DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 

XXXXXXXXXXXXXXXXX. 
xxxxxxxxxxxxxxxxx 
 

 
BCMR Docket No. 2004-168 

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 August 11, 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 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 329/02.  The applicant alleged 
that  he  was  miscounseled  about  his  eligibility  for  the  SRB,  and  that  if  he  had  been 
properly counseled, he would have reenlisted for six years on October 1, 2002, in lieu of 
extending, to receive a 10th anniversary SRB.  
  

SUMMARY OF THE RECORD 

 

The applicant enlisted in the Coast Guard for four years on October 5, 1992, with 
an expiration of enlistment (EOE) of October 4, 1996.  On March 4, 1994, he extended his 
enlistment  for  seven  months  for  obligated  service  purposes.    On  July  15,  1996,  he 
extended for another two years and five months, through October 4, 1999.  On May 1, 
1998, the applicant reenlisted for six years with an EOE of April 30, 2004, and received a 
Zone  A  SRB.    On  October  1,  2002,  he  signed  a  six-year  extension  contract,  and  was 
                                                 
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. 
and 3.C.4.a.  
 

counseled  that  he  would  receive  a  Zone  B  SRB  computed  with  72  months  of  newly 
obligated service.  The operative date of the extension was May 1, 2004.  The applicant’s 
10th anniversary date was October 5, 2002.  

 
The record contains statements from two yeoman who apparently had personal 
knowledge of the alleged miscounseling.  Both statements assert that the applicant was 
miscounseled that he could sign an extension contract prior to his 10th anniversary to 
“lock-in” the SRB, which he would receive when the extension became effective.  Both 
yeoman asserted that this counseling was incorrect.    

VIEWS OF THE COAST GUARD 

 

 

 

On  October  26,  2004,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 
submitted  an  advisory  opinion  recommending  that  the  Board  grant  the  applicant’s 
request.    The  JAG  stated  that  the  applicant  had  been  improperly  counseled  that  he 
would receive a Zone B SRB calculated with 72 months of newly obligated service.  The 
JAG  recommended  that  the  Board  replace  the  October  1,  2002,  six-year  extension 
contract with a six-year reenlistment contract, thus qualifying the applicant for a Zone B 
SRB computed with 53 months of newly obligated service.2   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 

On November 4, 2004, the Chair sent a copy of the views of the Coast Guard to 
the applicant and invited him to respond within 30 days.  A response was not 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 three 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.5.1.  of  the  Personnel  Manual  states  that  when  a  member  reenlists 
before  finishing  his  previous  contract  term,  “[a]ll  periods  of  unexecuted  service 
obligation … will be deducted from SRB computation.”   

 
Article 3.C.4.b.3. of the Personnel Manual states that to receive a Zone B SRB, the 
member must have completed at least six but not more than ten years active service on 
the date of reenlistment or the operative date of the extension.  
 
 
ALCOAST 329/02 was issued by the Commandant on July 3, 2002, and was in 
effect from August 5, 2002, through June 30, 2003.  Under ALCOAST 329/02, FS1s were 
eligible for a Zone B SRB calculated with a multiple of 1.  

 

                                                 
2 The JAG noted that the applicant’s SRB for his six-year reenlistment would be calculated with 53 months 
of  newly  obligated  service,  because  on  October  1,  2002,  the  applicant  still  had  19  months  of  remaining 
obligated service (72 months minus 19 months equals 53 months). 
 

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. 

 
1. 

 
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 within 
three months prior to reaching his 10-year service mark of October 5, 2002.  There is no 
page 7 in the record to document this counseling.  However, the applicant’s October 1, 
2002, extension contract does contain a statement informing the applicant that he was 
entitled  to  a  Zone  B  SRB,  calculated  with  72  months  of  newly  obligated  service,  in 
accordance with ALCOAST 329/02. 
 

3. 

The  Board  finds  that  the  applicant  was  erroneously  counseled  when  he 
was told he would receive a Zone B SRB calculated with 72 months of newly obligated 
service for signing a six-year extension contract on October 1, 2002.  The counseling was 
erroneous  because  the  operative  date  of  that  extension  was  May  1,  2004,  which  was 
beyond  his  10th  anniversary  of  October  5,  2002.    Pursuant  to  Article  3.C.4.b.3.  of  the 
Personnel Manual, Zone B SRBs are not authorized for members who have more than 
10 years of active service.  If the applicant had been properly counseled, he would have 
been advised to sign a reenlistment contract instead of an extension contract, because 
this would permit him to receive a Zone B SRB for reenlisting on his 10th anniversary.  
In addition, the applicant should have been counseled that his SRB would be reduced 
by  the  19  months  remaining  on  his  previous  enlistment,  in  accordance  with  Article 
3.C.5.1. of the Personnel Manual. 
 

4. 

Accordingly, relief should be granted.  

 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

ORDER 

The  military  record  of  XXXXXXXXXXXXXXXXXXXX,  USCG,  shall  be  corrected 
to show that he reenlisted for six years on October 1, 2002, to receive a Zone B SRB as 
provided under ALCOAST 329/02.  The six-year extension contract he signed on that 
date shall be null and void.  The Coast Guard shall pay him the amount due as a result 
of this correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Thomas H. Van Horn 

 
 
 Adrian Sevier 

 
 

        

 
 
 Nancy L. Friedman