DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 
Application for the Correction of 
the Coast Guard Record of: 

 
BCMR Docket No. 2004-172 

 
 

 

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 25, 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  June  30,  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  six-year 
reenlistment  contract  with  an  eight-month  extension  contract  and  a  six-year 
reenlistment contract that would take effect at the end of the eight-month extension, to 
receive  a  Zone  B  Selective  Reenlistment  Bonus  (SRB).1    The  applicant  alleged  that  he 
was miscounseled about his eligibility for the SRB when he reenlisted for six years on 
October 22, 2003. 
 

SUMMARY OF THE RECORD 

 

The applicant enlisted in the Coast Guard for four years on August 4, 1998, with 
an  expiration  of  enlistment  (EOE)  of  August  3,  2002.    On  December  20,  2000,  he 
reenlisted  for  three  years  for  obligated  service  purposes  and  received  a  Zone  A  SRB.    
On  October  22,  2003,  he  reenlisted  for  six  years  after  being  counseled  that  he  would 
receive  a  Zone  B  SRB  for  reenlisting.    The  applicant’s  six-year  anniversary  date  was 
August 4, 2004.  Thus when he reenlisted on October 22, 2003, he did not have six years 
of active service, and was still in Zone A. 
                                                 
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.  
 

 
 

VIEWS OF THE COAST GUARD 

 

On  November  4,  2004,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 
recommended that the Board grant the applicant’s request.  He stated that the applicant 
was miscounseled when he was told that he would receive a Zone B SRB for reenlisting 
on October 22, 2003.  The JAG stated that the applicant was not entitled to a Zone B SRB 
because he had less than six years of service on the date of reenlistment, and members 
must have completed at least six years of active service to be eligible for a Zone B SRB.  
The JAG stated that if the applicant had been properly counseled, he likely would have 
signed an eight-month extension contract followed by a six-year reenlistment contract 
to qualify for a Zone B SRB.  Accordingly, the JAG recommended that the applicant’s 
record  be  corrected  to  show  that  he  extended  his  enlistment  for  eight  months  on 
December 20, 2003, and reenlisted for six years on August 20, 2004. 
 

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.  The applicant responded on 
December 29, 2004, stating that he agreed with the Coast Guard’s recommendation. 

SUPPLEMENTAL ADVISORY OPINION 

 
 
In  the  initial  review  of  the  record,  the  BCMR  staff  noted  that  the  relief 
recommended  by  the  JAG  in  his  advisory  opinion  dated  November  4,  2004,  was 
inconsistent  with  previous  Coast  Guard  policy  and  BCMR  decisions.  The  JAG 
recommended that the applicant be allowed to extend his enlistment for eight months.  
However, under Article 1.G.15.a.1. of the Coast Guard Personnel Manual, the minimum 
term of a voluntary extension at the request of a member is two years.  On April 5, 2005, 
the JAG issued a supplemental advisory opinion in this case, in which he withdrew his 
previous  recommendation,  noting  that  the  “recommendation  was  contrary  to  long 
standing  Coast  Guard  policy  to  only  return  applicants  to  the  status  quo  ante,  not  to 
improve  applicants’  positions  with  respect  to  enlistment/extension  timing  and 
entitlement to … SRBs.”  
 
 
of the following forms of relief: 
 

The JAG recommended that the Board allow the applicant to choose between one 

Void  the  October  23,  2003,  reenlistment  and  be  immediately  discharged 
with  the  intervening  period  between  his  previous  EOE  and  the  date  of 
discharge being characterized as a BCMR ordered extension; or 

 

(a) 

 
(b) 

 

Void  the  October  23,  2003,  reenlistment  and  replace  it  with  a  two-year 
extension, so that the applicant would be allowed to reenlist at any point 
from his six-year anniversary date of August 4, 2004, to receive whatever 
Zone B SRB is available.   

On April 6, 2005, the Chair sent a copy of the supplemental advisory opinion of 
the  Coast  Guard  to  the  applicant  and  invited  him  to  respond.    A  response  was  not 
received. 

 

 

APPLICABLE LAW 

Article  1.G.15.a.1.  of  the  Coast  Guard  Personnel  Manual  provides  that  the 

minimum term of a voluntary extension at the request of a member is two years. 

 
Article 3.C.11.2. of the 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  an  SRB  by 
reenlisting on their 6th and 10th anniversaries. 
 

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.5.5. of the Personnel Manual states that under no circumstances will 
an individual be permitted to extend their enlistment more than three months early for 
SRB purposes alone.  Article 12.B.7.b. states that commanding officers are authorized to 
separate members three or fewer months before the normal separation date.  

 
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  306/04  was  issued  by  the  Commandant  on  June  21,  2004,  and  was 
effective August 1, 2004.  Under ALCOAST 306/04, BM2s are 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. 

Under Article 3.C. of the Personnel Manual, the applicant was entitled to 
proper counseling concerning his eligibility for a Zone B SRB when he signed a six-year 
reenlistment  contract  on  October  22,  2003.    The  applicant’s  record  contains  an 
Administrative Remarks form (Page 7) that indicates he was told that he would receive 
a  Zone  B  SRB  for  reenlisting  on  October  22,  2003.    This  counseling  was  erroneous 
because  under  Article  3.C.4.b.3.,  members  must  have  completed  at  least  six  but  not 
more than ten years active service on the date of reenlistment to receive a Zone B SRB.  
The applicant’s six-year anniversary date was August 4, 2004, and thus he did not have 

 

 
1. 

 
2. 

six years of active service when he reenlisted on October 22, 2003, and he was ineligible 
to receive an SRB. 

The  record  indicates  that  the  applicant  was  promised  a  Zone  B  SRB  for 
reenlisting  on  October  22,  2003,  and  as  noted  in  Finding  No.  2,  this  counseling  was 
erroneous.  Therefore, the Board finds that the October 22, 2003, reenlistment contract 
should be removed from his record as null and void because the applicant has objected 
to the contract since he was erroneously promised an SRB.  

The  Board  notes  that  if  the  applicant  had  been  properly  counseled  in 
October  2003,  he  would have had the following options in lieu of reenlisting with no 
SRB: 

continue  serving  in  the  Coast  Guard  until  his  enlistment  expired  on 
December 19, 2003, and be discharged; or 

 
3. 

 
4. 

 
(a) 

 
 (b) 

extend his enlistment for the minimum allowable, two years, to cover his 
service from December 20, 2003, through December 19, 2005, and reenlist 
either on his 6th anniversary, August 4, 2004, for a Zone B SRB, or within 
90 days of the expiration of the extension in December 2005. 

 
The  Board  finds  that  the  applicant  should  be  permitted  to  choose  from  these 
options.  If the applicant chooses to extend his enlistment for two years and reenlist on 
his  6th  anniversary,  he  would  be  eligible  to  receive  a  Zone  B  SRB  calculated  with  a 
multiple  of  2.    Pursuant  to  Article  3.C.5.1.  of  the  Personnel  Manual,  any  previously 
obligated service would be deducted from his SRB computation. 
 

Accordingly,  relief  should  be  granted  in  accordance  with  the  findings 

  
5. 
above.  
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

ORDER 

The  application  of  __________,  USCG,  for  correction  of  his  military  record  is 

granted, as follows:   

 
The  six-year  reenlistment  contract  he  signed  on  October  22,  2003,  shall  be  null 
and  void.    He  shall  receive  proper  SRB  counseling  concerning  his  options  under  this 
order.  He shall be given the option of being expeditiously discharged from the Coast 
Guard.  If he elects this option, an extension contract shall be created to cover his service 
from December 20, 2003, to the date of discharge.   

 
In the alternative, he may choose to have a two-year extension contract placed in 
his record to cover his service from December 20, 2003, through December 19, 2005.  If 
he elects this option, he may also at his discretion be reenlisted for six years on his 6th 
anniversary,  August  4,  2004,  for  a  Zone  B  SRB  under  ALCOAST  306/04.    The  Coast 
Guard shall pay him any amount due as a result of these corrections.   

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 Bruce D. Burkley 

 

 

 
 Raghav Kotval 

 

 

 
 Kevin M. Walker