DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for Correction of
the Coast Guard Record of:
BCMR Docket No. 2004-066
Xxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxx
FINAL DECISION
AUTHOR: Hale, D.
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 February 5, 2004, upon the
BCMR’s receipt of the applicant’s request for correction.
members who were designated to serve as the Board in this case.
This final decision, dated October 13, 2004, is signed by the three duly appointed
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his record to show that he was entitled
to a selective reenlistment bonus (SRB) calculated with a multiple of 1.5, instead of the
multiple of 1 which he received for signing a four-year extension contract on April 25,
2003.
SUMMARY OF THE APPLICANT’S RECORD
On June 29, 1999, the applicant enlisted in the Coast Guard for a period of four
years. While apparently considering an extension or reenlistment, the applicant signed
a page 7 (CG-3307) on April 23, 2003, in which he acknowledged being advised that his
SRB multiple was 1 in accordance with ALCOAST 329/02. The page 7 noted, in part,
that “I [applicant] have been advised that my current Selective Reenlistment Bonus
(SRB) multiple is ONE [emphasis in the original] and is listed in ALCOAST 329/02,
which has been made available to me.” The page 7 is signed and dated by the applicant
and his counselor.
On April 25, 2003, the applicant signed an extension contract extending his
enlistment for four years, through June 28, 2007. The extension contract includes a
section titled SRB ELIGIBILITY ACKNOWLEDGMENT and states, in pertinent part,
that “[m]y current Selective Reenlistment Bonus (SRB) multiple under Zone A is 1.5 and
is listed in ALCOAST 182/03.” The extension contract is signed and dated by the
applicant and the Officer in Charge.
VIEWS OF THE COAST GUARD
On April 21, 2004, the Judge Advocate General (TJAG) of the Coast Guard
submitted an advisory opinion recommending that the Board grant the applicant
alternative relief. He stated that although the applicant was erroneously promised a
multiple of 1.5 on his reenlistment contract, he was only eligible for a multiple of 1.
TJAG stated that in an effort to afford the applicant a result that most closely
represents the bargain he claims, the Coast Guard recommends that the Board offer him
two options:
First, the applicant could have his record corrected by voiding the extension
contract dated April 25, 2003 and extending his period of service only until he
was discharged.
The second option would be to have the Board correct his extension contract to
show the actual SRB multiple of “1” to which he was entitled in accordance with
ALCOAST 182/03.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On April 26, 2004, the Chair sent a copy of the views of the Coast Guard to the
applicant and invited him to respond within 30 days. No response was received.
APPLICABLE LAW
Coast Guard Personnel Manual
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 329/02 was issued by the Commandant on July 3, 2002, and was in
effect from August 5, 2002, through June 30, 2003. It authorized SRBs for members who
reenlisted or extended their current enlistments and established a multiple of 1 for
BM3s plus an additional multiple of 0.5 for having certain surfman qualification codes.
ALCOAST 182/03 was issued by the Commandant on April 24, 2003, and was in
effect from July 1, 2003, through July 31, 2004. Under ALCOAST 182/03, BM3s were
eligible for a Zone A SRB calculated with a multiple of 1 and were entitled to an
additional 0.5 multiple for having certain surfman qualification 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 submission, and appli-
cable law:
§ 1552. The application was timely.
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
1.
2.
The applicant’s extension contract dated April 25, 2003, indicates that he
was erroneously promised a Zone A SRB with a multiple of 1.5 under ALCOAST
182/03. However, this ALCOAST was not in effect on the day the applicant signed the
extension contract. ALCOAST 329/02, which was in effect, announced a multiple of 1
for BM3s plus an additional 0.5 for having certain surfman qualification codes. The
applicant did not have any of the authorized surfman qualification codes, and therefore
he was only entitled to an SRB with a multiple of 1. He was not entitled to the
additional 0.5 multiple. Article 3.C.6 of the Coast Guard Personnel Manual states, in
part, that “agreements to Extend Enlistments signed before the effective date of the
change will be at the old multiple level.”
The applicant was erroneously counseled regarding his entitlement to an
SRB multiple of 1.5. However, when an applicant proves, as applicant does here, that
he has received improper counseling, the Board’s policy not to offend the regulation by
fulfilling the erroneous promises, but to return the applicant to the position he would
have been in had he been properly counseled. Therefore, if the applicant had been
properly counseled, he would have been told that, in accordance with ALCOAST
329/02, he was eligible only for a multiple of 1 because he did not possess the surfman
qualification codes necessary to obtain the additional 0.5 multiple.
3.
4.
Although it was necessary for the applicant to extend or reenlist by June
28, 2003, to avoid discharge, it is unclear from the applicant’s statement whether he
would have extended for the four years had he been cognizant of the fact he was only
entitled to an SRB multiple of 1. Therefore, the Board agrees with TJAG that since the
Coast Guard provided applicant with an erroneous promise, he should have the option
of voiding his four-year extension contract. The Board’s policy is to make this option
available to applicants where improper counseling or promises have occurred. The
Board does not find any other relief to be warranted or necessary in this case.
5.
above.
Accordingly, relief should be granted in accordance with the findings
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of xxxxxxxxxxxxxxxx, USCG, for correction of his military record
is granted, as follows: The applicant shall be given the option of having the April 25,
2003, extension contract voided and of being discharged from the Coast Guard. If the
applicant chooses to be discharged, his record shall show an extension of enlistment
from April 25, 2003, until the date of his discharge.
Julia Andrews
Nancy L. Friedman
Kathryn Sinniger
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