DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
XXXXXXXXXXXXXXXXXXXX
xxxxxxxxxxxxxxxxx
BCMR Docket No. 2004-122
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 May 19, 2004, upon the
BCMR’s receipt of the applicant’s request for correction.
appointed members who were designated to serve as the Board in this case.
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 military record by canceling his
four-year extension contract and replacing it with a six-year reenlistment contract. He
alleged that his ship’s personnel office told him that he could cancel the March 19, 2004,
extension contract at a later date and reenlist for six years to maximize his selective
reenlistment bonus (SRB).1 After being notified that he was not selected for the Coast
Guard’s Pre-Commissioning Program for Enlisted Personnel (PPEP)2 the applicant
attempted to cancel the extension contract and reenlist for six years, but was told that he
would have to wait until three months prior to the end of his enlistment to cancel the
extension.
The applicant further alleged that shortly after telling him he could cancel the
extension without any negative impact on his reenlistment, the personnel office
admitted they were mistaken and that if he cancelled the extension contract and
reenlisted, then his SRB would be reduced by the number of months previously
1 SRBs allow the Coast Guard to offer a reenlistment incentive to members who possess highly desired
skills at certain points during their career. 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 authorized for the member’s skill/rating, that is published in an
ALCOAST.
2 The Coast Guard’s Pre-Commissioning Program for Enlisted Personnel (PPEP) program is an
opportunity for top performing enlisted personnel to complete their Bachelor’s degree, attend Officer
Candidate School (OCS), and receive a Coast Guard commission.
obligated by that extension. The applicant now seeks to replace that four-year
extension with a six-year reenlistment, which would be calculated with seventy-two
months of newly obligated service, resulting in a significantly larger SRB.
SUMMARY OF THE APPLICANT’S RECORD
On August 29, 2000, the applicant enlisted in the Coast Guard for a term of four
years, through August 28, 2004. On February 5, 2004, the applicant signed a page seven
(CG-3307) in which he acknowledged being advised that he was eligible to reenlist or
extend his enlistment and that his Zone A SRB multiple was three in accordance with
ALCOAST 182/03. On March 19, 2004, the applicant signed a four-year extension
contract, through August 28, 2008, to “lock in” the SRB multiple while awaiting possible
selection for the PPEP program. The contract indicates that it was signed at the
“request of individual,” rather than to attend school or receive tuition assistance.
Under ALCOAST 182/03, he received a Zone A SRB with a multiple of three and
calculated with forty-eight months of newly obligated service. Shortly after signing the
March 19, 2004, extension contract, the applicant sought to cancel the extension and
reenlist for six years to receive an SRB calculated with seventy-two months of newly
obligated service, but discovered that if he cancelled the extension contract his SRB
would be reduced by the number of months obligated by the extension.
VIEWS OF THE COAST GUARD
On June 29, 2004, the Judge Advocate General (TJAG) of the Coast Guard
recommended that the Board deny the applicant’s request. TJAG noted that the four-
year extension contract was signed at the “request of individual” and that the applicant
is bound by his acceptance of the contract, he was of majority age, and was responsible
for his actions. TJAG also noted that there was no allegation of fraud or duress, and
there is no evidence in the record that he was misinformed about his four-year
extension contract and the effect it would have on his SRB if he attempted to reenlist at
a later date.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On July 1, 2004, the Chair sent a copy of the views of the Coast Guard to the
applicant and invited him to respond within thirty days. The applicant responded on
August 8, 2004, and requested a thirty-day extension in which to respond to the Coast
Guard’s advisory opinion. The Chair granted the applicant’s request on August 3, 2004,
but the applicant telephoned the BCMR on August 23, 2004, and indicated that he
would not be submitting a response to the Coast Guard’s advisory opinion.
APPLICABLE REGULATIONS
Coast Guard Personnel Manual
Article 1.G.19.2.b. of the Personnel Manual provides that extension contracts for
terms of two years or less may be canceled prior to their operative dates to allow the
member to sign a new, longer extension or reenlistment contract to receive an SRB.
Article 1.G.15.e. states that the term of enlistment for first term personnel may
only be extended for the minimum period required to attend school, to participate in
the Coast Guard Tuition Assistance Program, or for duty INCONUS or OUTCONUS.3
Commanding officers are authorized to extend these members in order to meet the
minimum service required.
Pertinent ALCOASTs
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, ET2s were
eligible for a Zone A SRB calculated with a multiple of three.
ALCOAST 306/04 was issued by the Commandant on June 21, 2004, and went
into effect on August 1, 2004. It remains in effect. Under ALCOAST 306/04, ET2s are
eligible for a Zone A SRB calculated with a multiple of two.
FINDINGS AND CONCLUSIONS
1.
2.
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
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.
On March 19, 2004, the applicant signed a four-year extension contract
and was counseled that he would receive a Zone A SRB. However, the applicant was
not eligible to extend his enlistment on March 19, 2004. Article 3.C.5.5. of the Personnel
Manual states “under no circumstances will an individual be permitted to extend their
enlistment more than three months early for SRB purposes alone.” The personnel
manual furthers states “a member who must extend for some other reason (i.e., transfer,
training, advancement, or tuition assistance) may extend for a period greater than the
minimum required for the purpose of gaining entitlement to an SRB.” The applicant
enlisted in the Coast Guard on August 29, 2000, and his enlistment expired on August
28, 2004. Absent any of the qualifying reasons under Article 3.C.5.5., the applicant did
not become eligible to extend or reenlist until after May 28, 2004. In this case, there is
no evidence in the record that indicates that the purpose of the applicant’s extension
was for any of the qualifying reasons listed in Article 3.C.5.5. In fact, on the March 2004
extension contract, Block 9 indicates that his reason for extending was “request of
individual.” In accordance with Article 3.C.5.5., extending more than three months
early at the request of the individual is not a qualifying purpose.
3.
The Board finds that if the applicant had been properly counseled, he
would have been told that he was not eligible to extend or reenlist on March 19, 2004.
He should have been advised that he had to wait until after May 28, 2004, to sign a new
contract. Moreover, he would have been advised that previously obligated service
diminishes an SRB, and so waiting to sign a contract would be advantageous. When
3 INCONUS: Inside the Continental United States. OUTCONUS: Outside the Continental United States.
ALCOAST 306/04 was issued on June 21, 2004, he would have known that the multiple
for his rating was falling from three to two on August 1, 2004, and that it would
therefore behoove him to reenlist on July 31, 2004. By waiting until July 31, 2004, to
extend or reenlist, the applicant would have less previously obligated service and
would still receive an SRB calculated with a multiple of three.
Furthermore, the Board notes that Article 1.G.15.e. of the Coast Guard
Personnel Manual clearly states “personnel in their first term with the Coast Guard may
only extend their original enlistment to attend training, to participate in the Coast
Guard Tuition Assistance Program, or for duty INCONUS or OUTCONUS.” There is
no evidence in the record that the applicant extended for any of these purposes. On his
March 2004 extension contract, the applicant stated that the reason for the extension
was “request of individual”. The applicant enlisted in the Coast Guard on August 29,
2000, and his first term expired on August 28, 2004. In accordance with the Article
1.G.15.e., he was not eligible to extend his enlistment prior to May 28, 2004, for any
reasons other than those noted above, because he was in his first term with the Coast
Guard.
findings above.
Accordingly, relief should be granted in part in accordance with the
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
4.
5.
ORDER
The application of XXXXXXXXXXXXXXXXXXXXXXXXXXXX, USCG,
for
correction of his military record is granted in part as follows:
The March 19, 2004, extension contract shall be null and void. A six-year
reenlistment contract dated July 31, 2004, shall be placed in his record. The Coast
Guard shall pay the applicant any amount due under ALCOAST 182/03 as a result of
this correction.
Jordan S. Fried
Suzanne L. Wilson
Richard Walter
This final decision, dated September 11, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that the selective reenlistment bonus (SRB)1 he received for extending his enlistment in order to transfer from the CGC ADAK, which was stationed in Bahrain, to the CGC RUSH is tax exempt. Coast Guard Personnel Manual, Article 3.C. of the Personnel Manual, members may not sign a reenlistment or extension...
Coast Guard members who have less than 6 of active duty service are in “Zone A.” Article 3.C., Coast Guard Personnel Manual. 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. ...
of the Personnel Manual provides that extension contracts for terms of two years or less may be canceled prior to their operative dates to allow the member to sign a new, longer extension or reenlistment contract to receive an SRB. of the Personnel Manual, the applicant could have canceled his May 6, 2003, three-year extension contract by signing a six-year reenlistment contract on July 18, 2004, to obtain a Zone A SRB under ALCOAST 182/03. Canceling the extension contract will reduce the...
This final decision, dated April 15, 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 B selective reenlistment bonus (SRB)1 with a multiple of 2.5 instead of the 2.0 multiple he actually received. Coast Guard members who have at least 6 but no more than 10 years of active duty service are in “Zone B.” Article 3.C., Coast Guard Personnel Manual. This provision...
This final decision, dated November 12, 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 selective reenlistment bonus (SRB) calculated with a multiple of 3.5, instead of the multiple of 2.5 that he received for signing a six-year reenlistment contract on March 21, 2004. When he executed the extension contract, the applicant was counseled that he was eligible to receive a Zone B SRB with...
Coast Guard members who have at least 6 but no more than 10 years of active duty service are in “Zone B.” Article 3.C., Coast Guard Personnel Manual. If the applicant had been properly counseled, it would be reasonable to assume that he would have extended for one (01) year to meet the obligated service requirement to accept his orders and prior to the effective date of the extension [July 11, 2003] he would have reenlisted for the Zone B SRB multiple of [2.5] that he was promised. The...
of the Coast Guard Personnel Manual states that to receive a Zone A SRB, the member cannot have previously received a Zone A SRB. The counseling was erroneous because the applicant received a Zone A SRB for his September 22, 2001, reenlistment, and pursuant to Article 3.C.4.a.6. Therefore, the Board finds that if the applicant had received proper SRB counseling in accordance with Article 3.C.3., he would have (a) extended his enlistment for 23 months instead of reenlisting in July 2003 and...
The applicant’s reenlistment contract further indicates the applicant was “obligating 48 new months for SRB purposes.” There is also a Career Intentions Worksheet in the record dated January 13, 2004, which contains a handwritten notation from the person administering the oath for the applicant’s reenlistment, which states “cancel extension that is to begin 07 Feb 04, reenlisting for SRB purposes.” The record also contains a memorandum dated June 17, 2004, submitted by a yeoman first class...
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