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CG | BCMR | SRBs | 2005-064
Original file (2005-064.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. 2005-064 
 
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 February 10, 2005, 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 October 27, 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 six-
year  reenlistment  contract  dated  July  14,  2003,  and  replacing  it  with  a  23-month 
extension  followed  by  a  six-year  reenlistment  contract  to  receive  a  Zone  B  selective 
reenlistment bonus (SRB)1 calculated with a multiple of 3.5.  The applicant alleged that 
he was counseled that he would receive a Zone A SRB for reenlisting on July 14, 2003, 
but that this counseling was in error because he had already received a Zone A SRB for 
reenlisting  in  September  2001.    Finally,  he  alleged  that  if  he  had  been  properly 

                                                 
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.  
 

counseled,  he  would  have  extended  his  enlistment  on  July  14,  2003,  for  23  months  to 
obligate  enough  service  to  accept  his  transfer  orders  and  then  canceled  the  extension 
before its operative date and reenlisted for a Zone B SRB with a multiple of 3.5.  

 

 

SUMMARY OF THE APPLICANT’S RECORD 

The applicant enlisted in the Coast Guard on September 22, 1997, for a period of 
four years with an expiration of enlistment (EOE) of September 21, 2001.  On September 
22,  2001,  the  applicant  reenlisted  for  three  years  for  a  Zone  A  SRB,  with  an  EOE  of 
September  21,  2004.    On  June  1,  2003,  he  received  transfer  orders  to  the  Coast  Guard 
Cutter  Polar  Star.    On  July  14,  2003,  he  reenlisted  for  six  years  to  obligate  sufficient 
service  to  accept  the  transfer  orders.    This  reenlistment  contract  states  that  he  would 
receive  a  Zone  A  SRB  for  the  reenlistment.    There  is  no  Page  72  in  the  record 
documenting  SRB  counseling,  as  required  by  Article  3.C.3.  of  the  Coast  Guard 
Personnel Manual.  On July 14, 2003, the applicant had less than six years of active duty 
service and was ineligible for a Zone B SRB.  He entered Zone B on his 6th anniversary, 
September 22, 2003. 
 

VIEWS OF THE COAST GUARD 

On  May  11,  2005,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 

 
 
submitted an advisory opinion recommending that the Board grant relief.  
 

The JAG stated that the applicant was wrongly counseled that he would receive 
a Zone A SRB for reenlisting on July 14, 2003.  The JAG stated that this counseling was 
in  error  because  the  applicant  received  a  Zone  A  SRB  for  his  September  2001 
reenlistment  and  under  Article  3.C.4.a.6.  of  the  Coast  Guard  Personnel  Manual,  a 
member cannot receive two Zone A SRBs.  The JAG stated that in light of the erroneous 
counseling  the  applicant  should  be  given  the  opportunity  to  cancel  his  July  2003 
reenlistment  and  have  it  replaced  with  a  23-month  extension,  which  is  the  minimum 
amount of service the applicant was required to obligate to accept his transfer orders.  
Finally,  the  JAG  argued  that  the  applicant should  be  allowed  to  cancel  this  extension 
prior to its operative date of September 22, 2004, and reenlist for a Zone B SRB. 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On May 12, 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  3.C.4.a.6.  of  the  Coast  Guard  Personnel  Manual  states  that  to  receive  a 

Zone A SRB, the member cannot have previously received a Zone A SRB.  

                                                 
2  A  Page  7  (CG-3307,  Administrative  Remarks)  entry  documents  any  counseling  that  is  provided  to  a 
service member during that member’s military career. 

 

Article 3.C.3. of the Personnel Manual requires that all personnel with ten 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.5.6. of the Personnel Manual states that extensions of two years or less 

can be canceled prior to their operative date without any loss of SRB entitlement.   

 
Article 1.G.20.2.b. of the Personnel Manual states that  commanding officers are 
authorized  to  cancel  an  extension  contract  of  two  years  or  less  before  the  extension 
begins to run in order to reenlist of extend a member for a longer period. 

 
Article  4.B.6.a.1.  of  the  Personnel  Manual  states  that  members  with  fewer  than 
six years of active duty service must reenlist or extend to obligate sufficient service for a 
full  tour  upon  reporting  to  a  new  unit.    A  member  must  comply  with  OBLISERV 
requirements before he or she will be permitted to accept transfer orders. 

 
Article 4.A.5.b. of the Personnel Manual provides that a full tour of duty for an E-

6 aboard a cutter based in the continental United States is three years. 
 

ALCOAST 182/03 was issued on April 24, 2003, and was in effect from July 1, 
2003, through July 31, 2004.  Under ALCOAST 182/03, EM2s were eligible for a Zone B 
SRB calculated with a multiple of 3.5. 
 

ALCOAST 306/04 was issued on June 21, 2004, and was in effect from August 1, 
2004, through July 31, 2005.  Under ALCOAST 306/04, EM2s were eligible for a Zone B 
SRB calculated with a multiple of 3.0. 
 

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.  
 

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

1. 

2. 

The JAG admitted and the Board finds that the applicant was erroneously 
counseled when he was told that he would receive a Zone A SRB for his July 14, 2003, 
reenlistment.  The counseling was erroneous because the applicant received a Zone A 
SRB for his September 22, 2001, reenlistment, and pursuant to Article 3.C.4.a.6. of the 
Manual,  a  member  cannot  receive  a  second  Zone  A  SRB.    The  Board  finds  that  if  the 

applicant  had  been  properly  counseled  he  would  have  been  advised  to  extend  his 
enlistment for 23 months to obligate sufficient service, in lieu of reenlisting for six years 
with  no  SRB.    Article  4.B.6.a.1.  of  the  Personnel  Manual.    Moreover,  the  applicant 
should  have  been  advised  to  extend  for  23  months  because  that  was  the  minimum 
amount  needed  to  obligate  sufficient  service  to  accept  his  transfer  orders  pursuant  to 
Article 4.A.5.b. of the Personnel Manual. 

 
3. 

If the applicant had received SRB counseling in July 2003, he would have 
been  told  that  he  could  cancel  his  23-month  extension  prior  to  its  operative  date  of 
September 21, 2004, and reenlist for a Zone B SRB.  Pursuant to Article 1.G.20.2.b. of the 
Personnel  Manual,  commanding  officers  are  authorized  to  cancel  extensions  of  two 
years or less before the extension begins to run in order to reenlist or extend a member 
for a longer period.  Pursuant to Article 3.C.5.6. of the Manual, extensions of two years 
or less can be canceled prior to their operative date without any loss of SRB entitlement. 

 
4. 

ALCOAST 182/03 was in effect from July 1, 2003, through July 31, 2004, 
and under this ALCOAST the applicant was eligible for a Zone B with a multiple of 3.5.  
ALCOAST 306/04 was issued on June 21, 2004, and announced that the multiple for the 
applicant’s  rating  would  decrease  to  3.0  on  August  1,  2004.    Therefore,  the  applicant 
would have known that if he canceled his extension and reenlisted after July 31, 2004, he 
would only receive a Zone B SRB with a multiple of 3.0.  Therefore, the Board finds that 
if the applicant had received proper SRB counseling in accordance with Article 3.C.3., 
he would have (a) extended his enlistment for 23 months instead of reenlisting in July 
2003 and (b) canceled the 23-month extension before its operative date and before the 
3.5 multiple expired by reenlisting for six years on July 31, 2004, for a Zone B SRB with a 
multiple of 3.5 in accordance with ALCOAST 182/03.  

 
5. 

In accordance with the findings above, relief should be granted by voiding 
the  July  14,  2003,  reenlistment  contract  and  replacing  it  with  a  23-month  extension 
contract.    The  extension  contract  should  be  canceled  and  replaced  by  a  six-year 
reenlistment contract dated July 31, 2004.  The reenlistment will entitle the applicant to a 
Zone B SRB with a multiple of 3.5 under ALCOAST 182/03.  

 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

ORDER 

 

 
 

 
 

 

 
 

 

 
 

 
 

 
 

 
 Jordan S. Fried 

The military record of EM1 xxxxxxxxxxxxxxxxxxx, USCG, shall be corrected by 
 
removing his July 14, 2003, reenlistment contract from his record as null and void.  A 
23-month extension contract dated July 14, 2003, shall be placed in his record.  The July 
14, 2003, extension contract shall be canceled and a six-year reenlistment contract dated 
July 31, 2004, shall be placed in his record.  The Coast Guard shall pay him any amount 
due under ALCOAST 182/03 as a result of these corrections.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 Steven J. Pecinovsky 

 
 

 

 
 Kathryn Sinniger 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 



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