DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2004-026
XXXXXXXXXXXXXXXXXXX
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 November 17, 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 August 19, 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 entitled
to a Zone A selective reenlistment bonus (SRB)1 with a multiple of 2.5 instead of the
multiple of 2 that he received. He alleged that upon reenlisting for six years on June 30,
2003, he was advised that under ALCOAST 182/03, he would receive an SRB with a
multiple of 2 plus an additional .5 for having certain engineering specialty codes.
However, after reenlisting he was paid a Zone A SRB with a multiple of 2 under
ALCOAST 329/02, which was in effect on the date he reenlisted. The applicant stated
that the promise of a 2.5 SRB multiple was a factor in his decision to reenlist.
SUMMARY OF THE 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 21 months but no more than 6 years of active duty service are in “Zone A.” Article 3.C., Coast
Guard Personnel Manual.
On September 27, 1999, the applicant enlisted in the Coast Guard for a term of
four years. His original four-year obligation was due to expire on September 26, 2003.
However, on June 30, 2003, he reenlisted for six years through June 29, 2009, whereupon
he was promised a Zone A SRB, with a multiple of 2.5.
APPLICABLE REGULATIONS
Coast Guard Personnel Manual
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 was effective from July 1,
2003, through July 30, 2004. 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, MK2s were eligible for a Zone A SRB calculated
with a multiple of 1.5 plus an additional .5 multiple for having certain engineering
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 MK2s and above.
VIEWS OF THE COAST GUARD
On February 2, 2004, the Judge Advocate General (TJAG) of the Coast Guard
submitted an advisory opinion stating that the applicant was incorrectly promised a
Zone A SRB with a multiple of 2.5 under ALCOAST 182/03 when he reenlisted on June
30, 2003. TJAG stated that ALCOAST 329/02 (not ALCOAST 182/03) was in effect on
the date of the applicant's reenlistment and it authorized only a multiple of 2 for MK2s.
He further stated that AlCOAST 182/03, which became effective on July 1, 2003 (after
the applicant's reenlistment), authorized only a multiple of 1.5 for MK2s plus an
additional .5 for having the required engineering competency codes. Therefore, he
argued that the applicant would have received only a multiple of 2 whether he had
reenlisted on June 30, 2003 or July 1, 2003.
TJAG stated that the applicant is not entitled to the 2.5 multiple. However, he
recommended that the applicant be granted alternative relief, consisting of the options
set out below:
First, Applicant could have his record corrected by voiding his
reenlistment contract dated 30 June 2003 and subsequently extending his
period of service until the BCMR final decision. Applicant could then be
discharged if he so desires. Under this option the applicant would be
liable to the Coast Guard for his unearned SRB payments. The second
option would be to have the Board correct his record to show the actual
SRB multiple of "2" to which he was entitled and the correct authority for
that multiple.
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On March 5, 2004, the Board received the applicant's reply to the views of the
Coast Guard. He expressed disappointment that the Coast Guard refused to live up to
the terms of the reenlistment contract. He again noted the Coast Guard's error in
providing him with erroneous counseling and he requested to be paid the 2.5 SRB
multiple.
On May 26, 2004, the applicant called the BCMR and asked the Board to correct
his record to show that he reenlisted for three years on June 30, 2003 rather than having
reenlisted for six years. Although the Chair asked the applicant to put this request in
writing, the Board has received nothing in writing.
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. The applicant was paid an SRB multiple of 2 for his June 30, 2003,
reenlistment under ALCOAST 329/02, which was in effect at that time. However, when
he reenlisted, he was incorrectly advised by Coast Guard personnel that he was entitled
to an SRB multiple of 2.5 under ALCOAST 182/03. Even though the applicant was
incorrectly promised the higher multiple, under the regulation he is entitled only to the
multiple in effect at the time of reenlistment. See Article 3.C.6. of the Personnel Manual.
3. In addition, the evidence showed that the applicant would have received only
a multiple of 2 under either ALCOAST 329/02 or 182/03. ALCOAST 329/02
authorized a multiple of 2 and ALCOAST 182/03 authorized a multiple of 1.5 plus an
additional .5 for having certain engineering codes. Therefore, only an SRB multiple of 2
was authorized for the applicant.
4. However, the applicant has presented evidence showing that he was
improperly promised a Zone A SRB with a multiple of 2.5. When an applicant proves
that he has received improper SRB counseling, the Board’s policy is not to offend the
regulation by granting relief based on the erroneous promise, but to return the
applicant to the position he would have been in had he been properly counseled.
6. Therefore, if the applicant had been properly counseled, he would have been
told that under ALCOAST 329/02 he was eligible only for a multiple of 2. He would
have been further advised that ALCOAST 182/03 did not become effective until July 1,
2003, and it only authorized a multiple of 1.5 plus an additional .5 for certain
competency codes, totaling a multiple of 2. The applicant has stated that he relied on
the incorrect counseling in making his decision to reenlist for six years on June 30, 2003.
Since the applicant has proved that he was misadvised and has requested, in light
thereof, that his six-year contract be shortened to three years, the Board will direct this
relief. The Board is persuaded that if the applicant had been properly counseled he
probably would have reenlisted only for three years, which he was authorized to do.
The Board finds that modifying the applicant's six-year reenlistment to three years is a
more equitable resolution under the circumstances of this case than the alternative relief
recommended by the Coast Guard, particularly since the applicant has not requested to
be discharged.
Accordingly, the applicant is entitled to limited relief.
7.
[ORDER AND SIGNATURES ON NEXT PAGE]
ORDER
Terry E. Bathen
The application of XXXXXXXXX, XXXXXXXXX, USCG, for correction of his
military record is granted. His June 30, 2003, reenlistment contract shall be corrected to
show that he reenlisted for three years, rather than six years, for which he received a
Zone A SRB under ALCOAST 329/02. The Coast Guard shall pay the applicant any
sum due as a result of this correction.
Molly McConville Weber
Dorothy J. Ulmer
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