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.
This final decision, dated May 29, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a first class gunner’s mate (GM1/E-6), asked the Board to correct his record to show that he reenlisted for six years on both his sixth and tenth active duty anniversa- ries to receive Zone A and Zone B selective reenlistment bonuses (SRBs).1 The applicant alleged that on November 16, 2006, he learned from his unit’s yeoman that he had been eligible to receive...
Under Article 3.C.4.b.1., the first criterion for a Zone B SRB is that the member must “[r]eenlist not later than 3 months after discharge or release from active duty in a rating authorized an SRB multiple.” The JAG stated, however, that the applicant was eligible for a Zone B SRB on his tenth anniversary under ALCOAST 283/06 and that the lack of a Page 7 documenting SRB counseling for the anniversary supports the applicant’s allegation that he was not timely counseled. of the Personnel...
This final decision, dated April 5, 2006, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record so that he will be entitled to receive a Zone A selective reenlistment bonus (SRB) for reenlisting on his sixth active duty anniversary in May 2001 and a Zone B SRB for reenlisting on his tenth active duty anniversary in May 2005.1 The applicant alleged that he was eligible for a Zone A SRB when he extended his original...
3 To be eligible for a Zone B SRB, a member must have completed “at least 6 years but not more than 10 years of active service on the date of reenlistment or operative date of the extension.” Coast Guard Personnel Manual, Article 3.C.4.b.3. He stated that upon receiving transfer orders to the Coast Guard Integrated Support Command (ISC) and the Coast Guard Cutter Healy in Seattle, he was counseled by a Coast Guard yeoman1 that he was eligible to reenlist or extend for up to six years for a...
This final decision, dated December 29, 2004, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that he is entitled to a Zone B selective reenlistment bonus (SRB) calculated with seventy-two months of newly obligated service.1 He alleged that he was miscounseled about his eligibility for the SRB and that if he had been properly counseled, he would have reenlisted for six years on May 13, 2003, in lieu of extending, to...
He also alleged that during this time, he was away from his servicing personnel reporting unit (PERSRU) and did not receive counseling about his eligibility to reenlist for an SRB on September 17, 2001, his tenth anniversary on active duty. The applicant alleged that, had he been counseled, he would have reenlisted for six years in order to obtain a Zone B SRB under ALCOAST 198/01. [ORDER AND SIGNATURES APPEAR ON NEXT PAGE] ORDER The six-month extension agreement, dated April 25, 2001 but...
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The Coast Guard erred when it counseled the applicant that he was eligible to receive a Zone B SRB for signing a six-year reenlistment contract on January 31, 2002. of the Personnel Manual, which show that a member’s SRB equals his monthly basic pay, multiplied by the SRB multiple authorized under the ALCOAST in effect, multiplied the number of months of service newly obligated under the contract, and divided by 12, if the appli- cant had reenlisted for four years on this 6th anniversary...
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