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CG | BCMR | SRBs | 2004-174
Original file (2004-174.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                     BCMR Docket No. 2004-174 
 
XXXXXXXXXXXXXXXXXX. 
xxxxxxxxxxxxxxxxx 
   

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  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 show that he is 
entitled to a Zone A selective reenlistment bonus (SRB)1 for reenlisting for four years on 
July 1, 2003.  The applicant, who was a reservist serving on extended active duty (EAD)2 
at the time of his entry into the regular Coast Guard, alleged that he is entitled to the 
SRB because he meets the criteria to receive an SRB for his enlistment/reenlistment. 

 

                                                 
1 SRBs vary according to the length of each member’s active duty service, the number of months of serv-
ice  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  six  years  but  no  more  than  10  years  of  active  duty  service  are  in  “Zone  B.” 
COMDTINST 7220.33. 
2 Extended active duty is a program that allows the Coast Guard to fill “gaps” in billets with reservists 
possessing  critical  skill  sets.    The  program  is  designed  to  fill  rating  pyramid  gaps  while  not  affecting 
advancements of active duty enlisted personnel. 

SUMMARY OF THE APPLICANT’S RECORD 

 
 
The applicant served on active duty with the Coast Guard from May 23, 1995, 
through September 22, 1999, and enlisted in the Coast Guard Reserve after he left active 
duty.  On February 1, 2003, the applicant, as a reservist, was recalled to EAD.  In May 
2003, he requested a transfer into the regular Coast Guard.  That request was approved 
by the Coast Guard Personnel Command (CGPC), and on June 9, 2003, CGPC issued 
orders granting the applicant's command authority to enlist the applicant in the regular 
Coast Guard, provided he met the physical standards.  
 

On  July  1,  2003,  the  applicant  was  discharged  from  the  Reserve  and  he 
immediately enlisted/reenlisted3 in the regular Coast Guard for a term of four years, 
through June 30, 2007.  The applicant received an enlisted lateral entry bonus4 pursuant 
to  ALCOAST  132/02.    There  is  no  evidence  in  the  record  that  he  was  counseled 
regarding an entitlement to an SRB for this enlistment/reenlistment.    
 

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  deny  the  applicant’s 
request.  The JAG argued that the applicant is not entitled to relief because he did not 
meet the criteria to receive an SRB for his July 1, 2003, enlistment/reenlistment. 
 

The  JAG  noted  that  the  applicant  requested  to  be  discharged  from  the  Coast 
Guard Reserve and be allowed to enlist in the regular Coast Guard.  His request was 
granted  and  he  was  discharged  from  the  Reserve  and  enlisted  into  the  regular  Coast 
Guard  on  July  1,  2003.    The  JAG  stated  that  Article  1.G.1.a.  of  the  Personnel  Manual 
provides that the enlistment of Coast Guard Reserve personnel who are serving on EAD 
for twelve months or more shall be considered a reenlistment.  The JAG alleged that the 
applicant’s time on EAD was only 4 months and 21 days.  Accordingly, the JAG alleged, 
the  applicant  was  not  eligible  for  an  SRB  because  he  did  not  serve  on  EAD  for  the 
requisite twelve months prior to his reentry into the regular Coast Guard, and thus his 
contract on July 1, 2003, should be characterized as an enlistment, not a reenlistment.   

 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

                                                 
3 CGPC did not specify if the applicant was authorized to “enlist” or “reenlist”.  Whether the applicant’s 
July 1, 2003, enlistment should be characterized as an “enlistment” or a “reenlistment” is the core issue in 
this case. 
4  Under  the  lateral  entry  program,  former  Coast  Guard  members  in  critical  ratings  who  have  been 
separated  in  the  past  three  years  are  offered  the  opportunity  to  reenlist  in  the  Coast  Guard  and  may 
receive a bonus.  ALPERSRU 1/02. 

 
On November 2, 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 Board received a copy of 
the applicant’s response on November 17, 2004.  In his response, the applicant did not 
object to the JAG’s recommendation that relief be denied 
 

APPLICABLE LAW 

Article  1.G.1.a.  of  the  Coast  Guard  Personnel  Manual  provides  that  “the 
enlistment of any person who has previously served in the Regular Coast Guard shall 
be considered a reenlistment.  The enlistment of Coast Guard Reserve personnel who 
are serving on extended active duty and who have served on extended active duty for 
12 months or more shall be considered a reenlistment.” 
 
ALCOAST 132/02 was issued in March 2002, and provides an expansion of the 
 
lateral  entry  of  former  Coast  Guard  members.    It  provides  that  members  separated 
between  January  31,  1999,  and  January  31,  2002,  entering  under  the  Lateral  Entry 
Program,  "may  be  entitled  to  receive  [an  SRB]  provided  they  reenlist  within  90  days 
from  their  active  duty  separation  date.    Other  personnel  may  be  entitled  to  an 
enlistment bonus provided they have not been serving on active duty within the last 91 
days." 
 
 
ALPERSU  1/02  clarifies  the  procedures  for  accessing  former  Coast  Guard 
members under the lateral entry program.  It states that as an enticement to come back 
on active duty, members reentering under the lateral entry program are eligible for: 
 

(a)  A bonus — either an SRB or an enlistment bonus; and  

(b)  Service credit for advancement purposes for reserve active and inactive duty 
served in rate. 

 

 

 

 

ALCOAST 182/03 was issued on April 24, 2003, and was in effect from July 1, 
2003,  through  July  31,  2004.    Pursuant  to  ALCOAST  182/03,  members  with  the 
applicant’s rating and grade were eligible to receive an SRB with a multiple of three for 
reenlisting for at least three full years. 

 
Article  3.C.4.a.  of  the  Personnel  Manual  states  that  to  be  eligible  for  a  Zone  A 

SRB, the member must meet the following criteria: 
 

1. Reenlist not later than three months after discharge or release from active duty 
in a rating authorized an SRB multiple. 

2. Have completed 17 months continuous active duty (including extended active 
duty  as  a  Reservist)  at  any  point  in  their  military  career.  The  17  months 

continuous active duty need not have been completed immediately prior to the 
reenlistment or extension. 

3.  Have  completed  not  more  than  six  years  active  service  on  the  date  of 
reenlistment or the date on which the extension becomes operative. 

4.  Be  serving  in  pay  grade  E-3  or  higher  on  active  duty  in  a  rating  that  is 
designated as eligible for an SRB multiple. 
 
5.  Reenlist  or  extend  enlistment  in  the  Regular  Coast  Guard  for  a  period  of  at 
least three full years.  

6. Have not previously received a Zone A SRB. 

7.  Attain  eligibility  prior  to  the  termination  of  a  multiple  for  that  particular 
rating. 

8. Meet any additional eligibility criteria the Commandant may prescribe. 

 

 

 

 

 

 

1. 

 
2. 

 
3. 

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 appli-
cable law: 
 
 
§ 1552.   The application was timely filed. 

The  Board  has  jurisdiction  concerning  this  matter  pursuant  to  10  U.S.C. 

The  JAG  recommended  that  the  Board  deny  relief  because  pursuant  to 
Article  1.G.1.a.  of  the  Personnel  Manual,  the  applicant  did  not  serve  on  EAD  for  the 
requisite twelve months, and thus his July 1, 2003, contract should be characterized as 
an  enlistment.  However,  the  JAG’s  assessment  ignores  the  first  sentence  of  Article 
1.G.1.a,  which  states,  “the  enlistment  of  any  member  who  previously  served  in  the 
regular  Coast  Guard  shall  be  considered  a  reenlistment.”    The  Board  finds  that  the 
JAG’s reliance on the second sentence of Article 1.G.1a. is erroneous, because the second 
sentence  clearly  applies  to  reservists  who  have  never  before  enlisted  in  the  regular 
Coast  Guard  and  who  are  serving  on  EAD  when  they  decide  to  enlist  in  the  regular 
Coast Guard for the first time.  Such is not the case here. 

The  Board  finds  that  the  applicant’s  July  1,  2003,  contract  should  be 
characterized as a reenlistment.  The first sentence of Article 1.G.1.a. of the Personnel 
Manual provides that “the enlistment of any person who has previously served in the 
Regular Coast Guard shall be considered a reenlistment.”  Given the plain meaning and 

effect  of  the  first  sentence  of  the  article,  the  second  sentence  —  which  states  that  a 
reservist serving on extended active duty for at least 12 months who joins the regular 
Coast Guard shall be considered to have reenlisted — clearly applies only to reservists 
who  have  never  before  served  in  the  regular  Coast  Guard.    The  applicant’s  record 
indicates that he served in the regular Coast Guard from May 23, 1995, to September 22, 
1999.  Thus, the Board finds that when the applicant signed the reenlistment contract on 
July 1, 2003, he had previously served over four years in the regular Coast Guard and 
hence his entry into the regular Coast Guard on July 1, 2003, was a reenlistment. 

5. 

 
4.        Although  the  applicant  was  discharged  from  EAD  in  the  Reserve 
immediately  before  reenlisting  on  July  1,  2003,  rather  than  from  active  duty  in  the 
regular Coast Guard, no provision of the Personnel Manual states or even suggests that 
being discharged from active duty as a reservist does not meet the criterion in Article 
3.C.4.a. of the Personnel Manual. 
 

The  Board  finds  that  because  the  applicant’s  enlistment  into  the  regular 
Coast Guard on July 1, 2003, was a reenlistment, he was eligible for a Zone A SRB in 
accordance  with  ALCOAST  182/03.    The  record  indicates  that  when  the  applicant 
reenlisted on July 1, 2003, he met all of the eligibility criteria for a Zone A SRB under  

Article  3.C.4.a.  of  the  Personnel  Manual  and  ALCOAST  182/03.    In  accordance  with 
Article 3.C.4.a., on July 1, 2003, the applicant 
 

1)  reenlisted  within  three  months  (in  fact,  immediately)  after  having  been 
discharged from active duty; 

2) had previously completed more than twenty-one months (in fact, four years) 
of continuous active duty at some point in his military career; 

3) had completed less than six years of active duty; 

4) was serving as a ET2/E-5, which was a rating designated as eligible for an SRB 
multiple under ALCOAST 182/03; 

5) reenlisted for at least three full years (he reenlisted for four years); 

6) had not previously received a Zone A SRB; and 

7) attained eligibility prior to the termination date of the multiple for his rating. 

 

 

 

 

 

 

 

 

8) Furthermore, no other eligibility criteria for ET2s had been prescribed by the 
Commandant. 
 
6. 

The  applicant  was  also  eligible  for  a  lateral  entry  bonus  for  his  July  1, 
2003, reenlistment.  Under ALPERSRU 1/02, a former Coast Guard member may come 
back on active duty under the lateral entry program and receive an enlistment bonus or 
a reenlistment bonus, but not both.  Pursuant to ALCOAST 132/03, the applicant met the 
requirements  for  a  lateral  entry  bonus,  because  he  was  discharged  during  the  time 
frame  encompassed  by  the  ALCOAST  and  he  served  in  a  qualifying  rate.    However, 
pursuant to ALPERSRU 1/02, he was not entitled to receive both a lateral entry bonus 
and  an  SRB.    The  record  indicates  that  the  applicant  already  received  a  lateral  entry 
bonus for his July 1, 2003, reenlistment.  Accordingly, the applicant should be given the 
option of choosing either the lateral entry bonus or the Zone A SRB.  
 

 

ORDER 

 
 

 
 

 
 

(2) 

(1) 

Retain his lateral entry bonus and not receive an SRB for his July 1, 2003, 

 
The  military  record  of  XXXXXXXXXXXXXXXXXXXXXXX,  USCG,  shall  be 
 
corrected as follows.  Subsequent to counseling about these options, he shall be given 
the opportunity to choose between the following:  
 
 
Receive a Zone A SRB for his July 1, 2003, reenlistment.  If he chooses this 
option, the Coast Guard shall pay him any amounts due under ALCOAST 182/03.  If he 
elects to receive the SRB, the Coast Guard may recoup any payments made to him in 
the form of the enlisted lateral entry bonus already paid.   
 
 
reenlistment. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Dorothy J. Ulmer 

        

 
 Quang D. Nguyen 

 

 
 
 Eric J. Young 

 
 

 
 

 
 

 
 

 
 

 
 
 

 
 

 
 
 

 
 

 
 

 
 
  

 

 

 

 

 

 

 

 

 

 

 

 
 

 



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