DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2008-041
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
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 December 14,
2008, upon receipt of the applicant’s completed application, and subsequently prepared the final
decision for the Board as required by 33 CFR § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated September 11, 2008, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his military record to show that he elected to
have his Zone A selective reenlistment bonus (SRB) paid to him in a lump sum. He became
entitled to the SRB when he reenlisted for six years on June 16, 2007. He stated that he
requested a lump sum payment of the SRB, but he received only 50% of it in November 2007.
SUMMARY OF RECORD
On June 17, 2003, the applicant enlisted in the Coast Guard for four years. On June 16,
2007, he reenlisted for six years for which he received a Zone A SRB. Although the applicant’s
headquarters personal data record (PDR) did not contain the administrative remarks (page 7)
SRB counseling entry with respect to his June 16, 2007 reenlistment, his unit PDR did have the
required page 7. The page 7 entry dated June 16, 2007, stated the following:
I have been advised that my current selective reenlist bonus (SRB) multiple is 1.5
and is listed in ALCOAST 283/06, which has been made available to me. I am
eligible to reenlist/extend my enlistment up to a maximum of 06 years. My SRB
will be computed based on 72 months of newly obligated service. I hereby
acknowledge that I have read and fully understand the contents and explanation of
COMDTINST 7220.33 (series). I have also been counseled on the opportunity to
have my SRB payment contributed to the Thrift Savings Plan.
VIEWS OF THE COAST GUARD
On April 23, 2008, the Judge Advocate General (JAG) of the Coast Guard recommended
that the Board deny the applicant’s request. The JAG stated the following:
Applicant is requesting a lump sum payment of his SRB in connection with his
reenlistment on 16 June 2007. Per ALCOAST 304/07, paragraph 7. stated in part,
“All requests for lump sum payment of members remaining SRB installments
must be submitted via message to arrive at PSC (MAS) [no later than] 20 July
2007. Units are requested to info their SPO on the message and should include all
members requesting lump sum payment on the same message. If PSC does not
receive notification by COB on 20 July 2007, the member’s regular SRB
installment payments will continue as scheduled. Absolutely no requests will be
considered after this date.” After a review of the applicant’s record, it appears that
applicant did not request a lump sum payment of his SRB prior to the 20 July
2007 deadline.
APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS
On May 1, 2008, a copy of the Coast Guard views was mailed to the applicant and he was
given 30 days to submit a response. The Board did not receive a reply from the applicant.
APPLICABLE REGULATION
ALCOAST 304/07
pertinent provisions pertinent to this case:
ALCOAST 304/07 was issued on June 15, 2007 and contained the following
4. During the next year, the SRB program will be transitioning from an
installment payment program to a lump sum payment program. Effective
immediately until further notice, members who are reenlisting or extending their
enlistments in order to receive Zone-A or Zone-B SRBS have the choice to
receive their bonus under the current installment plan , , , or receive a lump sum
bonus payment at 85 percent of the installment program amount.
*
*
*
4.B. . . . Unit COS and OICS shall ensure the following statement is added to the
required SRB administrative remarks of members choosing lump sum payments:
“I hereby acknowledge that I have elected the lump sum SRB payment option and
will receive 85 percent of the installment payment program amount.” Required
administrative remarks entries are shown in Article 3.C.11. of [the Personnel
Manual] . . .
*
*
*
6. Unique opportunity for current SRB recipients. Current SEB recipients who
meet the following requirements may elect to receive a lump sum payment in the
amount of their remaining SRB installments. [Members] who chose to receive
this lump sum payment will have their remaining SRB balance paid off.
A. [Member] must have at least one SRB installment remaining.
[Members] with one installment remaining will receive an accelerated payment of
this final installment.
B. [Member] must have signed a reenlistment or extension contract prior
C. [Member] cannot have SRB installments that are being held in
to 16 July 2007 for the purpose of receiving a Zone –A or Zone-B SRB.
abeyance or that are undergoing recoupment action.
7. All requests for lump sum payment of [member’s] remaining SRB installments
must be submitted via message to arrive at PSC (MAS) not later than 20 July
2007. Units are requested to info their SPO on the message and should include all
members requesting lump sum payment on the same message. If PSC does not
receive notification by COB on 20 July 2007, the member’s regular SRB
installment payments will continue as scheduled. Absolutely no requests will be
considered after this date. All [members] taking advantage of this opportunity
should see the lump sum payment not later than 15 September 2007 pay day. It is
important to note that this lump sum payment program is different from the
program described in para. 4.B., as the member will received 100 percent of the
amount owed (less taxes).
application was timely.
2. The applicant failed to prove that the Coast Guard committed an error by not paying
his SRB to him in a lump sum. He alleged that he asked to have it paid in a lump sum, but he
offered no corroboration for his allegation. When the applicant reenlisted on June 16, 2007, he
had the option under ALCOAST 304/07 issued on June 15, 2007 of having his SRB paid in a
lump sum or in installments. The ALCOAST is clear that the provision implementing the lump
sum payment option was effective immediately. Under the ALCOAST, the Coast Guard was
required to document on the page 7 SRB counseling entry (that is required whenever a member
reenlists or extends) a member’s request for the lump sum SRB payment. However, the
ALCOAST did not require any documentation if a member did not elect the lump payment
option. The applicant’s page 7 SRB counseling entry does not reflect that he elected the lump
sum payment option, and without sufficient evidence to the contrary, the Board presumes that
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:
1. The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552. The
Coast Guard officials carried out their duties correctly, lawfully, and in good faith. Arens v.
United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992). As stated above, the applicant has
presented no evidence that the page 7 counseling entry as it appears in his military record is in
error; nor has he presented any evidence, except for his own statement, that he requested the
lump sum SRB option at the time he signed the page 7 counseling entry.
3. Although the applicant did not elect the lump sum SRB payment when he executed his
reenlistment contract on June 16, 2007, he still could have requested a lump sum payment under
para. 7. of ALCOAST 304/07. This provision allowed members who were currently receiving
payments on the installment plan and who entered into their contracts prior to July 16, 2007, to
request a lump sum payment of any remaining SRB installments. However, such requests for
lump sum payments had to be submitted in a message format and must have arrived at PSC by
July 20, 2007. As the Coast Guard stated, there is no evidence that the applicant requested a
lump sum payment of his SRB by the July 20, 2007 deadline. The Board notes that the applicant
did not submit a response to the advisory opinion, although this issue was clearly raised in that
document.
4. Accordingly, the applicant has not shown that the Coast Guard committed an error or
injustice in this case and it should be denied.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
record is denied.
The application of XXXXXXXXXXXXXXX, USCG, for correction of his military
ORDER
Philip B. Busch
Kathryn Sinniger
Dorothy J. Ulmer
CG | BCMR | Other Cases | 2009-016
Accordingly, the JAG recommended that the Board correct the applicant’s record by voiding his June 23, 2007, extension contract and his March 9, 2009, reenlistment contract, and entering a six-year extension contract dated July 17, 2007, for a Zone A SRB pursuant to ALCOAST 304/07. The Board finds that when the applicant signed the 30-month extension contract on June 23, 2007, to obligate service for the transfer to Petaluma, he should have received SRB counseling pursuant to Article 3.C.3....
of the Personnel Manual states that to be entitled to 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.” Therefore, no reenlistment contract that the applicant signed prior to his 6th anniversary would entitle him to a Zone B SRB, and the promises of the SRB on the contract and Page 7 dated June 19, 2009, are clearly erroneous. Because his then-current enlistment ran...
CG | BCMR | Advancement and Promotion | 2009-007
This final decision, dated July 16, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, an intelligence specialist, third class (IS3), asked the Board to correct his record to show that he signed a four-year reenlistment contract on July 16, 2008, to receive a Zone A selective reenlistment bonus (SRB).1 He alleged that when he received his transfer orders to Portsmouth, VA, he was erroneously counseled about his SRB eligibility and...
This final decision, dated July 16, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, an intelligence specialist, third class (IS3), asked the Board to correct his record to show that he signed a four-year reenlistment contract on July 16, 2008, to receive a Zone A selective reenlistment bonus (SRB).1 He alleged that when he received his transfer orders to Portsmouth, VA, he was erroneously counseled about his SRB eligibility and...
He stated, however, that the SRB he received for signing the July 7, 2005, reenlistment contract was calculated with a multiple of 1.0. The applicant alleged that prior to signing the reenlistment contract, he contacted his servicing personnel office (SPO) regarding his bonus, and was told that he was eligible to reenlist for six years to receive a Zone B SRB calculated with a multiple of 1.5. The applicant’s record contains a Page 7 and a reenlistment contract, both dated July 7, 2005,...
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. His record does not On July 1, 2007, the applicant reported for duty to Station Miami Beach, and on July 7th...
The JAG stated that the applicant is not eligible to receive an SRB for reenlisting on April 1, 2007, because on that date he had never previously enlisted in the regular Coast Guard and he had served only five months on extended active duty under Title 10. He disagreed with the recommendation therein, stating that when his request to integrate from the Reserve into the regular Coast Guard was approved, he “was assured that everything had been taken care of regarding my prior service time...
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...
The Page 7 with the Affiliation Agreement dated April 2, 2007, and the promise of the $8,200 Affiliation Bonus, which the applicant submitted, was not included in the copy of his military record provided to the Board by the Coast Guard. To be eligible to receive a bonus for SELRES affiliation a person: a. must be released from active duty (RELAD) under honorable conditions from the Coast Guard or another military service; b. must be eligible for reenlistment or for extension of his or her...
The JAG stated that although the applicant’s September 30, 2008, enlistment/reenlistment contract states that he was entitled to receive an SRB, he was not eligible for an SRB because he served only 11 months on active duty when he integrated into the regular Coast Guard, and a reservist must have served at least 12 months continuous active duty for an enlistment in the regular Coast Guard to be considered a reenlistment. The enlistment of Coast Guard Reserve personnel who are serving on...