DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2009-023
XXXXXXXXXX.
xxxxxxxx, BM2/E-5
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 November 14, 2008, 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 July 16, 2009, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a boatswain’s mate, second class (BM2), asked the Board to correct his
record to show that he is eligible to receive a Zone A selective reenlistment bonus (SRB)1 for
signing a 4-year enlistment/reenlistment contract on September 30, 2008. He stated that although
his contract shows that he was entitled to the bonus, he never received the bonus and “was misled
to believe I was eligible for the bonus by unit and SPO offices.” The applicant also submitted a
copy of a Page 72 which purports to show that he was counseled on October 8, 2008, that he was
eligible to reenlist for a maximum of 6 years for an SRB under ALCOAST 304/07.
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. Coast Guard Personnel Manual, Articles 3.C. and 3.C.4.a.
2 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.
SUMMARY OF THE RECORD
On December 9, 2002, the applicant enlisted in the Coast Guard Reserve for a term of
eight years, through December 8, 2010. He completed BM “A” School on October 1, 2004. On
November 1, 2007, he was called to active duty in the Reserve under Title 10. On September 30,
2008, the applicant integrated into the regular Coast Guard by signing a four-year
enlistment/reenlistment contract. His Reserve DD 214 dated September 29, 2008, shows that he
had completed 10 months, 29 days of active duty and had previously completed six months and
23 days of active duty. The contract states that he is “entitled to a Zone “A” SRB with multiple
1.2 based on 48 months newly obligated service.”
VIEWS OF THE COAST GUARD
On April 6, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an
advisory opinion and recommended that the Board deny relief in this case. 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 JAG also stated that the applicant’s active duty base date3
(ADBD) needs to be adjusted before any decision can be made with regards to his SRB
eligibility.
RESPONSE TO THE VIEWS OF THE COAST GUARD
On April 10, 2009, the Chair sent the applicant a copy of the views of the Coast Guard
and invited him to respond within 30 days. The Chair did not receive a response.
APPLICABLE LAW
Article 1.G.1.a. of the Coast Guard Personnel Manual provides that “the enlistment of any
person who has previously served in the regular Coast Guard shall be considered a reenlistment.
The enlistment of Coast Guard Reserve personnel who are serving on extended active duty and
who have served on extended active duty for 12 months or more shall be considered a
reenlistment.”
the following criteria:
Article 3.C.4.a.of the manual states that to receive a Zone A SRB, the member must meet
1. Reenlist not later than 3 months after discharge or release from active duty in a rating
authorized an SRB multiple.
3 A member’s active duty base date is the date the member entered active duty for pay purposes.
2. Have completed 17 months continuous active duty (including extended active duty
as a Reserve) at any point in their military career. The 17 months continuous active duty
need not have been completed immediately prior to the reenlistment or extension.
3. Have completed not more than 6 years active service on the date of reenlistment or
the date on which the extension becomes operative.
4. Be serving in pay grade E-3 or higher on active duty in a rating that is designated as
eligible for an SRB multiple.
5. Reenlist or extend enlistment in the regular Coast Guard for a period of at least 3 full
years.
6. Have not previously received a Zone A SRB.
7. Attain eligibility prior to the termination of a multiple for that particular rating.
8. Meet any additional eligibility criteria the Commandant may prescribe.
ALCOAST 286/08 was issued on June 13, 2008, and went into effect on July 16, 2008.
Under ALCOAST 286/08, BM2s are eligible for a Zone A SRB calculated with a multiple of 1.2.
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 applicable law:
1. The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552. The
application was timely.
2. The applicant alleged that he was promised an SRB for signing a 4-year reenlistment
contract on September 30, 2008, but that he never received the bonus. The JAG recommended
that the Board deny relief because pursuant to Article 1.G.1.a. of the Personnel Manual, the
applicant did not serve on extended active duty (EAD) with the Reserves for the requisite 12
months, and thus his contract was an enlistment, rather than a reenlistment, and SRBs are not
available to members signing enlistment contracts. Although the JAG stated that the applicant’s
ADBD needs to be adjusted before a decision can be made, the applicant’s DD 214 dated
September 29, 2008, clearly shows that he had previously served 6 months and 23 days on active
duty and had just completed 10 months and 29 days of active duty under Title 10. Therefore,
recalculating his ADBD is not needed to determine his eligibility for an SRB.
3. The applicant’s record contains an enlistment/reenlistment contract dated September
30, 2008, stating that he was eligible to receive an SRB for signing a 4-year contract. However,
the applicant was not eligible to receive an SRB for signing an enlistment/reenlistment contract
on September 30, 2008, for two reasons: First, Article 1.G.1.a. of the manual states that the
enlistment of Coast Guard Reserve personnel who are serving on EAD and who have served on
EAD for 12 months or more shall be considered a reenlistment. The applicant had served as a
reservist on EAD for only 10 months and 29 days, from November 1, 2007, through September
29, 2008. Thus, he “enlisted” in the regular Coast Guard on September 30, 2008, and did not
“reenlist” in the regular Coast Guard. Second, pursuant to Article 3.C.4.a.2. of the manual, to
receive a Zone A SRB a member must have completed 17 months of continuous active duty at
any point in their military career. On September 30, 2008, the applicant had completed only 10
months and 29 days of continuous active duty and he had prior active duty periods adding up to 6
months and 23 days.
4. Given the evidence on the Page 7 and on the contract dated September 30, 2008, the
Board finds that the applicant has proved by a preponderance of the evidence that he was
erroneously promised a Zone A SRB for signing the 4-year contract to integrate from EAD in the
Reserve to the regular Coast Guard. If the applicant had been correctly counseled about his SRB
eligibility, he would have known that he needed 17 months of continuous active duty to be
eligible for a Zone A SRB, and he might have remained on EAD as a reservist through March 31,
2009, by which date he would have accumulated 17 months of continuous active duty. Then he
could have reenlisted in the regular Coast Guard on April 1, 2009, to receive the SRB because
ALCOAST 286/08 was still in effect on that date. The Board notes that the applicant’s Title 10
orders were set to expire on October 31, 2008, and it is not clear from the record whether he
would have been allowed to remain on active duty past that date if he had not already integrated
into the regular Coast Guard on September 30, 2008. However, given the applicant’s designated
critical skill rating (BM2) and the lack of any statement from the Coast Guard denying that he
would have been allowed to remain on EAD as a reservist past October 31, 2008, the Board will
not presume that the applicant would have been unable to remain on active duty as a reservist
past the scheduled expiration of his Title 10 orders. In light of the erroneous promise of the SRB
and the possibility that the applicant could have remained on active duty as a reservist through
March 31, 2009, and reenlisted in the regular Coast Guard on April 1, 2009, to receive the
promised SRB, the Board finds that relief should be granted by correcting the date of the
applicant’s integration from September 30, 2008, to April 1, 2009, so that he may be eligible for
the SRB.
5. Accordingly, the applicant’s record should be corrected to show that he did not
integrate into the regular Coast Guard on September 30, 2008, but that instead he continued as a
member of the Reserve serving on EAD through March 31, 2009, and integrated into the regular
Coast Guard on April 1, 2009, by signing a 4-year reenlistment contract to receive a Zone A SRB
in accordance with ALCOAST 286/08.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of XXXXXXXXXXX, xxxxxxx, USCG, for correction of his military
record is granted as follows:
The Coast Guard shall correct his military record to show that he did not integrate into the
regular Coast Guard on September 30, 2008, and that, instead, he continued serving on extended
active duty as a member of the Reserve through March 31, 2009, and integrated into the regular
Coast Guard on April 1, 2009, by signing a 4-year reenlistment contract to receive a Zone A SRB
in accordance with ALCOAST 286/08. His DD 214 dated September 29, 2008, shall be
corrected to reflect that he was discharged from active duty in the Reserve on March 31, 2009,
instead of September 29, 2008. The Coast Guard shall pay him any amount due as a result of
these corrections.
Lillian Cheng
Nancy L. Friedman
Vicki J. Ray
The JAG recommended that the Board deny relief, arguing that the applicant was not eligible for an SRB because he did not complete 17 months of continuous active duty prior to signing the contract, and because his June 28, 2009, contract was an enlistment, rather than a reenlistment since he had not served more than 12 months on extended active duty. However, the applicant was not eligible for an SRB for integrating into the regular Coast Guard on June 28, 2009, for two reasons: First, he...
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...
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...
The applicant, who was a reservist serving on extended active duty (EAD)2 at the time of his entry into the regular Coast Guard, alleged that he is entitled to the SRB because he meets the criteria to receive an SRB for his enlistment/reenlistment. The enlistment of Coast Guard Reserve personnel who are serving on extended active duty and who have served on extended active duty for 12 months or more shall be considered a reenlistment.” ALCOAST 132/02 was issued in March 2002, and provides...
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. The JAG argued that the applicant was eligible only for a Zone B SRB because he had completed more than seven years of active duty when he reenlisted, and pursuant to Article 3.C.4.b.3. The Board will exercise its authority and grant...
The applicant, who was a reservist on extended active duty (EAD)2 at the time of her enlistment/reenlistment into the regular Coast Guard, alleged that she is entitled to the SRB because her previous active duty service causes her enlistment to be characterized as a reenlistment. The enlistment of Coast Guard Reserve personnel who are serving on extended active duty and who have served on extended active duty for 12 months or more shall be considered a reenlistment.” member must meet the...
However, he stated, “Knowing that the SRB message [a new ALCOAST] was set to come out a month from that time, I opted to just extend for three months to wait and see if the SRB multiple might increase.” The applicant alleged that the YN3 told him that if he extended his enlistment for just 3 months and the SRB multiple changed under the new ALCOAST, he could cancel the extension by reenlisting to get an SRB after he arrived at his new unit. However, there is no Page 7 dated May 1, 2009,...
UNITED STATES COAST GUARD, COMDT- INST M1000.6A, PERSONNEL MANUAL, Art. Therefore, the preponderance of the 5 UNITED STATES COAST GUARD, COMDTINST M1000.6A, PERSONNEL MANUAL, Art. The Coast Guard shall correct her record to show that she canceled her four-month extension contract dated November 21, 2006, by reenlisting for a Zone A SRB on July 15, 2009, for a term of 4, 5, or 6 years, at her discretion.
Under Article 3.C.4.b.1., the first criterion for a Zone B SRB is that the member must “[r]eenlist not later than 3 months after discharge or release from active duty in a rating authorized an SRB multiple.” The JAG stated, however, that the applicant was eligible for a Zone B SRB on his tenth anniversary under ALCOAST 283/06 and that the lack of a Page 7 documenting SRB counseling for the anniversary supports the applicant’s allegation that he was not timely counseled. of the Personnel...