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.
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...
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...
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...
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...
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...
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...
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
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....
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...
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...