DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
xxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxx
BCMR Docket No. 2007-054
1 Coast Guard yeomen are “key problem-solvers, counselors and sources of information to personnel on questions
ranging from career moves, entitlements and incentive programs, to retirement options and veteran's benefits.”
http://www.gocoastguard.com/ratings/ynrate.htm
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 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.
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.
FINAL DECISION
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 December 29, 2006, upon
receipt of the applicant’s completed application, and assigned it to staff members D. Hale and
J. Andrews to prepare the decision for the Board as required by 33 C.F.R. § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated August 30, 2007, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his record by replacing his July 26, 2002, six-
year extension contract with a six-year reenlistment contract. 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 Zone B Selective Reenlistment Bonus (SRB).2 The
applicant alleged that the counseling was erroneous because the yeoman failed to determine that
he would not be eligible for a Zone B SRB because he would have more than 10 years of active
service when his extension became operative.3
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard on December 14, 1993. In 2002 he received
transfer orders to the ISC in Seattle/CGC Healy, and on July 19, 2002, he was counseled with a
Page 74 stating that he was eligible to reenlist or extend his enlistment up to six years for an SRB
and that it would be computed based on 72 months of newly obligated service.
On July 26, 2002, the applicant signed a six-year extension contract to “obligate service
for transfer” and the contract became operative on December 13, 2005. The extension contract
contains a section in which he acknowledged having (1) received a copy of “SRB Questions and
Answers” based on the Commandant’s SRB Instruction; (2) had the opportunity to read the SRB
Instruction; (3) understood the effect of his extension on his future SRB eligibility; and (4) had
all his questions about his SRB entitlement answered. When the applicant reported to ISC
Seattle on October 1, 2002, his EOE date was December 12, 2005. On October 12, 2002, he
reported to the Healy. A full tour on the Healy is three years.
VIEWS OF THE COAST GUARD
On May 17, 2007, the Judge Advocate General (JAG) of the Coast Guard submitted an
advisory opinion in which he recommended granting alternative relief. The JAG stated that the
applicant was not required to extend his enlistment on July 26, 2002, because he still had more
than three years remaining on his enlistment when he signed the extension contract and did not
need to obligate service for the transfer to ISC Seattle. Accordingly, the JAG stated that if the
applicant had been properly counseled when he received his transfer orders, he would have been
advised to reenlist within three months prior to his 10th anniversary (December 14, 2003), to
receive a Zone B SRB.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On May 24, 2007, the BCMR sent the applicant a copy of the views of the Coast Guard
and invited him to respond within 30 days. The Board did not receive a response.
APPLICABLE REGULATIONS
Article 1.G.8.a. of the Coast Guard Personnel Manual provides that a member may only
reenlist within three months from their end of enlistment (EOE) date.
Article 3.C.5.5. of the Personnel Manual provides that under no circumstances will an
individual be permitted to extend their enlistment more than three months early for SRB
purposes alone. However, a member may extend when required to obligate service for transfer,
training, advancement, or tuition assistance.
4 A Page 7 (CG-3307, or Administrative Remarks) 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.
Article 3.C.5.9. of the Personnel Manual provides that Commanders are authorized to
effect early discharge and reenlist members within three months prior to their 10th year
anniversary, for the purpose of qualifying for an SRB.
Article 4.B.6.a. of the Personnel Manual states that assignment officers will normally not
transfer service members E-4 and above with fewer than six years of active duty unless they
reenlist or extend to have enough obligated service for a full tour upon reporting to a new unit.
Article 4.C.11.b.9. of the Personnel Manual states that members assigned to a polar
icebreaker must have enough active obligated service to complete the tour of duty.
ALCOAST 585/01 was issued on December 20, 2001, and was in effect from February 1,
2002, through August 4, 2002. Under ALCOAST 585/01, MK1s in Zone B were eligible for an
SRB calculated with a multiple of 2.0.
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, MK1s in Zone B were eligible for an SRB
calculated with a multiple of 2.0.
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 submissions, and applicable law:
The Board has jurisdiction concerning this matter pursuant to section 1552 of title
10 of the United States Code. The application was timely.
The applicant alleged that he was erroneously counseled that he was eligible to
receive a Zone B SRB for signing a six-year extension contract. The record contains a July 19,
2002, Page 7 documenting that the applicant was eligible to extend his enlistment for up to six
years and that his SRB would be computed based on 72 months of newly obligated service. This
counseling was erroneous because under Article 3.C.4.b.3. of the Personnel Manual, to receive a
Zone B SRB, the member must have completed “at least 6 but not more than 10 years active
service on the date of reenlistment or the operative date of the extension.” The applicant’s July
26, 2002, extension contract became operative on December 13, 2005, but his 10th anniversary on
active duty was December 14, 2003. Accordingly, the applicant was not eligible for the SRB
because he had more than 10 years of active service on the operative date of the extension.
The applicant’s record also contains a July 26, 2002, six-year extension contract
which states that he would receive a Zone B SRB based on 72 months of newly obligated service.
This information is incorrect because, as noted in Finding No. 2, he was ineligible for the SRB
because he would have more than 10 years of active service on the operative date of the
extension. The Board also notes that there was no authority for the applicant to extend his
enlistment on July 26, 2002. Pursuant to Article 3.C.5.5. of the Personnel Manual, a member is
allowed to extend when required to obligate service for transfer, training, advancement, or tuition
assistance. The applicant had more than three years remaining on his enlistment when he
reported to ISC Seattle on October 1, 2002, and was not required to obligate additional service
1.
2.
3.
4.
for the transfer. Accordingly, there was no authority for him to extend his enlistment on July 26,
2002.
The Board finds that if the applicant had been properly counseled, he would have
been advised that since he was not eligible to extend his enlistment for an SRB on July 26, 2002,
he should wait and reenlist on his 10th anniversary (December 14, 2003) for a Zone B SRB,
pursuant to ALCOAST 182/03. Personnel Manual, Article 3.C.5.9.
In his application, the applicant asked the Board to correct his record by replacing
his July 26, 2002, six-year extension contract with a six-year reenlistment contract. However, the
Board is unable to grant this request because there was no authority for the applicant to reenlist
on July 26, 2002. Pursuant to Article 1.G.8.a. of the Personnel Manual, a member may reenlist
within three months of the end of their enlistment, or within three months prior to their 6th or 10th
anniversary. When the applicant signed an extension contract on July 26, 2002, his EOE date
was December 12, 2005, and his 10th anniversary was December 14, 2003. Thus, he was not
eligible to reenlist until September 12, 2003 (90 days prior to his 10th anniversary).
Accordingly, relief should be granted by voiding the applicant’s July 26, 2002,
extension contract and reenlisting him for six years on his 10th anniversary, December 14, 2003,
to receive a Zone B SRB pursuant to ALCOAST 182/03.5
6.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
5.
5 Reenlisting the applicant on December 14, 2003, in lieu of September 12, 2003, will presumably result in a larger
SRB, since it will reduced by less previously obligated service.
ORDER
The application of xxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his military
record is granted. His record shall be corrected to show that he reenlisted for six years on his 10th
active duty anniversary to receive a Zone B SRB as provided under ALCOAST 182/03. The
Coast Guard shall remove his July 26, 2002, extension contract from his record as null and void.
The Coast Guard shall pay him the amount due as a result of these corrections.
Francis H. Esposito
Nancy L. Friedman
Darren S. Wall
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: XXXXXXXXXXXXXXXXX. This final decision, dated April 21, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record by replacing his October 1, 2002, six-year extension contract with a reenlistment contract to receive a selective reenlistment bonus (SRB)1 in accordance with ALCOAST...
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 record to show that he is entitled to a Zone B selective reenlistment bonus (SRB) calculated with seventy-two months of newly obligated service.1 He alleged that he was miscounseled about his eligibility for the SRB and that if he had been properly counseled, he would have reenlisted for six years on May 13, 2003, in lieu of extending, to...
of the Coast Guard Personnel Manual states that to receive a Zone A SRB, the member cannot have previously received a Zone A SRB. 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. 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...
The Board finds that the Coast Guard committed an error by not counseling the applicant on a Page 7 when he reenlisted on September 13, 1997, as required by Article 2 of Enclosure (1) to COMDINST 7220.33. The applicant alleged that he would not have reenlisted on September 13, 1997, if he had known that he was not required to do so until his enlistment expired on July 12, 1999.5 The Board finds that if the applicant had been properly counseled on September 13, 1997, he would have had the...
He also alleged that during this time, he was away from his servicing personnel reporting unit (PERSRU) and did not receive counseling about his eligibility to reenlist for an SRB on September 17, 2001, his tenth anniversary on active duty. The applicant alleged that, had he been counseled, he would have reenlisted for six years in order to obtain a Zone B SRB under ALCOAST 198/01. [ORDER AND SIGNATURES APPEAR ON NEXT PAGE] ORDER The six-month extension agreement, dated April 25, 2001 but...
The JAG recommended that the Board authorize payment of the SRB for the extension contract. of the Personnel Manual states that to be eligible for a Zone B SRB, the member must “[h]ave completed at least 6 but not more than 10 years active service on the date of reenlistment or the operative date of the extension.” Article 3.C.2.6. states that the operative date is “[t]he date the extension begins to run.” In addition, Article 1.G.19.
On May 1, 2001, he reenlisted for another 3 years, with an EOE of April 30, 2004, and received a Zone B SRB with a multiple of 2. The JAG stated that although there is no evidence that the Coast Guard conducted the 10th anniversary counseling required by Article 3.C.11.2., the applicant is nonetheless ineligible for a Zone B SRB on his10th anniversary, because he already received a Zone B SRB for his May 1, 2001, reenlistment and he cannot receive a second Zone B SRB. In accordance with...
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 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 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...