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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