DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2004-173 
 
Xxxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxx 

 

 
 

FINAL DECISION 

 
AUTHOR:  Andrews, J. 
 
 
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 completed application. 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  May  5,  2005,  is  signed  by  the  three  duly  appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant asked the Board to correct his military record to make him entitled 
to  a  selective  reenlistment  bonus  (SRB)  when  he  reenlisted  in  the  Coast  Guard  on 
October 6, 2003.  He had previously served on active duty from June 15, 1999, through 
June 14, 2003, when he was honorably released from active duty due to the completion 
of his required active service with an RE-1 reenlistment code (eligible to reenlist).   
 

The applicant alleged that in late June 2003, he realized that he wanted to rejoin 
and contacted a recruiter in Hampton Roads, Virginia.  During the next few weeks, he 
had  many  conversations  with  the  recruiter,  and  “[o]ne  of  the  sticking  points  was  the 
conversation  about  an  enlistment  bonus.”    The  recruiter  told  him  that  he  would  be 
entitled to one if he reenlisted within three months of his discharge.   

 
The applicant alleged that in late July 2003 he gathered all of the information the 
recruiter had asked for and submitted it.  The recruiter told him that he would process 
the application and “get back” to him.  However, by the second week of September, the 
applicant  had  heard  nothing,  and  he  contacted  the  recruiter,  who  told  him  that  an 
“alcohol  incident”  dated  December  2000  had  been  found  in  the  applicant’s  medical 
record, and the recruiter needed more information from him in order to get a waiver to 

reenlist him.  Therefore, the applicant wrote up a statement about the alcohol incident 
and  submitted  it.    However,  the  three-month  deadline  for  being  eligible  for  an  SRB 
upon reenlisting had passed so he was ineligible.  The applicant alleged that the proc-
essing  of  his  waiver  and  reenlistment  was  further  delayed  when  Hurricane  Isabel  hit 
the  region  and  delayed  communications.1    On  September  26,  2003,  he  learned  that 
although he had received the waiver, he would not be eligible for the SRB.  He signed 
his  reenlistment  contract  on  October  6,  2003.    The  contract  shows  that  he  was  not 
promised an SRB for his reenlistment. 
 
 
In  support  of  his  request,  the  applicant  submitted  a  copy  of  a  letter  dated 
September 23, 2003, from the Chief of Enlisted Recruiting to the Recruiter in Charge of 
the  recruiting  station  he  visited.   The letter states that the Senior Medical Officer had 
granted  a  waiver  to  allow  the  applicant  to  reenlist  within  thirty  days.    The  applicant 
also submitted a copy of his travel orders, which show that on September 25, 2003, he 
was issued orders to report to a particular cutter by October 31, 2003.   

VIEWS OF THE COAST GUARD 

 

On  November  8,  2004,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 

 
 
recommended that the Board deny the applicant’s request. 
 
 
The JAG stated that under Article 3.C.4.a.1. of the Personnel Manual, members 
are only eligible for SRBs if they reenlist within ninety days of separation.  Because the 
applicant did not reenlist within ninety days, he was not eligible for an SRB.  The JAG 
noted that the applicant was advised of the fact that he was ineligible for an SRB and 
“voluntarily  chose  to  reenlist  anyway.”    The  JAG  stated  that  the  applicant  seems  to 
argue that because he applied to reenlist within ninety days of his separation, he should 
be entitled to an SRB, but that is not an accurate statement of the regulation.  Moreover, 
the JAG argued the “length of the delay in enlisting Applicant and the reasons for that 
delay,  although  arguably  attributable  to  Applicant’s  own  prior  service  conduct,  are 
irrelevant.  The only dates that matter are the dates of separation and reenlistment.”  

 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

On November 8, 2004, the Chair sent the applicant a copy of the JAG’s advisory 

 
 
opinion and invited him to respond within thirty days.  No response was received. 
 

APPLICABLE REGULATIONS 

 

Article  1.G.8.a.  of  the  Personnel  Manual  states  that  to  maintain  a  “continuous 
service status,” members must reenlist within three months of their date of discharge.  
Article  1.G.8.a.1.  provides  that  “[t]o  receive  a  selective  reenlistment  bonus  (SRB),  a 

                                                 
1  Hurricane Isabel made landfall in North Carolina on September 18, 2003. 

member must reenlist within three months from date of discharge and meet the eligibil-
ity requirements … .” 
 
Article 3.C.4.a.1. provides that, one of the criteria for SRB eligibility is that mem-
 
bers must “[r]eenlist not later than 3 months after discharge or release from active duty 
in a rating authorized an SRB multiple.” 
 
 
a Zone A SRB for members in the OS rating. 
 

From July 1, 2003, to July 31, 2004, ALCOAST 182/03 was in effect.  It authorized 

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. 

The  applicant  alleged  that  although  he  applied  to  reenlist  within  three 
months,  the  Coast  Guard  delayed  his  reenlistment  until he was no longer eligible for 
the  SRB.    Under  Articles  1.G.8.a.1.  and  3.C.4.a.1.  of  the  Personnel  Manual,  members 
must reenlist (not just apply to reenlist) within three months of discharge or release to 
be eligible for any authorized SRB.  The applicant has admitted that he was advised of 
the requirement to reenlist within three months of his release on June 14, 2003.  He did 
not reenlist by September 14, 2003, and so was not entitled to an SRB when he reenlisted 
on  October  6,  2003.    The  record  indicates  that  on  October  6,  2003,  the  applicant 
voluntarily reenlisted even though he knew that he was not entitled to an SRB. 
 
 
The applicant alleged that his reenlistment was delayed by the need for a 
medical waiver because of his prior alcohol incident and by the communications disrup-
tions  caused  by  Hurricane  Isabel.    Hurricane  Isabel  first  made  landfall  in  North 
Carolina  on  September  18,  2003,  and  so  any  communications  disruption  she  caused 
could not have prohibited the applicant from being reenlisted by September 14, 2003. 
 
 
The  applicant  has  submitted  evidence  that  because  of  a  prior  alcohol 
incident, his recruiter had to seek a medical waiver to reenlist him and that the waiver 
was not received until September 23, 2003.  However, absent evidence to the contrary, 
Coast  Guard  members,  including  the  recruiter,  are  presumed  to  have  acted  correctly, 
lawfully,  and  in  good  faith  in  executing  their  duties.    Arens  v.  United  States,  969  F.2d 
1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 1979).  The 
applicant  has  not  submitted  anything  to  prove  that  his  recruiter  or  the  Coast  Guard 
unreasonably or maliciously delayed processing his reenlistment paperwork. 
 

4. 

5. 

Furthermore, the applicant has not proved that from late June 2003, when 
he allegedly decided to reenlist, he did everything he could to ensure reenlistment with-
in three months.  By his own admission, he waited until late July to submit the paper-
work.  Assuming arguendo that he submitted paperwork to reenlist in late July 2003, as 
he  alleged,  the  Board  knows  of  no  law  that  required  the  Coast  Guard  to  process  his 
application and reenlist him within six or seven weeks, especially when a waiver was 
required due to his prior alcohol incident. The Board agrees with the JAG that the mere 
fact that the applicant applied to reenlist within three months of his release from active 
duty did not entitle him to an SRB and does not prove that his failure to receive an SRB 
constitutes an error or injustice. 
 
 

Accordingly, the applicant’s request should be denied. 

6. 

 
 

 

ORDER 

The  application  of  xxxxxxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his 

 
 

 
 

 
 

 
 

military record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

        

 
 Quang D. Nguyen 

 

 

 
 Dorothy J. Ulmer 

 

 

 
 
 Eric J. Young