DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2003-141
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 29, 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 June 30, 2004, is signed by the three duly appointed
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct her military record to make her entitled
to a Zone A selective reenlistment bonus (SRB)1 with a multiple of 2.5 instead of the 2.0
multiple she actually received. She alleged that upon reenlisting on June 3, 2003, she
was promised an SRB with a multiple of 2.5. However, after reenlisting she was paid a
Zone A SRB with a multiple of 2 because the higher 2.5 multiple did not become
effective until July 1, 2003. The applicant alleged that had she known that the
additional .5 multiple (authorized for certain competency codes) was not available until
July 1, 2003, she would have delayed her reenlistment until that date to obtain the
additional multiple.
showing that she was promised a Zone A SRB with a multiple of 2.5.
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
less than 6 of active duty service are in “Zone A.” Article 3.C., Coast Guard Personnel Manual.
In support of her allegations, she submitted a copy of her reenlistment contract
SUMMARY OF THE RECORD
On July 7, 1998, the applicant enlisted in the Coast Guard for a term of four years
and has served continuously since that time. On October 16, 2002, she extended her
enlistment for five months, and on December 6, 2002, she extended for six months,
obligating service until June 6, 2003. Her most recent reenlistment occurred on June 3,
2003, for three years, wherein she was promised the Zone A SRB with a multiple of 2.5.
VIEWS OF THE COAST GUARD
On February 2, 2004, the Judge Advocate General (TJAG) submitted an advisory
opinion. TJAG stated that when the applicant reenlisted on June 3, 2003, there was no
authority to pay a Zone A multiple of 2.5. AlCOAST 182/03, which authorized the
additional .5 multiple, did not become effective until July 1, 2003. The applicant was
advised on a December 6, 2002 administrative remarks (page 7) page that she was
entitled to a Zone A SRB with a multiple of 2. However, TJAG admitted that on her
reenlistment contract the applicant was erroneously promised a multiple of 2.5. (The
military record also contains a page 7 dated May 30, 2003, advising the applicant that
she was entitled to a multiple of 2.5.) TJAG stated that since the applicant's enlistment
was due to expire on June 6, 2003, she could not have waited until July 1, 2003 to
reenlist.
TJAG stated that in an effort to afford the applicant a result that most closely
represents the bargain she claimed, the Coast Guard recommended that the Board offer
her two options:
First, Applicant could have her record corrected by voiding her
reenlistment contract dated 3 June 2003 and subsequently extending her
period of service until the BCMR final decision. Applicant could then be
discharged if she so desires. Under this option the applicant would be
liable to the Coast Guard for her unearned SRB payments. The second
option would be to have the Board correct her record to show the actual
SRB multiple of "2" to which she was entitled and the correct authority for
that multiple.
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On February 4, 2004, a copy of the Coast Guard's views was mailed to the
applicant for her response. On March 11, 2004, she requested and was granted a 30-day
extension to reply to the views of the Coast Guard, but she did not submit a reply.
APPLICABLE REGULATIONS
Coast Guard Personnel Manual
Article 1.G.14.a.2. of the Personnel Manual provides that a member may extend
his reenlistment “[f]or any number of full years and/or full months up to six years to
ensure sufficient obligated service [OBLISERV] for these purposes:
Article 1.G.14.a.4. provides that the Commander, Coast Guard Personnel
Command may authorize an extension for one year or other such period in specific
cases.
"a. Attend a resident school.
"b. Participate in the Coast Guard Tuition Program.
"c. INCONUS and OUTCONUS assignments; . . .
"d. Advance to E-7, E-8, or E-9; . . .
"e. Meet an approved retirement date."
Article 3.C.3 (Written Agreements) states that "all personnel with 10 years or less
active service who reenlist or extend for any period, however brief, shall be counseled
on the SRB program."
Article 3.C.6. (Change in Multiple) states the following:
All Agreements to Extend Enlistments signed before the effective date of
the change will be at the old multiple level. All agreements made on or
after the effective date of the change will be at the new level. Members
desiring to extend their enlistments or reenlist early to take advantage of a
higher bonus multiple may do so within the provisions of this chapter and
or Articles 1.G.14 and 12.B.7 [of this instruction].
Pertinent ALCOASTS
ALCOAST 182/03 was issued on April 24, 2003, and became effective on July 1,
2003. It established SRB multiples for personnel in certain skill ratings who reenlisted
or extended their enlistments for at least three years and up to six years. Under
ALCOAST 182/03, BM2s were eligible for a Zone A SRB calculated with a multiple of
two and was entitled to an additional .5 multiple for having certain competency codes.
ALCOAST 329/02 was issued on July 3, 2002 and was effective from August 5,
2002 through June 30, 2003. It established a multiple of 2 for BM2s and above but did
not authorize the additional .5 for having certain competency codes.
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. When the applicant reenlisted on June 3, 2003, her then enlistment was due to
expire on June 6, 2003. Therefore, she was required either to extend her enlistment or to
reenlist by the expiration date of her then current enlistment or she would have been
discharged from the Coast Guard. ALCOAST 329/02 was in effect on June 3, 2003, and
it only authorized a multiple of 2 for BM2s, like the applicant. According to Article
3.6.C. of the Personnel Manual, the applicant was not eligible for the additional .5 SRB
multiple because ALCOAST 182/03, which authorized the additional multiple, did not
become effective until July 1, 2003.
3. The applicant claimed that if she had known on June 3, 2003, that ALCOAST
182/03 would not become effective until July 1, 2003, she would have waited and
reenlisted on July 1, 2003. To do so, the applicant would have been required to execute
a short-term (one month) extension, which was not authorized under the circumstances
of her case.
4. In this regard, the Board notes that Chapter 3.C.6 (Selective Reenlistment
Bonus) of the Personnel Manual states that "members desiring to extend their
enlistments . . . to take advantage of a higher bonus multiple may do so within the
provisions . . . of Article 1.G.14. [of the Personnel Manual]." On June 3, 2003, the
applicant would not have been permitted to execute a one-month extension of her
enlistment because she did not meet the requirements of Article 1.G.14.a.2. of the
Personnel Manual. This provision authorizes extensions of enlistment for a period of
months only for the purpose of attending school, participating in Coast Guard Tuition
Assistance Program, transferring to a new assignment, advancing to E7, E-8, or E-9, or
meeting an approved retirement date. The applicant was in none of these situations on
June 3, 2003. She was, however, near the end of her then current enlistment, which was
June 6, 2003, and she was required either to reenlist for a minimum of three years or
extend her enlistment for a minimum of two years, or she would have been discharged
from the Coast Guard.
5. The applicant received the SRB multiple that was authorized for her rating
under ALCOAST 329/02 at the time she reenlisted. She has, however, presented
evidence showing that on June 3, 2003, she was improperly promised a Zone A SRB
with a multiple of 2.5. When an applicant proves that she has received improper SRB
counseling and the record cannot be corrected without offending the regulation, the
Board's policy is to return the applicant to the position she would have been in had she
been properly counseled.
6. Therefore, if the applicant had been properly counseled in June 2003, she
would have been told that, under ALCOAST 329/02 she was eligible only for a multiple
of 2, which is what she received. She would have been further advised that she could
not extend for a one-month period to take advantage of the higher SRB multiple that
became effective on July 1, 2003, because such short-term extensions solely for the
purpose of obtaining a higher SRB multiple are not permitted under the Personnel
Manual. The applicant was paid an SRB multiple of 2 in accordance with the
ALOCAST in effect at the time she reenlisted. She is by regulation entitled to no more.
In cases where improper counseling has occurred, the Board has allowed a
member the option of voiding the reenlistment contract containing the erroneous
promise and being discharged from the Coast Guard. The Board will direct that the
applicant be provided with this option. The Board does not find any other relief to be
warranted or necessary in this case.
Accordingly, the applicant is entitled to the limited relief discussed above.
8.
7.
ORDER
The application of XXXXXXXXXXXXXXXXX, USCG, for correction of her
military record is denied. However, at her option, the applicant shall be given the
opportunity of having the June 3, 2003, reenlistment contract voided and of being
discharged from the Coast Guard. If the applicant chooses to be discharged, she shall
make such decision within 30 days from the date of this order, and her record shall
show an extension of enlistment from June 6, 2003, until the date of her discharge.
Richard Walter
Philip B. Busch
Suzanne L. Wilson
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