DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2007-108
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xxxxxxxxxxxxxxxxx
FINAL DECISION
This proceeding was conducted according to 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 March 8, 2007,
upon receipt of the completed application, and assigned it to staff member J. Andrews to pre-
pare the decision for the Board as required by 33 C.F.R. § 52.61(c).
This final decision, dated October 4, 2007, is approved and signed by the three duly
appointed members who were designated to serve as the Board in this case.
BACKGROUND
In BCMR Docket No. 2006-115, the applicant asked the Board to correct his record to
show that he reenlisted on his 6th active duty anniversary, March 30, 2005, to receive a Zone B
selective reenlistment bonus (SRB)1 pursuant to ALCOAST 306/04. His record did not contain
documentation of SRB counseling prior to his 6th anniversary, as required by Article 3.C.11.2. of
the Personnel Manual, and the applicant had already received a Zone A SRB for reenlisting for
four years on March 29, 2003.
The applicant also asked the Board to void a six-year extension contract he had signed on
April 13, 2006, to accept transfer orders to a new unit beginning on June 20, 2006. In this exten-
sion contract, he acknowledged receiving SRB counseling and was promised a Zone B SRB
based on 72 months of newly obligated service and calculated with a multiple of 2 under
ALCOAST 332/05. The applicant also signed a Page 7 acknowledging the same counseling.
The applicant apparently believed that he would have been entitled to a bigger Zone B SRB if he
had been counseled about his opportunity to reenlist on his 6th anniversary, when the multiple
applicable to SRBs for his rate (BM) was larger.
1 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.” Those with at least 6 years of service but no more than 10 years
are in “Zone B.” Members may not receive more than one SRB per zone. Personnel Manual, Article 3.C.4.a.
In the advisory opinion for Docket No. 2006-115, the Judge Advocate General (JAG) rec-
ommended that the Board grant the requested relief because of the lack of SRB counseling prior
to the applicant’s 6th anniversary. On December 14, 2006, the Board issued the following order:
The military record of [the applicant] shall be corrected to show that he reenlisted for 3, 4, 5, or 6
years, at his discretion, on his 6th active duty anniversary to receive a Zone B SRB as provided
under ALCOAST 306/04. The Coast Guard shall remove his April 13, 2006, extension contract
from his record as null and void. The Coast Guard shall pay him the amount due as a result of this
correction.
In February 2007, the JAG notified the Board that after someone “worked the numbers,”
the applicant found that he would have been better off had he never filed his application because
he would receive a bigger bonus for the 6-year extension calculated with a multiple of 2 than
with a 6-year reenlistment calculated with a multiple of 2.5 since his SRB for a 6-year reenlist-
ment had to be reduced by the amount of previously obligated service remaining on his four-year
contract dated March 29, 2003. The JAG also stated that the applicant had refused to exercise
his discretion under the Order by choosing a term of years for the new reenlistment contract.
APPLICANT’S NEW REQUEST AND ALLEGATIONS
In his new application, the applicant asked the Board to rescind its Order in Docket No.
2006-115 because if implemented it would put him “in a less advantageous position.” He stated
that he filed his first application “based upon incorrect SRB/reenlistment counsel [he] received.”
The applicant also asked the Board to change the term of his April 13, 2006, extension
from six years to just three months, which was the minimum he needed to accept his transfer
orders. He alleged that he extended his enlistment on that date because he was advised that he
would receive an SRB based on all six years of newly obligated service, but he has since been
advised that his SRB would be based on only five years of service.2 The applicant submitted a
copy of the Page 7 that documented his SRB counseling on March 29, 2006, for the six-year
extension contract that he signed on April 13, 2006. Both the Page 7 and the extension contract
show that he was promised an SRB based on 72 months (six full years) of newly obligated ser-
vice. The applicant also submitted a copy of his transfer orders dated February 13, 2006, which
state that to accept them, the applicant needed but one year of obligated service upon reporting to
his new unit.
The applicant stated that, knowing that his rate (BM) has been authorized an SRB multi-
ple “for at least the past 3 years,” if he had been properly advised, he would have extended his
enlistment, which was due to end on March 28, 2007, for the minimum required—three months
—and then canceled that extension by reenlisting for six years on March 29, 2007, for a Zone B
SRB.
2 The first advice the applicant received was correct in that members who sign extension contracts when they are
entitled to SRBs receive the SRBs based on all of the months of a new contract since the extension does not become
operative until the member’s prior enlistment ends, so the SRB is not normally reduced by previously obligated
service. Therefore, the applicant’s six-year extension did entitle him to an SRB based on all 72 months of newly
obligated service.
VIEWS OF THE COAST GUARD
On August 7, 2007, the Judge Advocate General (JAG) of the Coast Guard submitted an
advisory opinion in which he recommended that the Board grant alternate relief. 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. SRBs awarded for extension contracts are
never reduced by previously obligated service since extensions by definition begin at the end of
the prior enlistment.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On August 20, 2007, the applicant responded to the advisory opinion and stated that had
no objection to the alternate relief recommended by the JAG.
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 10 U.S.C. § 1552.
The application was timely.
The applicant’s experience is a cautionary tale in just how many mistakes can be
made with respect to SRB counseling. First, he was not properly counseled on his 6th anniver-
sary; then, when he extended his enlistment for six years to obligate service for transfer, he was
erroneously advised that he would have received a bigger SRB had he reenlisted on his 6th anni-
versary; and later, he was erroneously advised that his six-year extension would not actually
entitle him to an SRB based on 72 months of newly obligated service.
The Board granted the requested relief in Docket No. 2006-115 in the belief that it
was in the applicant’s interest to do so. The applicant and the Coast Guard have determined that
the relief requested and granted in that case is not in the applicant’s financial interest. Because
SRBs are affected by, inter alia, a member’s basic pay, which depends upon his pay grade and
years of service; his previously obligated service; authorized SRB multiples; and multiple “kick-
ers” related to a member’s competency codes, which are not usually apparent in the records
received by the Board, applicants should read the SRB regulations very carefully and calculate
their potential SRBs before filing their applications. In light of the insufficient counseling that
the applicant in this case received on several occasions and the apparently detrimental effect that
implementation of the Board’s Order would have, the Board finds that it would be in the interest
of justice to rescind its prior Order.
1.
2.
3.
4.
The applicant asked that the term of his April 13, 2006, extension contract be
changed from six years to three months. He apparently made this request because he was mis-
counseled that the six-year extension would entitle him to an SRB based on only five years of
newly obligated service. However, his six-year extension will in fact entitle him to a Zone B
SRB based on all 72 months of newly obligated service under the contract, assuming he does not
leave active duty during those 72 months. Because an extension contract does not become
operative until the member’s prior enlistment ends, a member who signs an extension contract
when he is entitled to an SRB normally receives the SRB undiminished by any previously obli-
gated service remaining on a prior enlistment.3
Accordingly, the alternate relief recommended by the Coast Guard and accepted
by the applicant should be granted in that the Board should rescind its prior Order and leave the
applicant’s six-year extension contract dated April 13, 2006, unchanged in his record.
5.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
3 Personnel Manual, Article 3.C.7. However, if the new extension contract cancels a prior, shorter extension
contract, the prior, shorter extension contract might constitute previously obligated service depending upon its term
and purpose. Personnel Manual, Article 3.C.5.6.
ORDER
The Board’s Order in BCMR Docket No. 2006-115 with respect to the application of
xxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his military record, is rescinded. The
Coast Guard shall not implement the Order issued in Docket No. 2006-115. If the Coast Guard
has already implemented any part of that Order, it shall remove the 6th anniversary reenlistment
contract from his record as null and void and reinstate his April 13, 2006, six-year extension
contract in his record.
The Coast Guard shall pay him any amount owed under ALCOAST 332/05 as a result of
Toby Bishop
Patrick B. Kernan
Adrian Sevier
this Order.
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...
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...
CG | BCMR | Medals and Awards | 2009-195
of the Personnel Manual, SRBs are calculated on the member’s basic pay as of the day before the date of reenlistment. Therefore, the maximum Zone A SRB the applicant could have received on his 6th anniversary was $16,803.00 ((SRB multiple 2) x ($1,680.30 monthly basic pay) x (60 months of newly obligated service) ÷ 12). Under ALCOAST 283/06, which was in effect on the applicant’s 10th anniversary, he was eligible for a Zone B SRB calculated with a multiple of 0.5 and the monthly basic pay...
of the Personnel Manual, SRBs are calculated on the member’s basic pay as of the day before the date of reenlistment. Therefore, the maximum Zone A SRB the applicant could have received on his 6th anniversary was $16,803.00 ((SRB multiple 2) x ($1,680.30 monthly basic pay) x (60 months of newly obligated service) ÷ 12). Under ALCOAST 283/06, which was in effect on the applicant’s 10th anniversary, he was eligible for a Zone B SRB calculated with a multiple of 0.5 and the monthly basic pay...
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...
The Board notes that the JAG alleged that the applicant should also have been advised of his Zone A SRB eligibility on his 6th anniversary, April 28, 2009, pursuant to Article 3.C.9. There is no Page 7 in the applicant’s record documenting SRB counseling on his 6th anniversary, but since he had already extended his enlistment through February 26, 2016, to receive a Zone B SRB and so could not reenlist for just 6 years, through April 27, 2015, to receive a Zone A SRB, he was not actually...
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