DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
Xxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
FINAL DECISION
BCMR Docket No. 2003-140
SUMMARY OF THE RECORD
The applicant asked the Board to correct his record to show that he reenlisted for 5 years
at the end of his enlistment, November 29, 2003, rather than on June 30, 2003. He alleged that
he was told that he would receive a selective reenlistment bonus (SRB) if he canceled a prior 18-
month extension contract and reenlisted on June 30, 2003. He alleged that he was not actually
counseled about SRBs until mid July 2003, when the Personnel Command asked his command
for documentation of his SRB counseling. The applicant stated that although he canceled the
extension contract and reenlisted for 5 years on June 30, 2003, he did not receive the SRB
because he was not legally authorized to reenlist until he was within 3 months of the end of his
original enlistment, which was November 29, 2003. The applicant’s reenlistment contract dated
June 30, 2003, shows that he was promised the SRB. In addition, he submitted a statement from
his Personnel Reporting Unit who confirmed his allegations.
The Judge Advocate General of the Coast Guard recommended that the Board grant the
applicant’s request because the record supports the applicant’s allegation of error. He recom-
mended that the Board reenlist the applicant for 5 years on August 30, 2003.
In response to the Judge Advocate General’s advisory opinion, the applicant stated that,
if he had received accurate and timely counseling, he would have waited to reenlist until the
end of November 2003 in order to have no deductions from his SRB for months of previously
obligated service, as would happen if he were reenlisted as of August 30, 2003. Moreover, he
stated that since November 30, 2003, has passed, he is now asking that his 5-year reenlistment
be voided and that his 18-month extension remain in effect so that he will have a chance to
reenlist in May 2005.
FINDINGS AND CONCLUSIONS
Under Article 3.C. of the Personnel Manual, the applicant was entitled to proper and
timely counseling concerning his eligibility for an SRB. The applicant has proved that he was
erroneously counseled that he could reenlist 5 months early to receive an SRB. Moreover, he
apparently did not receive proper counseling until several weeks after he reenlisted.
Although the applicant, now in retrospect, asks for the previously canceled extension
contract to be reinstated and the reenlistment contract to be voided, the Board is not persuaded
that this is what the applicant would have chosen to do if he had been properly and timely
counseled about SRBs within 3 months of the end of his enlistment as required under Article
3.C. Whenever an applicant proves that he has received improper or untimely SRB counseling,
the Board’s policy is not to fulfill the erroneous promises made by the applicant’s command or
to make any correction requested by the applicant, but to return the applicant to the position he
would have been in had he been properly and timely counseled. The applicant has admitted
and the Board finds that, if he had been properly counseled, the applicant would have waited
to reenlist until the end of his original enlistment to have no deductions from his SRB for pre-
viously obligated service. Accordingly, this is the relief that should be granted.
ORDER
The military record of MK2 xxxxxxxxxxxxxxxxxxxx, USCG, shall be corrected by
changing the date of his 5-year reenlistment contract from June 30, 2003, to November 30, 2003.
The Coast Guard shall pay him any amount he may be due under ALCOAST 182/03 as a result
of this correction.
May 20, 2004
Date
Harold C. Davis, MD
John M. Dickinson
___
Bruce D. Burkley
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...
This final decision, dated March 31, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, an operations specialist second class (OS2), asked the Board to correct his military record to make him entitled to a Zone A selective reenlistment bonus (SRB) calculated with a multiple of 2.1 He alleged that, prior to being transferred to his current station on July 7, 2003, he was not properly counseled about his eligibility for an SRB when he signed a...
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The Judge Advocate General of the Coast Guard (TJAG) recommended that the Board grant the applicant’s request because the record supports his allegation that he was not properly counseled. Under Article 3.C.5.6., on June 8, 2004, the applicant would have been entitled to cancel his one-month extension and reenlist for 6 years to receive the SRB with a multiple of 2.5. The Board finds that, if the applicant had been properly counseled, he would have extended his enlistment for one month on...
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Under COMDTINST 7220.33 and ALCOAST 198/01, a member whose 6th anniversary fell between May 1 and September 30, 2001, was entitled to reenlist during October 2001 for a Zone A SRB. The Chief Counsel of the Coast Guard recommended that the Board grant the appli- cant’s request because the record supports his allegation that he was not properly counseled and that if he had been, he would have waited until October 2001 to reenlist. Under ALCOAST 127/01 and the special provisions of ALCOAST...
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