are  required  to  have  one  year  of  OBLISERV  (obligated  service) 
remaining  upon  reporting  to  the  new  unit.    The  Applicant  on  the 
reporting date of 8 July 2003 was a MK2 (E-5) and had two (02) years and 
eleven  (11)  months  obligated  service  remaining  (EOE  date  5  June  2006) 
and  therefore  was  not  required  to  obligate  further  service  for  his  PCS 
transfer.  The member did not have to reenlist to accept these orders and 
therefore  counseling  was  not  mandatory.    Also,  it  is  noted  that  the 
applicant was not within 3 months of his expiration of enlistment date, or 
10-year service anniversary date (required counseling dates).     

APPLICANT'S REPLY TO THE VIEWS OF THE COAST GUARD 

 

 

On January 7, 2004, the Board received the applicant's reply to the views of the 

 
 
Coast Guard.  He offered the following: 
 

[D]uring  my  unexpected  transfer  in  July  2003,  I  was  not  required  to 
obligate further service for my PCS transfer but it was an opportunity to 
reenlist that I was not told about until after my transfer.  I don't know if 
this was overlooked due to the quick and unexpected PCS transfer, but I 
am willing to reenlist for six years as of July 2003 in order to receive an 
SRB.      The  Coast  Guard  Personnel  Manual  M1000.6  states  that  the 
objective of the SRB program is to provide an incentive to reenlist to those 
personnel in the Service who are serving in a skill or rating designated as 
critical by the Commandant.    

APPLICABLE REGULATIONS 

 
Coast Guard Personnel Manual 
 
Article  4.B.6.a.2.  states,  "Personnel  E-4  and  above  with  over  six  years  of  active 
 
duty  are  considered  to  be  in  a  career  status.    Unless  otherwise  indicated,  they  are 
required to have one year of OBLISERV remaining upon reporting to the new unit."  
 
 
  

 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. There was no requirement for the Coast Guard to provide the applicant with 
any  specific  counseling  upon  his  receipt  of  PCS  orders  on  June  19,  2003,  because  the 
applicant was not required to reenlist or to extend his enlistment to execute the orders. 
Article 4.B.6.a.2. of the Personnel Manual states, "Personnel E-4 and above with over six 
years of active duty are considered to be in a career status.  Unless otherwise indicated, 
they are required to have one year of OBLISERV remaining upon reporting to the new 
unit."    The  applicant  completed  his  sixth  year  of  active  duty  on  August  8,  2002,  and 
therefore, he was required to have only one year of service remaining on his enlistment 
when he reported to his new duty station in July 2003.  In fact, the applicant had more 
than two years remaining on his enlistment when he reported to the new assignment. 
His current enlistment is not scheduled to expire until 2006.  Therefore, contrary to his 
contention, the applicant was not required to reenlist or extend to meet the obligated 
service requirement for a PCS transfer. 

 
3.  SRB  counseling  normally  occurs  when  a  member  is  required  to  extend  or 
reenlist, neither of which occurred in the applicant's case.  Moreover, the SRB regulation 
does not permit enlisting more than three months early for the purposes of obtaining an 
SRB. 
 
 
and he is not entitled to relief.    
 
 
 
 

Accordingly, the applicant failed to prove an error or injustice in this case, 

4. 

 
 

 
 

[ORDER AND SIGNATURES ON NEXT PAGE] 

 

ORDER 

 

 

The  application  of  XXXXXXXXXXXXXXX,  USCG,  for  correction  of  his  military 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Bruce D. Burkley 

 

 

 

 
 Harold C. Davis, MD 

 

 

 

 
 John M. Dickinson 

 

 

 

 
 

 

 

 

 

 

 

 

 
 

 
 

 
 

record is denied.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 

 
 

 
 



Similar Decisions

  • CG | BCMR | SRBs | 2004-039

    Original file (2004-039.pdf) Auto-classification: Denied

    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. If the applicant had been properly counseled, it would be reasonable to assume that he would have extended for one (01) year to meet the obligated service requirement to accept his orders and prior to the effective date of the extension [July 11, 2003] he would have reenlisted for the Zone B SRB multiple of [2.5] that he was promised. The...

  • CG | BCMR | SRBs | 2008-040

    Original file (2008-040.pdf) Auto-classification: Denied

    This final decision, dated September 11, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that the selective reenlistment bonus (SRB)1 he received for extending his enlistment in order to transfer from the CGC ADAK, which was stationed in Bahrain, to the CGC RUSH is tax exempt. Coast Guard Personnel Manual, Article 3.C. of the Personnel Manual, members may not sign a reenlistment or extension...

  • CG | BCMR | SRBs | 2010-078

    Original file (2010-078.pdf) Auto-classification: Denied

    UNITED STATES COAST GUARD, COMDT- INST M1000.6A, PERSONNEL MANUAL, Art. of the Personnel Manual, he would have reenlisted on October 2, 2009, so that he would be entitled to the SRB and not have any previously obligated service remaining to run on his prior enlistment, which would reduce his SRB.10 The Board notes that the applicant asked to be reen- 8 UNITED STATES COAST GUARD, COMDTINST M1000.6A, PERSONNEL MANUAL, Art. However, the Coast Guard transferred the applicant with only one year...

  • CG | BCMR | SRBs | 2004-112

    Original file (2004-112.pdf) Auto-classification: Denied

    of the Personnel Manual provides that extension contracts for terms of two years or less may be canceled prior to their operative dates to allow the member to sign a new, longer extension or reenlistment contract to receive an SRB. of the Personnel Manual, the applicant could have canceled his May 6, 2003, three-year extension contract by signing a six-year reenlistment contract on July 18, 2004, to obtain a Zone A SRB under ALCOAST 182/03. Canceling the extension contract will reduce the...

  • CG | BCMR | SRBs | 2003-001

    Original file (2003-001.pdf) Auto-classification: Denied

    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...

  • CG | BCMR | SRBs | 1999-055

    Original file (1999-055.pdf) Auto-classification: Denied

    Therefore, on November 16, 1998, the applicant signed a third extension contract, extending his enlistment for two years and six months, through February 3, 200x. The Chief Counsel explained that the applicant’s PCS orders to xxxxx stated that he was required to have at least three years of obligated service before reporting to his new unit. Unless otherwise indicated, they are required to have one year of OBLI- SERV remaining upon reporting to the new unit.” ALDIST 290/98, issued on...

  • CG | BCMR | SRBs | 2002-176

    Original file (2002-176.pdf) Auto-classification: Denied

    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. VIEWS OF THE COAST GUARD On December 23, 2002, the Chief...

  • CG | BCMR | Other Cases | 2009-016

    Original file (2009-016.pdf) Auto-classification: Denied

    Accordingly, the JAG recommended that the Board correct the applicant’s record by voiding his June 23, 2007, extension contract and his March 9, 2009, reenlistment contract, and entering a six-year extension contract dated July 17, 2007, for a Zone A SRB pursuant to ALCOAST 304/07. The Board finds that when the applicant signed the 30-month extension contract on June 23, 2007, to obligate service for the transfer to Petaluma, he should have received SRB counseling pursuant to Article 3.C.3....

  • CG | BCMR | SRBs | 2004-145

    Original file (2004-145.pdf) Auto-classification: Denied

    The applicant’s reenlistment contract further indicates the applicant was “obligating 48 new months for SRB purposes.” There is also a Career Intentions Worksheet in the record dated January 13, 2004, which contains a handwritten notation from the person administering the oath for the applicant’s reenlistment, which states “cancel extension that is to begin 07 Feb 04, reenlisting for SRB purposes.” The record also contains a memorandum dated June 17, 2004, submitted by a yeoman first class...

  • CG | BCMR | SRBs | 2005-064

    Original file (2005-064.pdf) Auto-classification: Denied

    of the Coast Guard Personnel Manual states that to receive a Zone A SRB, the member cannot have previously received a Zone A SRB. The counseling was erroneous because the applicant received a Zone A SRB for his September 22, 2001, reenlistment, and pursuant to Article 3.C.4.a.6. Therefore, the Board finds that if the applicant had received proper SRB counseling in accordance with Article 3.C.3., he would have (a) extended his enlistment for 23 months instead of reenlisting in July 2003 and...