DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2004-147
XXXXXXXXXXXXXXXX
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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 July 2, 2004, upon the
BCMR’s receipt of the applicant’s completed application.
appointed members who were designated to serve as the Board in this case.
This final decision, dated February 10, 2005, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his record by voiding his 4-year
reenlistment contract dated May 11, 2000, and replacing it with a 4-year reenlistment
contract dated February 8, 2000, to receive a 6th active duty anniversary1 Zone A
selective reenlistment bonus (SRB).2 The applicant alleged that he was never counseled
that he could reenlist on his 6th anniversary of active service with the Coast Guard to
receive a 6th anniversary SRB. The applicant further alleged that because he missed his
1 The anniversary date is the date that exactly corresponds to the date the member came on active duty.
This applicant came on active duty on February 8, 1994, and his 6th anniversary date was February 8,
2000. Personnel Manual, Article 3.C.2.
2 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, 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”, while those who have more than 6 but less than 10 years of active duty service
are in “Zone B”. Members may not receive more than one SRB per zone. Personnel Manual, Article
3.C.4.a. and 3.C.4.b.
opportunity to reenlist for a Zone A SRB, he received a Zone B SRB for reenlisting on
May 11, 2000, which prevented him from receiving another Zone B SRB for his January
30, 2004, reenlistment. The applicant alleged that if he had been properly counseled, he
would have reenlisted on February 8, 2000 (his 6th anniversary), for a Zone A SRB, and
then reenlisted on January 30, 2004, for a Zone B SRB.
SUMMARY OF THE RECORD
On February 8, 1994, the applicant enlisted in the Coast Guard for a term of 4
years, through February 7, 1998. On May 31, 1996, the applicant signed a 9-month
extension contract for school/training purposes. The extension obligated him to serve
through November 7, 1998. The applicant extended his enlistment again on November
7, 1998, for 2 years, through November 7, 2000. The applicant was promoted to E5 in
October 1999.
The applicant’s 6th anniversary date in the Coast Guard was February 8, 2000, but
there is nothing in the record indicating that he was counseled regarding his
entitlement to a 6th anniversary SRB. The record contains a memorandum from a chief
yeoman at the applicant’s current duty station, in which he alleged that the applicant
was not properly counseled regarding his eligibility for a 6th anniversary SRB.
The applicant reenlisted for another 4 years on May 11, 2000, for obligated
service purposes, and received a Zone B SRB pursuant to ALCOAST 184/99. On
January 30, 2004, the applicant reenlisted for another 6 years and was counseled that he
would receive a 10th anniversary Zone B SRB pursuant to ALCOAST 182/03. The
record contains an administrative remarks (page 7) signed by the applicant
acknowledging that he was counseled regarding a 10th anniversary SRB.
VIEWS OF THE COAST GUARD
On October 19, 2004, the Judge Advocate General (TJAG) of the Coast Guard
recommended that the Board grant the applicant’s request. He opined that if the
applicant had been properly counseled, he would have reenlisted on his 6th anniversary
of February 8, 2000, to receive a Zone A SRB. TJAG also stated that by giving the
applicant his 6th anniversary SRB, he would also be eligible for a Zone B SRB for his
January 30, 2004, reenlistment.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On November 4, 2004, the BCMR sent the applicant a copy of TJAG’s advisory
opinion and invited him to respond within 15 days. He responded on November 10,
2004, and did not object to TJAG’s findings.
APPLICABLE REGULATIONS
Article 3.C.11.2. of the Personnel Manual provides that a CG-3307 (page 7) entry
shall be made for personnel within 3 months prior to their 6th and 10th year active duty
anniversary date to document counseling concerning their eligibility for a SRB by
reenlisting on their anniversary.
Article 3.C.3. provides that “all personnel with 10 years or less of active service
who reenlist or extend for any period, shall be counseled on the SRB program. They
shall sign an Administrative Remarks, CG-3307 (Page 7), … outlining the effect that
particular action has on their SRB entitlement.”
ALCOAST 184/99 was in effect from January 1, 2000, through June 30, 2000.
Under ALCOAST 184/99, members who were DC2s were eligible for a Zone A SRB
calculated with a multiple of 0.5.
ALCOAST 182/03 was in effect from July 1, 2003, through July 31, 2004. Under
ALCOAST 182/03, members who were DC2s were eligible for a Zone B SRB calculated
with a multiple of 1.
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:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
§ 1552. The application was timely.
1.
2.
3.
Under Article 3.C.11.2. of the Personnel Manual, the applicant was
entitled to proper counseling concerning his eligibility for a 6th anniversary SRB within
3 months prior to his 6th anniversary date of February 8, 2000. There is nothing in the
record which indicates the applicant was counseled about his eligibility for a 6th
anniversary SRB, and TJAG’s advisory opinion noted that “[t]he record does not
document that the counseling took place and therefore, aids in supporting applicant’s
allegation of error.” In addition, the record contains a letter from a chief yeoman at the
applicant’s current duty station alleging that the applicant was not counseled by his
previous unit regarding his eligibility for a 6th anniversary SRB.
The applicant has proved by a preponderance of the evidence that he was
not counseled regarding his eligibility for a 6th anniversary SRB. When an applicant
proves, as this applicant has, that he did not receive proper counseling, the Board’s
policy is to return the applicant to the position he would have been in had he been
properly counseled. If the applicant had been properly counseled, he would have been
told that, in accordance with Article 3.C.11.2. of the Personnel Manual, he was eligible
4.
to reenlist on February 8, 2000, to receive a 6th anniversary Zone A SRB pursuant to
ALCOAST 184/99. In light of the fact that he was willing to reenlist for 4 years on May
11, 2000, the Board finds that he has shown by a preponderance of the evidence, that if
he had been properly counseled in February 2000, he would have reenlisted for 4 years
on this 6th anniversary.
The applicant also alleged that the Coast Guard’s failure to counsel him
regarding his 6th anniversary SRB had a deleterious effect on his future SRBs. The
Board agrees. Because the Coast Guard did not counsel the applicant that he was
eligible for a 6th anniversary Zone A SRB, the applicant was ineligible for a Zone A SRB
when he reenlisted on May 11, 2000, because he was beyond the 6-year service mark.3
Accordingly, the applicant received a Zone B SRB for his May 11, 2000, reenlistment.
The deleterious effect manifested itself when the applicant reenlisted again in January
2004. On January 30, 2004, the applicant reenlisted for another 6 years, and although he
was counseled that he would receive an SRB, he was not eligible for a 10th anniversary
Zone B SRB because he had already received a Zone B SRB for his May 2000
reenlistment. Pursuant to Article 3.C.4.b., a member cannot receive two Zone B SRBs.
The Board finds that the Coast Guard’s failure to counsel the applicant about his 6th
anniversary SRB deprived him of not only a Zone A SRB, but also of a Zone B SRB for
his January 2004 reenlistment.
Accordingly, the applicant’s request should be granted.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
5.
3 The applicant received a Zone B SRB for his May 11, 2000, reenlistment because on that date he had
more than 6 years of active service, and Zone A SRBs are only available to members with less than 6 years
of service.
The application of XXXXXXXXXXXXXXXXXXXXXXXX, USCG, for correction of
his military record is granted as follows:
ORDER
The record shall be corrected by voiding the applicant’s 4-year reenlistment
contract dated May 11, 2000, and replacing it with a 4-year reenlistment contract dated
February 8, 2000. The Coast Guard shall pay the applicant any amounts due the
applicant under ALCOAST 184/99 as a result of this correction.
Bruce D. Burkley
In addition, the record shall be corrected to show that the applicant is entitled to
a Zone B SRB for his January 30, 2004, 6-year reenlistment. The Coast Guard shall pay
the applicant any amounts due under ALCOAST 182/03.
Darren S. Wall
James G. Parks
The Judge Advocate General of the Coast Guard recommended that the Board grant the applicant’s request because the record supports his allegation that he was not timely counseled. Under ALDIST 184/99, he was eligible to reenlist for 3, 4, 5, or 6 years to receive a Zone A SRB with a multiple of 3. If he had done so, he would not have been eligible to reenlist for 4 years on June 13, 2000, but he would have been eligible to reenlist on his 10th anniversary for a Zone B SRB with a multiple...
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However, under COMDTINST 7220.33, members must have completed at least 6 years of active duty to receive a Zone B SRB. On November 7, 2000, the Chief Counsel of the Coast Guard recommended that the Board correct the applicant’s record to show that he extended his enlistment for 1 month on November 2, 1999, and reenlisted for 6 years on February 1, 2000. If the applicant had been properly counseled, he would have extended his enlistment for 1 month on November 2, 1999, and reenlisted for 6...
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