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CG | BCMR | SRBs | 2003-138
Original file (2003-138.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. 2003-138 
 
Xxxxxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxxx 

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 September 22, 
2003, upon receipt of the 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 that the Board correct his record to show that upon receipt 
of his transfer orders on March 13, 2003, he reenlisted for six years to receive a Zone B 
selective  reenlistment  bonus  (SRB).1    He  alleged  that,  upon  receiving  the  orders,  he 
should  have  been  counseled  about  SRBs  and  that  if  he  had  been,  he  would  have 
reenlisted for the SRB. 

 

SUMMARY OF THE RECORD 

 
 
On  June  20,  1995,  the  applicant  enlisted  in  the  Coast  Guard  for  a  term  of  four 
years, through June 19, 1999.  On June 16, 1999, the applicant reenlisted for six years, 
through June 15, 2005, and received a Zone A SRB. 
                                                 
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 less than 6 years on active duty are in “Zone 
A.”  Those with at least 6 but less than 10 years are in “Zone B.” 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).   

In March 2003, with more than two years remaining to run on his reenlistment 
contract,  the  applicant  received  transfer  orders  to  report  to  a  new  station  on  May  12, 
2003.  The applicant accepted the transfer orders.  He was not counseled about SRBs or 
permitted to reenlist or extend his enlistment prior to transferring.   

VIEWS OF THE COAST GUARD 

On  December  8,  2003,  the  Judge  Advocate  General  (TJAG)  of  the  Coast  Guard 

 
 
recommended that the Board deny the applicant’s request.   
 
 
TJAG  stated  that  when  the  applicant  received  his  transfer  orders,  he  had  per-
formed more than six years of active duty and was therefore in a “career status.”  Under 
Article 4.B.6.a.2. of the Personnel Manual, TJAG stated, members in a career status are 
required only to have one year of obligated service remaining to accept transfer orders 
and report to a new unit.  Because the applicant’s current contract runs through June 15, 
2005, TJAG stated, he did not have to obligate additional service to accept the transfer 
orders.  Therefore, TJAG argued, there was no authority to reenlist or extend the appli-
cant’s enlistment and no SRB counseling was required. 
 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

 
 
On December 15, 2003, the BCMR sent the applicant a copy of the views of the 
Coast Guard’s and invited him to respond within 30 days.  No response was received.   
 

 

 

APPLICABLE REGULATIONS 

 
Article 4.B.6.a.2. of the Personnel Manual provides that members in pay grade E-
 
4  and  above  who  have  performed  more  than  six  years  of  active  duty  are  required  to 
have  only  one  year  of  obligated  service  remaining  upon  reporting  to  a  new  unit.    A 
member  in  career  status  with  less  than  one  year  of  obligated  service  remaining  must 
obligate additional service by signing a reenlistment or extension contract.   
 

Paragraph  Article  1.G.10.e.  of  the  Personnel  Manual,  under  the  heading 
“Authority  to  Effect  Reenlistment,”  provides  that  a  member  may  be  reenlisted  by  his 
command “not earlier than 90 days before the expiration of his or her enlistment, and 
not later than the day following the date of expiration of enlistment.”  Article 3.C.5.9. 
states  that  a  member  may  be  reenlisted  by  his  command  on  his  sixth  or  tenth  active 
duty anniversary to receive an SRB. 

 
Article 1.G.18.b. of the Personnel Manual, provides that “[a]n individual may not 
extend his or her enlistment more than three months (for regular active duty) or 30 days 
(for  reservists)  before  the  date  the  existing  enlistment  expires.    For  certain  purposes, 
however,  such  as  assignment  to  a  Service  school,  duty  outside  CONUS,  other  duty 

requiring  additional  obligated  service,  or  …  ,  an  individual  may  extend  his  or  her 
enlistment  considerably  in  advance.  An  individual  may  not  extend  more  than  three 
months early for SRB bonus purposes only.” 

 
Article  3.C.  of  the  Personnel  Manual  requires  members  to  be  counseled  about 
SRBs  any  time  they  reenlist  or  extend  their  enlistments  and  during  the  three  months 
prior to their sixth and tenth anniversaries on active duty.   
 

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. 

In March 2003, the applicant had more than six years on active duty and 
more than two years remaining to run on his reenlistment contract.  Therefore, he was 
not  required  to  obligate  more  service  to  accept  his  transfer  orders.    With  no  need  to 
obligate additional service under Article 4.B.6.a.2. of the Personnel Manual, the appli-
cant was not authorized to reenlist or extend his enlistment since he was not within 90 
days of the end of his enlistment or his sixth or tenth active duty anniversary.  Person-
nel Manual, Articles 1.G.10.e., 1.G.18.b., and 3.C.5.9.  

The applicant alleged that the Coast Guard committed an error by failing 
to  counsel  him  about  SRBs  and  by  not  allowing  him  to  reenlist  prior  to  his  transfer.  
However, as stated in finding 2, the applicant’s command had no authority to reenlist 
him or to extend his enlistment.  Therefore, the applicant was not eligible to reenlist or 
extend his enlistment, and his command committed no error in failing to counsel him 
about SRBs prior to his transfer.  
 
 
 

Accordingly, the applicant’s request should be denied. 

4. 

 

  

1. 

 
2. 

 
3. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 
 

The  application  of  xxxxxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his 

ORDER 

 

 
 

 
 

 
 

             
 

        

 

 

 Bruce D. Burkley 

 
 

 
 

 

 
 Harold C. Davis, MD 

 

 

 

 
 John M. Dickinson 

 

 

 

 
 

 

 

 

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

military record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 

 
 

 
 



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