DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for Correction of
the Coast Guard Record of:
BCMR Docket No. 2005-034
XXXXXXXXXXXXXXXXXX.
Xxx xx xxxx, EM1/E-6
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 December 1, 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 August 11, 2005, is signed by the three duly appointed
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his military record by canceling his five-
year extension contract dated April 2, 1999, and replacing it with a seven-month
extension followed by a six-year reenlistment to receive a Zone B selective reenlistment
bonus (SRB)1 calculated with a multiple of 2.0. The applicant alleged that he was
counseled that he could cancel the five-year extension contract and reenlist for a larger
SRB if the multiple for his rank and rate was increased. He further alleged that if he
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.
had been properly counseled, he would have extended for the seven months needed to
accept the PCS orders and then canceled the extension and reenlisted for a larger SRB.
SUMMARY OF THE APPLICANT’S RECORD
The applicant enlisted in the Coast Guard on February 18, 1992, for a period of
four years with an expiration of enlistment (EOE) of February 17, 1996. On November
14, 1995, the applicant reenlisted for three years, with an EOE of November 13, 1998.
On November 12, 1998, he extended his enlistment for one year, with an EOE of
November 13, 1999. On April 2, 1999, he extended his enlistment for five years to
accept orders to an overseas assignment and became eligible for a Zone B SRB
calculated with a multiple of 1.0. At the time of his extension he was only required to
obligate seven months of additional service. There is no CG-3307 (Page 7)2 in the record
to indicate that he was counseled about the effect his extension would have on his SRB
entitlement. The applicant’s five-year extension contract states the following:
SRB ELIGIBILITY ACKNOWLEDGMENT
I have been provided with a copy [of] “SRB Questions and Answers” based on Comman-
dant Instruction 7220.33 (series). I have been informed that: My current Selective Reen-
listment Bonus (SRB) multiple under zone B is 01 and is listed in ALDIST
290/98, which has been made available for review. I further understand the eligibility
requirements for Zone A, B, and C SRB’s and that the maximum SRB paid to my current
pay grade is $ 35000 . My SRB will be computed based on 60 months newly obli-
gated service.
EFFECT OF EXTENSION/REEXTENSION ON SRB ENTITLEMENT
I fully understand the effect my extension/reextension will have upon my current and
future SRB eligibility. … I further acknowledge that I have been given the chance to
review COMDTINST 7220.33 (series) concerning my eligibility for SRB and have had all
my questions answered.
VIEWS OF THE COAST GUARD
On April 11, 2005, the Judge Advocate General (JAG) of the Coast Guard
submitted an advisory opinion recommending that the Board deny the applicant’s
request.
The JAG stated that the applicant extended his enlistment for five years to meet
his obligated service requirement and to receive an SRB calculated with 60 months of
obligated service. The JAG noted that the applicant was only required to extend his
enlistment for seven months to obligate sufficient service for transfer, and that he
elected to extend for five years to receive the maximum SRB. The JAG further argued
that although the applicant claims that he would have only extended for seven months
2 A CG-3307 (Administrative Remarks, or Page 7) entry documents any counseling that is provided to a
service member as well as any other noteworthy events that occur during that member’s military career.
to obligate sufficient service to transfer and reenlisted when the SRB was increased, the
“Applicant would have had to obtain permission from Coast Guard Personnel
Command (CGPC) to extend less than two years; approval of such an extension request
is by no means certain and shouldn’t be presumed by the BCMR, especially in light of
applicant’s assignment to a ship.”
The JAG stated that the applicant’s signed extension contract contains an
acknowledgment that “he had all of his questions regarding his SRB eligibility
answered and that he fully understood the effect that his extension had upon his
current and future SRB entitlements.” The JAG argued that there is “simply no
evidence in the record to reflect that the applicant was misinformed about his extension
and the effect it would have on his SRB.” Finally, the JAG stated that the applicant has
already received full payment for his SRB and that all the applicant has submitted is a
“highly confusing series of scenarios about what ‘coulda, woulda, shoulda, happened’
some of which coincidentally provide him with additional money for no additional
obligated service.”
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On April 13, 2005, 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 4.B.6.b. of the Coast Guard Personnel Manual states that all personnel
ordered to duty stations outside of the continental United States shall obligate to
complete the full tour.
Article 3.C.4.b. of the Personnel Manual states that to receive a Zone B SRB, the
member must reenlist or extend his enlistment for a period of at least three years.
Article 3.C.3. of the Personnel Manual requires that all personnel with 10 years or
less of active service who reenlist or extend for any period shall be counseled on the
SRB program and shall sign a Page 7 outlining the effect that particular action has on
their SRB entitlement. Article 3.C.11. of the Personnel Manual contains the text of the
Page 7 members must sign following SRB counseling:
I have been provided with a copy of enclosure (5) to Commandant Instruction 7220.33
(series) entitled “SRB Questions and Answers.” I have been informed that:
My current Selective Reenlistment Bonus (SRB) multiple is ____ and is listed in ALDIST
_________, which has been made available for my review.
In accordance with article 12-B-4, CG Personnel Manual, I am eligible to reenlist/extend
my enlistment for a maximum of ____ years.
My SRB will be computed based on ____ months newly obligated service.
The following SRB policies were unclear to me, but my SRB counselor provided me with
the corresponding answers: (list specifics)
ALDIST 290/98 was issued on November 25, 1998, and was in effect from
November 25, 1998, through June 14, 1999. Under ALDIST 290/98, EM2s were eligible
for an SRB calculated with a multiple of 1.0.
ALDIST 184/99 was issued on May 13, 1999, and was in effect from June 15,
1999, through December 31, 1999. Under ALDIST 184/99, EM2s were eligible for an
SRB calculated with a multiple of 1.0.
ALCOAST 184/99 was issued on November 22, 1999, and was in effect from
January 1, 2000, through June 30, 2000. Under ALCOAST 184/99, EM2s were eligible
for an SRB calculated with a multiple of 2.0.
Article 3.C.5.6. of the Personnel Manual states that extensions may be canceled
prior to their operative dates for the purpose of extending or reenlisting for a longer
term to earn an SRB. However, such extensions reduce the SRB by the number of
months of previously obligated service unless the extension is for a period of two years
or less, in which case the SRB is not diminished.
FINDINGS AND CONCLUSIONS
1.
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:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C.
§ 1552. The application was timely. Detweiler v. Pena, 38 F.3d 591, 598 (D.C. Cir. 1994).
The applicant alleged that he was improperly counseled. There is no Page
7 documenting SRB counseling in his military record, as required under Article 3.C.3. of
the Personnel Manual. However, the applicant’s 60-month extension contract indicates
that he did receive accurate SRB counseling on April 2, 1999. The contract indicates that
he was advised he was eligible to extend or reenlist for a Zone B SRB calculated with a
multiple of 1.0 under ALDIST 290/98. Moreover, it contains almost identical language
to that which appears on a Page 7 prepared in accordance with Article 3.C.3. Therefore,
the lack of a Page 7 does not persuade the Board that the applicant was miscounseled.
2.
3.
The applicant also argued that it was his original goal to extend his
enlistment for the minimum amount needed to accept his transfer orders with the
“intention of reenlisting when the new SRB message was released, because I heard that
the EM multiple was going to increase.” The Board is reluctant to accept this allegation
as fact. There was an SRB multiple of 1.0 in effect for his rating on April 2, 1999, which
he could earn only by extending his enlistment for at least three years. There was no
guarantee in April 1999 that there would be any SRB at all in effect for his rating at a
later date. The Board notes that the multiple for EM2s remained 1 under the next
authorization, ALCOAST 184/99. Therefore, the Board is not persuaded that the
applicant would have forgone the SRB available to him under ALDIST 290/98 on the
chance that there might be a better SRB available in the future. Finally, the applicant’s
failure to seek correction of his record when the SRB multiple was increased in
November 1999 suggests that he did not have a complaint at the time.
Accordingly, the applicant’s request should be denied.
4.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of EM3 XXXXXXXXXXXXXXX, xxx xx xxxx,USCG, for correction
of his military record is denied.
Joseph L. Brinkley
James G. Parks
Kenneth Walton
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The Coast Guard erred when it counseled the applicant that he was eligible to receive a Zone B SRB for signing a six-year reenlistment contract on January 31, 2002. of the Personnel Manual, which show that a member’s SRB equals his monthly basic pay, multiplied by the SRB multiple authorized under the ALCOAST in effect, multiplied the number of months of service newly obligated under the contract, and divided by 12, if the appli- cant had reenlisted for four years on this 6th anniversary...
This final decision, dated November 17, 2005, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his military record by replacing his six- year reenlistment contract with a six-year extension contract so that he will receive a Zone A selective reenlistment bonus (SRB)1 calculated with 72 months of newly obli- gated service instead of 52 months. Enclosure (1) to COMDTINST 7220.33 states that to receive a Zone A SRB, the member must...
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