DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2009-028 
 
xxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxx   

 

 
 

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 after receiving the applicant’s 
completed  application  on  November  19,  2008,  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  20,  2009,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, an information systems technician, second class (IT2), asked the Board to 
correct his record to show that he is eligible to receive a Zone A selective reenlistment bonus 
(SRB)1 calculated with a multiple of 1.5 for signing a six-year reenlistment contract on Septem-
ber 25, 2008.  He alleged that he was counseled that he would receive an SRB with a multiple of 
1.5,  and  that  this  promise  was  written  on  his  reenlistment  contract.    However,  the  SRB  he 
received was a Zone B SRB calculated with a multiple of 1.0.   
 

In support of his allegations, the applicant submitted a copy of his reenlistment contract 
dated September 25, 2008, which clearly states: “MEMBER IS ELIGIBLE FOR SRB ZONE A, 
MULTIPLE 1.5. 72 MONTHS OF NEWLY OBLIGATED SERVICE.  MEMBER COMPLIES 
WITH  WEIGHT  STANDARDS.”    He  also  submitted  statements  from  the  yeoman  who coun-
seled him regarding his SRB entitlements (YN T) and the yeoman who approved his reenlistment 
contract (YN2 M).  YN T stated the following:  
 
                                                 
1 SRBs are a reenlistment incentive offered to members who possess certain critical skills.  SRBs vary according to 
the member’s base pay, the number of months of service newly obligated by the new reenlistment or extension of 
enlistment contract, and the need of the Coast Guard for personnel with the critical skills, which is reflected in the 
“multiple”  of  the  SRB  authorized  for  the  member’s  rating.    Authorized  SRB  multiples  for the critical ratings are 
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, Articles 3.C. and 3.C.4.a. 

In the month of September I counseled [the applicant] on his SRB entitlements 
with guidance of YN2 [S].  I did this with the assumption his prior service was 
not included in the calculation.  I told [the applicant] that his SRB would be a 
zone A with a multiple of 1.5.   I did not add his prior Army service into the 
equation.   

YN2 M stated the following:  
 
On  September  29,  2008,  I  was  asked  by  YN2  [S]  to  approve  a  reenlistment 
contract for [the applicant] in Direct Access.  Without seeing the reenlistment 
contract that was to start on September 25, 2008, I went ahead and approved 
the contract. 

SUMMARY OF THE RECORD 

 

 

 

 

On October 21, 2004, the applicant enlisted as a seaman in the regular Coast Guard for a 
term of four years, through October 20, 2008.  He had previously served four years in the Army.  
He attended IT “A” School and advanced to IT3 on November 18, 2005.  From that date until the 
applicant’s sixth active duty anniversary in 2006, the IT3 rating was not authorized an SRB. 

 
The applicant advanced to IT2 on February 1, 2007.  On September 25, 2008, a month 
before his enlistment would end, the applicant reenlisted for six years.  The Coast Guard’s Direct 
Access database and the copy of the reenlistment contract submitted by the applicant both show 
that he was promised a Zone A SRB calculated with a multiple of 1.5 under ALCOAST 286/08, 
even though he was in Zone B because he had more than six years of active duty.  The copy of 
the record submitted by the Coast Guard does not contain a Page 72 documenting SRB counsel-
ing on September 25, 2008. 
 

VIEWS OF THE COAST GUARD 

 
 
On April 6, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion in which he recommended denying the requested relief and granting alternative 
relief.  The JAG stated that although the record supports the applicant’s allegations that he was 
improperly counseled that he would receive a Zone A SRB with a multiple of 1.5, he was eligible 
only for a Zone B SRB calculated with a multiple of 1.0 pursuant to ALCOAST 286/08.  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. of the 
Coast Guard Personnel Manual, Zone B SRBs are available to members who have completed at 
least six but not more than ten years of active service.  Although the JAG recommended denying 
the  relief  requested  by  the  applicant,  he  recommended  that  the  Board  offer  the  applicant  the 
option  of  voiding  the  reenlistment  contract  and  being  expeditiously  discharged,  or  having  his 
record corrected to show that he was eligible for a Zone B SRB with a multiple of 1.0.  The JAG 
noted that if the applicant chooses to be discharged, he will be responsible for reimbursing the 
                                                 
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. 
 

Coast  Guard  for  any  unearned  SRB  payments  already  received  pursuant  to  his  September  25, 
2008, reenlistment contract.  
 

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.  The applicant responded on April 23, 2009, but did not state if he 
agreed with the JAG’s recommendation.  He did, however, note that contrary to the JAG’s asser-
tion, a Page 7 documenting SRB counseling was indeed prepared on September 25, 2008.  He 
provided a copy of this Page 7, which states in pertinent part: 
 
 

I  have  reviewed  Article  3.C.12  of  the  Personnel  Manual  entitled  “Frequently  Asked  SRB 
Questions and Answers.”  I have been informed that: 

My  current  Selective  Reenlistment  Bonus  (SRB)  multiple  is  1.5  and  is  listed  in  ALCOAST 
286/08, which has been made available for my review.   

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.4.a.3.  of  the  manual  states  that  to  receive  a  Zone  A  SRB,  a  member  must 
“[h]ave completed not more than 6 years active service on the date of reenlistment or the date on 
which the extension becomes operative.”  Article 3.C.4.b.3. states that to receive a Zone B SRB, 
a member must “[h]ave completed at least six but no more than ten years of active service on the 
date of reenlistment or the operative date of the extension.” 

 
Article 3.C.7.2. states the following regarding calculation of SRBs: 

When computing the additional obligated service for which SRB can be paid, a fraction of a month 
will be rounded up to the whole month. For example, members discharged 2 months and 10 days 
prior  to  the  expiration  of  their  enlistment,  for  the  purpose  of  immediate  reenlistment,  will  have 
their SRB payment reduced by 3 months. An exception to this rule, however, is members who are 
discharged no more than 7 days early because their period of active obligated service expires on a 
Friday,  Saturday,  Sunday,  or  holiday.  In  such  cases,  members  will  be  considered  to  have  com-
pleted the full enlistment for SRB computation. 
 
Article 3.C.9.1. of the manual states that members who are discharged prior to complet-
ing the period of service for which they were paid an SRB shall have all paid but unearned bonus 
recouped. 

 
Article 3.C.12. of the manual, entitled “Frequently Asked SRB Questions and Answers,” 

 
 

 

 
 

includes the following questions and answers: 

 
Q4. How can I become eligible for a Zone A SRB? 
 

 

Under ALCOAST 286/08, which was in effect from July 16, 2008, through July 15, 2009,  
IT2s in Zone A were authorized an SRB calculated with a multiple of 1.5, while those in Zone B 
were authorized an SRB calculated with a multiple of 1.0.   

 
Under ALCOAST 353/09, which went into effect on July 16, 2009, IT2s in Zone B are 

authorized an SRB calculated with a multiple of 0.5. 
 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions based on the applicant’s mili-

 
 
tary 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.  

A4. The Zone A SRB is paid to petty officers and designated E-3s serving in critical ratings or 
skills who extend their enlistment or reenlist for a minimum of 3 years.  Ratings or skills deemed 
critical for the purpose of assigning an SRB multiple are announced in SRB ALCOAST.  Members 
must  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.    Members  must  have  com-
pleted not more than 6 years active service on the date of reenlistment or the date on which the 
extension becomes operative.  Sorry, only one Zone A SRB to a customer! 
 
Q5. How can I become eligible for a Zone B SRB? 
 
A5. The Zone B SRB is paid only to petty officers second class and above (or E-4s who have been 
approved to change rate from E-5) serving in critical ratings or skills who extend their enlistment 
or reenlist for a minimum of 3 years.  Ratings or skills deemed critical for the purpose of assigning 
an SRB multiple are announced in SRB ALCOAST.  They must have at least 6 years but not more 
than 10 years active service at the time of reenlistment or the date their extension becomes opera-
tive.  Again, they must have completed at least 17 months continuous active service at any point in 
their military career.  Only one Zone B SRB to a customer also! 

The application was timely. 
 

2. 

The applicant has proved by a preponderance of the evidence that although he was 
in Zone B, the Coast Guard erroneously promised him a Zone A SRB calculated with a multiple 
of 1.5 for reenlisting for six years on September 25, 2008.  The applicant was ineligible for a 
Zone A SRB in 2008 because he had more than six years of active duty and so was in Zone B.  
See Personnel Manual, Articles 3.C.4.a.3. and 3.C.4.b.3.  Under ALCOAST 286/08, IT2s in Zone 
B were authorized an SRB multiple of 1.0  However, despite the ALCOAST, the Coast Guard 
erroneously promised the applicant the Zone A SRB with a multiple of 1.5 and documented the 
promise in his electronic record, on his reenlistment contract, and on the required Page 7 SRB 
counseling entry.  All three records were prepared by and in the control of the Coast Guard dur-
ing  the  reenlistment  process,  and  each  preparation  offered  the  Coast  Guard  an  opportunity  to 
discover and correct its mistake, but it failed to do so.   Moreover, the yeoman who made the 
erroneous promise has admitted his errors.  The applicant relied upon the Coast Guard’s experts 
in making his reenlistment decision.  He should not have to bear the brunt of the Coast Guard’s 
error.   

  

3. 

Therefore, the Board finds that the Coast Guard committed an error and a signifi-
cant  injustice  against  the  applicant  by  refusing  to  pay  him  the  SRB  with  the  1.5  multiple  as 
promised in his reenlistment contract and by instead paying him a smaller SRB with a multiple of 
1.0.  The Board will exercise its authority and grant equitable relief by ordering the Coast Guard 
to pay the applicant the SRB calculated with a multiple of 1.5, pursuant to the reenlistment con-
tract, because “equity delights to do justice and not by halves.” Caddington v. United States, 147 
Ct. Cl. 629, 634 (1959); see Boyer v. United States, 81 Fed. Cl. 188, 197 n3 (2008) (noting that 
“a correction board possesses a greater level of discretion when it is asked for equitable relief 
regarding a  putative injustice, than when relief related to factual or legal error is requested.”). 
Furthermore, “[w]hen a board does not act to redress clear injustice, its decision is arbitrary and 
capricious and must be overturned upon review by this court.” Boyer, 81 Fed. Cl. at 194.  And 
“when a correction board fails to correct an injustice clearly presented in the record before it, it is 
acting in violation of its mandate.”  Yee v. United States, 206 Ct. Cl. 388, 397 (1975).  Under the 
circumstances  of  this  case,  making  the  applicant’s  contract  voidable  so  that  he  could  be  dis-
charged  and  have  the  smaller  SRB  he  has been paid recouped, as recommended by the Coast 
Guard, would simply exacerbate the injustice already done to him.  The Secretary, acting through 
the Board, “is obligated not only to properly determine the nature of any error or injustice, but 
also to take ‘such corrective action as will appropriately and fully erase such error or compensate 
such injustice.’” Roth v. United States, 378 F.3d 1371, 1381 (Fed. Cir. 2004) (quoting Cadding-
ton, 147 Ct. Cl. at 632).   

 
4. 

  

The Board notes that in reenlisting the applicant on September 25, 2008, almost a 
whole month before his enlistment ended, the yeoman did him a disservice because SRBs are not 
paid for months of service remaining to run on prior contracts (“previously obligated service”) 
and are only paid for months of service newly obligated under the new contract.  Therefore, the 
applicant’s six-year (72-month) contract dated September 25, 2008, would entitle him to a bonus 
based on only 71 months of newly obligated service because the days from September 25, 2008, 
to October 20, 2008, would be calculated as an entire month of previously obligated service.  See 
Personnel Manual, Article 3.C.7.2. 
 

Accordingly, relief should be granted.  The Coast Guard should correct the appli-
cant’s record by changing the date of his six-year reenlistment contract from September 25, 2008, 
to October 20, 2008, and should pay him a Zone B SRB calculated with the multiple of 1.5 he 
was promised. 
 
 

5. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

The  application  of  IT2  xxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his  military 

record is granted as follows: 

ORDER 

 

 
 

 
 

 
 

 
 

 
  The  Coast  Guard  shall  correct  his  record  by  changing  the  date  of  his  six-year 
reenlistment contract from September 25, 2008, to October 20, 2008, and shall pay him a Zone B 
SRB  calculated  with  a  multiple of 1.5.  The Coast Guard shall pay him any amount due as a 
result of this correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Francis H. Esposito 

 
 
 Darren S. Wall 

 

 
 
 Evan R. Franke