DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2006-043 
 
XXXXXXXXXXXXXX 
xxxxxxxxxx, BM1 (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.  The Chair docketed the case on January 20, 
2006, upon receipt of the applicant’s completed application. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  September  28,  2006,  is  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, a boatswain’s mate first class (BM1), asked the Board to correct his 
record to show that he reenlisted on February 14, 2001, for a 6th anniversary1 selective 
reenlistment  bonus  (SRB).2    In  addition,  the  applicant  asked  the  Board  to  correct  his 
                                                 
1 On a member’s 6th and 10th active duty anniversary, the member is eligible to reenlist for either a Zone A 
or a Zone B SRB if one is authorized for his rating and the member has not already received one.  The 
member must be counseled about this opportunity, and the counseling must be documented on a Page 7.  
COMDTINST 7220.33, Enclosure (1), Para. 3.d. 
 
2 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. 
 

record to show that he reenlisted on February 14, 2005, for a 10th anniversary SRB.  The 
applicant alleged that he was never counseled regarding his eligibility to reenlist on his 
6th or 10th anniversary for an SRB.  The applicant further alleged that because he was 
never counseled about his eligibility for a Zone A SRB, he received a Zone B SRB for his 
April 25, 2001, reenlistment.  He stated that because he received a Zone B SRB for his 
April  2001  reenlistment,  he  was  ineligible  to  receive  another  Zone  B  SRB  on  his  10th 
active duty anniversary. 
 

 

SUMMARY OF THE RECORD 

 
On February 14, 1995, the applicant enlisted in the Coast Guard for a term of four 
 
years,  through  February  13,  1999.    On  March  19,  1997,  the  applicant  extended  his 
enlistment for 29 months to obligate service for transfer, with a new end of enlistment 
(EOE) date of July 13, 2001.  The applicant’s 6th active duty anniversary was February 
14,  2001,  and  there  is  no  Page  73  entry  in  the  record  to  indicate  that  he  received SRB 
counseling prior to his 6th anniversary.  The Page 7 would have informed him that he 
was eligible to reenlist or extend his enlistment for up to six years to receive a Zone A 
SRB pursuant to ALCOAST 488/00.  On March 19, 2001, approximately one month after 
his 6th anniversary, a Page 7 was placed in the applicant’s record to document that he 
was  eligible  to  reenlist  for  an  SRB.    On  April  25,  2001,  he  reenlisted  for  four  years, 
through April 24, 2005, and received a Zone B SRB pursuant to ALCOAST 488/00.  
 
 
On March 15, 2004, the applicant signed a 15-month extension contract extending 
his enlistment to July 24, 2006.  The applicant’s 10th anniversary was February 14, 2005, 
and there is no Page 7 entry in the record to indicate that he received SRB counseling 
prior to his 10th anniversary.  ALCOAST 306/04 authorized a Zone B SRB for BMs on 
that date.  However, because the applicant had already received a Zone B SRB for his 
April  25,  2001,  reenlistment,  he  was  not  eligible  for  another.    On  April  18,  2006,  the 
applicant signed a 12-month extension contract, with an adjusted EOE date of July 24, 
2007. 

VIEWS OF THE COAST GUARD 

 

 
 
On June 6, 2006, the Judge Advocate General (JAG) of the Coast Guard submitted 
an  advisory  opinion  in  which  he  recommended  denying  relief.    He  stated  that  the 
applicant was properly counseled regarding his eligibility for a Zone B SRB for his April 
25, 2001, reenlistment.  The JAG noted that the applicant received a Zone B SRB because 
on  the  date  of  his  reenlistment  he  had  more  than  six  years  of  active  service  and  was 
ineligible for a Zone A SRB.     

 

                                                 
3 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. 

RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  June  24,  2006,  the  Chair  sent  the  applicant  a  copy  of  the  JAG’s  advisory 

 
 
opinion and invited him to respond.  The Chair did not receive a response.   
 

APPLICABLE LAW 

 

 
Article  3.C.3.  of  the  Coast  Guard  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.11.2. of the Personnel Manual requires that a Page 7 entry regarding 
counseling  about  SRB  eligibility  be  made  in  a  member’s  record  within  three  months 
prior to his 6th and 10th anniversaries. 
 

ALCOAST  488/00  was  issued  on  December  21,  2000,  and  was  in  effect  from 
February 1, 2001, through April 30, 2001.  Under ALCOAST 488/00, BM2s were eligible 
for an SRB calculated with a multiple of one. 

 
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, BM1s were eligible for an SRB 
calculated with a multiple of two. 
 

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: 
 

1. 

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

§ 1552.  The applicant remains on active duty and thus his application was timely.4 
 

2. 

The applicant alleged that he was never counseled regarding his eligibility 
to reenlist on his 6th active duty anniversary for an SRB.  There is no Page 7 in the record 
documenting counseling on his 6th anniversary as required under Article 3.C.11.2. of the 
Personnel Manual.  The lack of documentation of SRB counseling is persuasive evidence 
that  the  applicant  was  never  counseled  about  his  opportunity  to  reenlist  on  his  6th 
anniversary for a Zone A SRB.  The Board notes that when the applicant was counseled 
about  SRBs  one  month  after  his  6th  anniversary,  the  command  documented  the 
counseling with a Page 7.   
                                                 
4 Detweiler v. Pena, 38 F.3d 591, 598 (D.C. Cir. 1994) (holding that section 205 of the Soldiers’ and Sailors’ 
Civil Relief Act of 1940 “tolls the BCMR’s limitations period during a servicemember’s period of active 
duty”). 

As a result of his command’s error, the applicant never received a Zone A 
SRB, and received a Zone B SRB for his April 25, 2001, reenlistment.  He did not receive 
a Zone A SRB for the April 25, 2001, enlistment because he had more than six years of 
active  service,  and  pursuant  to  Article  3.C.4.a.,  to  receive  a  Zone  A  SRB,  the  member 
cannot have completed more than six years of active service.  If the applicant had been 
properly  counseled  prior  to  his  6th  anniversary,  he  would  have  been  told  that,  under 
Chapter  3.C.11.2.  of  the  Personnel  Manual,  he  was  eligible  to  reenlist  on  his  6th 
anniversary  for  a  Zone  A  SRB  pursuant  to  ALCOAST  488/00.    The  applicant  alleged 
that if he had been told about his eligibility for an SRB on his 6th anniversary, then he 
would have reenlisted for four years to receive a Zone A SRB, instead of reenlisting in 
April 2001 for a Zone B SRB.  The record indicates that the applicant reenlisted for four 
years on April 25, 2001.  Thus, it is reasonable to believe that he would have reenlisted 
for four years on his 6th anniversary, February 14, 2001, for a Zone A SRB had he been 
timely counseled.  Therefore, his record should be corrected to show that he reenlisted 
for 4 years on February 14, 2001, for a Zone A SRB, instead of on April 25, 2001, for a 
Zone B SRB. 
 

4. 

If the applicant had reenlisted for four years on February 14, 2001, instead 
of April 25, 2001, he would have been eligible to reenlist for a Zone B SRB on his 10th 
anniversary, pursuant to ALCOAST 306/04.  
 

5. 

 Accordingly,  relief  should  be  granted  by  voiding  his  April  25,  2001, 
reenlistment contract, and by reenlisting him for four years on his 6th active duty anni-
versary,  February  14,  2001,  for  a  Zone  A  SRB  pursuant  to  ALCOAST  488/00.    In 
accordance  with  paragraph  four  of  Enclosure  (1)  to  COMDTINST  7220.33,  the  Coast 
Guard  will  be  entitled  to  recoup  the  Zone  B  SRB  that  the  applicant  received  for 
reenlisting on April 25, 2001.  In addition, relief should be granted by reenlisting him on 
his 10th anniversary, February 14, 2005, for a term of three, four, five, or six years, at his 
discretion, for a Zone B SRB pursuant to ALCOAST 306/04. 

 
3. 

 
  

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

ORDER 

 

 

The application of BM1 XXXXXXXXXXXX, xxxxxxxxxx, USCG, for correction of 
his military record is granted.  The Coast Guard shall correct his record by removing his 
April  25,  2001,  reenlistment  contract  as  null  and  void,  and  by  placing  in  his  record  a 
four-year reenlistment contract dated February 14, 2001, for a Zone A SRB pursuant to 
ALCOAST 488/00.  In addition, the Coast Guard shall correct his record to show that he 
reenlisted on his 10th anniversary, February 14, 2005, for a term of three, four, five, or six 
years, at his discretion, for a Zone B SRB pursuant to ALCOAST 306/04.  In accordance 
with paragraph four of Enclosure (1) to COMDTINST 7220.33, the Coast Guard will be 
entitled to recoup the Zone B SRB that he received for reenlisting on April 25, 2001. 

 
The Coast Guard shall pay him any amount due pursuant to ALCOAST 488/00 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

and ALCOAST 306/04 as a result of these corrections.  

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 
 Julia Andrews 

 

 
 H. Lee Einsel, Jr. 

 

 

 
 Kathryn Sinniger