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
This final decision, dated December 29, 2004, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his military record by canceling his four-year extension contract and replacing it with a six-year reenlistment contract. On his March 2004 extension contract, the applicant stated that the reason for the extension was “request of individual”. In accordance with the Article 1.G.15.e., he was not eligible to extend his enlistment prior to May...
The applicant alleged that when he signed a six-year extension contract on May 1, 2003, he was counseled that he would receive an SRB with a multiple of 2.5. The Board also finds that if the applicant had been properly counseled at the time of his May 1, 2003, reenlistment, he would have had the following options: Reenlist as he did for an SRB with a multiple of 2.0 under ALCOAST 329/02; a. b. c. Be discharged from the Coast Guard. of the Personnel Manual, and at the termination of said...
This final decision, dated November 12, 2004, is signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that he is entitled to a selective reenlistment bonus (SRB) calculated with a multiple of 3.5, instead of the multiple of 2.5 that he received for signing a six-year reenlistment contract on March 21, 2004. When he executed the extension contract, the applicant was counseled that he was eligible to receive a Zone B SRB with...
This final decision, dated March 31, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant, an operations specialist second class (OS2), asked the Board to correct his military record to make him entitled to a Zone A selective reenlistment bonus (SRB) calculated with a multiple of 2.1 He alleged that, prior to being transferred to his current station on July 7, 2003, he was not properly counseled about his eligibility for an SRB when he signed a...
2 Obligated service refers to all periods of military service covered by signed agreements in the form of enlistment contracts, reenlistment contracts and/or agreements to extend enlistment between Coast Guard members and the U.S. Coast Guard where members agree to serve for designated periods of time. When he received transfer orders in June 2003, the applicant should have been required to obligate sufficient service to complete a full tour of duty (four years) before accepting the...
Coast Guard members who have at least 6 but no more than 10 years of active duty service are in “Zone B.” Article 3.C., Coast Guard Personnel Manual. If the applicant had been properly counseled, it would be reasonable to assume that he would have extended for one (01) year to meet the obligated service requirement to accept his orders and prior to the effective date of the extension [July 11, 2003] he would have reenlisted for the Zone B SRB multiple of [2.5] that he was promised. The...
3 To be eligible for a Zone B SRB, a member must have completed “at least 6 years but not more than 10 years of active service on the date of reenlistment or operative date of the extension.” Coast Guard Personnel Manual, Article 3.C.4.b.3. He stated that upon receiving transfer orders to the Coast Guard Integrated Support Command (ISC) and the Coast Guard Cutter Healy in Seattle, he was counseled by a Coast Guard yeoman1 that he was eligible to reenlist or extend for up to six years for a...
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. On April 5, 2005, the JAG issued a supplemental advisory opinion in this case, in which he withdrew...
The JAG stated that after a thorough review of the applicant’s record, he had determined that the most advanta- geous correction the Board could make would be to rescind its Order in the applicant’s prior case and leave in place his six-year extension dated April 13, 2006. The JAG stated that, contrary to the applicant’s belief, the SRB he would receive for the April 13, 2006, extension contract would be based on all 72 months of newly obligated service. Because an extension contract does...
of the Personnel Manual provides that extension contracts for terms of two years or less may be canceled prior to their operative dates to allow the member to sign a new, longer extension or reenlistment contract to receive an SRB. of the Personnel Manual, the applicant could have canceled his May 6, 2003, three-year extension contract by signing a six-year reenlistment contract on July 18, 2004, to obtain a Zone A SRB under ALCOAST 182/03. Canceling the extension contract will reduce the...