DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
XXXXXXXXXXXXXX.
Xxxxxxxxxxx xxxxxx
BCMR Docket No. 2004-152
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 13, 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 March 17, 2005, 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 is entitled to
a 10th anniversary selective reenlistment bonus (SRB).1 He alleged that he was never
counseled about his eligibility for the SRB and that if he had been properly counseled,
he would have reenlisted on his 10-year service mark to receive a 10th anniversary SRB.
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard for 4 years on October 18, 1993, with
an expiration of enlistment (EOE) of October 17, 1997. On October 1, 1997, he reenlisted
for 3 years as a Gunner’s Mate, third class (GM3) with an EOE of September 30, 2000.
On March 25, 1999, the applicant extended his enlistment for 8 months for obligated
service purposes, with an EOE of May 31, 2001. On May 1, 2001, he reenlisted for
another 3 years, with an EOE of April 30, 2004, and received a Zone B SRB with a
multiple of 2. On April 13, 2004, the applicant reenlisted indefinitely.
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, 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.
1.
VIEWS OF THE COAST GUARD
On September 14, 2004, the Judge Advocate General (JAG) of the Coast Guard
recommended that the Board deny the applicant’s request. The JAG stated that
although there is no evidence that the Coast Guard conducted the 10th anniversary
counseling required by Article 3.C.11.2., the applicant is nonetheless ineligible for a
Zone B SRB on his10th anniversary, because he already received a Zone B SRB for his
May 1, 2001, reenlistment and he cannot receive a second Zone B SRB.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On September 14, 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
Article 3.C.11.2. of the Coast Guard Personnel Manual provides that a CG-3307
(page 7) entry shall be made for personnel within 3 months prior to their 6th and 10th
active duty anniversary dates to document counseling concerning their eligibility for a
SRB by reenlisting on their anniversary.
Article 3.C.4.b. states that to receive a Zone B SRB, the member must not have
previously received a Zone B SRB.
ALCOAST 127/01 was in effect from May 1, 2001, through January 31, 2002.
Under ALCOAST 127/01, members who were GM2s were eligible for a Zone B SRB
calculated with a multiple of 2.
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
applicable law:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
§ 1552. The application was timely filed.
2.
Under Article 3.C.11.2. of the Personnel Manual, the applicant was
entitled to proper counseling concerning his eligibility for a 10th anniversary SRB when
he reached his 10-year service mark on October 18, 2003.
3.
There is no evidence in the applicant’s record that he was counseled
regarding his eligibility for a 10th anniversary SRB, nor is there a page 7 documenting
such counseling as required by Article 3.C.11.2. Moreover, the JAG admitted that the
Coast Guard failed to counsel the applicant regarding his 10th anniversary SRB.
Accordingly, the applicant has proven by a preponderance of the evidence that he was
not counseled regarding his eligibility for a 10th anniversary SRB. The Board notes,
however, that the applicant received a Zone B SRB for his May 1, 2001, reenlistment
pursuant to ALCOAST 127/01. In accordance with Article 3.C.4.b., the applicant was
not eligible for a second Zone B SRB on his 10th anniversary because members may only
receive one Zone B SRB during their career. Therefore, the Coast Guard’s failure to
counsel the applicant on his 10th anniversary was harmless.
Accordingly, relief should be denied.
4.
The application of XXXXXXXXXX xxxxxxxxxx, USCG, for correction of his
ORDER
Quang D. Nguyen
Kathryn Sinniger
Molly McConville Weber
military record is denied.
This final decision, dated September 28, 2006, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a boatswain’s mate first class (BM1), asked the Board to correct his record to show that he reenlisted on February 14, 2001, for a 6th anniversary1 selective reenlistment bonus (SRB).2 In addition, the applicant asked the Board to correct his 1 On a member’s 6th and 10th active duty anniversary, the member is eligible to reenlist for either a Zone A or a Zone B SRB if...
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: XXXXXXXXXXXXXXXXX. This final decision, dated April 21, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record by replacing his October 1, 2002, six-year extension contract with a reenlistment contract to receive a selective reenlistment bonus (SRB)1 in accordance with ALCOAST...
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. On April 5, 2005, the JAG issued a supplemental advisory opinion in this case, in which he withdrew...
3 To be eligible for a Zone B SRB, a member must have completed “at least 6 years but not more than 10 years of active service on the date of reenlistment or operative date of the extension.” Coast Guard Personnel Manual, Article 3.C.4.b.3. He stated that upon receiving transfer orders to the Coast Guard Integrated Support Command (ISC) and the Coast Guard Cutter Healy in Seattle, he was counseled by a Coast Guard yeoman1 that he was eligible to reenlist or extend for up to six years for a...
He alleged that pursuant to Coast Guard regulations, his command should have counseled him that he could receive a Zone B SRB under ALCOAST 127/01 by reenlisting during the three months prior to January 22, 20xx, his sixth active duty anniversary. The CWO wrote that if the applicant had been aware that he could have reenlisted three months prior to his six-year anniversary, “he would receive an SRB payment, regardless of his selection to [xxxxxx xxxxxx].” The applicant also submitted a...
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...
The Coast Guard erred when it counseled the applicant that he was eligible to receive a Zone B SRB for signing a six-year reenlistment contract on January 31, 2002. of the Personnel Manual, which show that a member’s SRB equals his monthly basic pay, multiplied by the SRB multiple authorized under the ALCOAST in effect, multiplied the number of months of service newly obligated under the contract, and divided by 12, if the appli- cant had reenlisted for four years on this 6th anniversary...
of the Coast Guard Training and Education Manual, before reporting to “A” school on January 22, 2000, she needed to obligate sufficient service — 19 more months — to complete the 14 weeks of school and have 26 months remaining on her enlistment upon completion of the school.3 Therefore, the applicant is entitled to have the term of her January 20, 2000, extension contract corrected to 19 months. The Board finds that if the applicant had been properly counseled regarding her SRB eligibility,...
This final decision, dated May 29, 2008, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, a first class gunner’s mate (GM1/E-6), asked the Board to correct his record to show that he reenlisted for six years on both his sixth and tenth active duty anniversa- ries to receive Zone A and Zone B selective reenlistment bonuses (SRBs).1 The applicant alleged that on November 16, 2006, he learned from his unit’s yeoman that he had been eligible to receive...
He also alleged that during this time, he was away from his servicing personnel reporting unit (PERSRU) and did not receive counseling about his eligibility to reenlist for an SRB on September 17, 2001, his tenth anniversary on active duty. The applicant alleged that, had he been counseled, he would have reenlisted for six years in order to obtain a Zone B SRB under ALCOAST 198/01. [ORDER AND SIGNATURES APPEAR ON NEXT PAGE] ORDER The six-month extension agreement, dated April 25, 2001 but...