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CG | BCMR | SRBs | 2004-147
Original file (2004-147.pdf) Auto-classification: Denied
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 
xxxxxxxxxxxxxx 
 

 

 

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 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 

 



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