DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2009-117 
 
XXXXXXXXXXXX 
xxxxxxxx, FS2/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 after receiving the applicant’s 
completed application on April 6, 2009, 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 December 4, 2009, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 

 
 

 

 

The applicant, a foodservice specialist, second class (FS2), alleged that he was not coun-
seled regarding his eligibility for a Zone A selective reenlistment bonus (SRB)1 on his 6th active 
duty anniversary, April 6, 1999.2  Although he complained about the Coast Guard’s failure to 
counsel him on his 6th anniversary, the applicant did not expressly ask the Board to correct his 
record to show that he reenlisted on his 6th anniversary.   

 
The applicant did, however, ask the Board to correct his record by replacing his January 
31, 2002, six-year reenlistment contract with a five-month extension contract.  He alleged that 
when he signed the January 31, 2002, reenlistment contract to obligate sufficient service for a 

                                                 
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 Within 90 days prior to 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 one is authorized for his rating and the member has not already received one.  The 
member must be counseled about this opportunity, and the counseling must be documented on a Page 7.  Personnel 
Manual, Article 3.C.5.9. 

transfer to a new unit, he was counseled that he was eligible to receive a Zone B SRB.  However, 
he was not eligible because he was still an FS3 at the time, and only FS2s and above are eligible 
for Zone B SRBs.  He alleged that if he had known that he was not eligible for a Zone B SRB, he 
would not have reenlisted for six years but would have instead signed a five-month extension 
contract, which was the minimum amount of service he needed to obligate for the transfer.  The 
applicant stated that correcting his January 31, 2002, contract from a six-year reenlistment to a 
five-month extension will allow him to receive a larger Zone B SRB for the six-year reenlistment 
contract that he signed on April 4, 2003, for his 10th active duty anniversary.  In support of his 
allegation that he was erroneously counseled that he would receive a Zone B SRB, the applicant 
submitted  a  copy  of  his  January  31,  2002,  six-year  reenlistment  contract,  which  states, 
“MEMBER ENTITLED TO ZONE B SRB.”   
 

SUMMARY OF THE RECORD 

 

On February 23, 1999, the applicant enlisted in the Coast Guard as an FS3 for a term of 
four years, through February 22, 2003.  His 6th anniversary on active duty was April 6, 1999, 
because he had previously served nearly six years in the U.S. Army.  There is no Page 7 in his 
record to document SRB counseling on his 6th anniversary.   

 
In December 2001, the applicant received orders to transfer to a new unit, Station Port 
Canaveral,  Florida,  on  July  1,  2002.    On  January  31,  2002,  he  signed  a  six-year  reenlistment 
contract, and the contract  states, “MBR ENTITLED TO ZONE B SRB.”  There is no Page 73 in 
the  record  to  document  that  the  applicant  was  counseled  regarding  his  SRB  eligibility.    The 
applicant did not receive this SRB. 

 
The applicant’s 10th active duty anniversary was April 6, 2003, and on April 4, 2003, he 
signed a six-year reenlistment contract and received a Zone B SRB calculated with 14 months of 
newly obligated service.  His SRB was calculated with only 14 months of service because it was 
reduced  by  the  service  previously  obligated  under  his  January  31,  2002,  six-year  reenlistment 
contract.  The applicant signed an indefinite reenlistment contract on May 28, 2008.4 
 

VIEWS OF THE COAST GUARD 

 
 
On August 18, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion and recommended that the Board grant relief.  The JAG stated that the Coast 
Guard failed to counsel the applicant regarding his eligibility for a Zone A SRB on his 6th active 
duty anniversary, and noted that it is believable the applicant would have reenlisted on the anni-
versary if he had been properly counseled.  However, the JAG did not recommend that the Board 
reenlist the applicant on his 6th anniversary.  The JAG also stated that the applicant was errone-
ously counseled that he was eligible to receive a Zone B SRB for signing a six-year reenlistment 
contract on January 31, 2002.  The JAG recommended that the Board grant relief by cancelling 

                                                 
3  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. 
4  Members  who  have  10  or  more  years  of  active  service  reenlist  for  an  indefinite  period  of  time.    Indefinite 
reenlistments are for an indefinite period up to a member’s 30-year active duty anniversary date.  Article 1.G.2.A. of 
the Personnel Manual. 

the January 31, 2002, six-year reenlistment contract and correcting the record to show that the 
applicant signed a two-month extension contract on January 31, 2002.   
 

RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On August 21, 2009, the Chair sent the applicant a copy of the views of the Coast Guard 
and invited him to respond within 30 days.  The applicant responded on August 25, 2009, and 
agreed with the Coast Guard’s recommendation.   
 

APPLICABLE LAW 

 

Under  COMDTINST  7220.33,  which  contained  the  SRB  regulations  until  they  were 
entered  in  Article  3.C.  of  the  Personnel  Manual  in  October  2002,  and  Article  3.C.5.9.  of  the 
Personnel  Manual,  commanding  officers  are  authorized  to  effect  early  discharge  and  reenlist 
members within three months prior to their 6th and 10th active duty anniversaries for the purpose 
of qualifying for an SRB if one is authorized for their rating.   

 
Under  both  COMDTINST  7220.33  and  Article  3.C.4.  of  the  Personnel  Manual,  third 
class  petty officers in pay grade E-4 (such as an FS3) are eligible for Zone A SRBs if one is 
authorized  for  their  skill  rating  under  the  ALCOAST  in effect.  However, to be eligible for a 
Zone B SRB, a member must be at least a second class petty officer in pay grade E-5 (such as an 
FS2). 

 
COMDTINST 7220.33 and Article 3.C.11. of the Personnel Manual require that a Page 7 
entry  regarding  counseling  about  SRB  eligibility  be  made  in  a  member’s  record  within  three 
months  prior  to  his  or  her  6th  and  10th  anniversaries  and  whenever  the  member  reenlists  or 
extends an enlistment. 

 
ALDIST 290/98 was issued on November 25, 1998, and was in effect from November 25, 
1998, through June 14, 1999.  Under ALDIST 290/98, FS3s were eligible for a Zone A SRB cal-
culated with a multiple of 2.0. 

 
ALCOAST 127/01 was issued on March 27, 2001 and was in effect from May 1, 2001, 
through January 31, 2002.  ALCOAST 127/01 states that after October 1, 2001, the Zone B SRB 
multiple authorized for members in the FS rating was 1.0. 

 
ALCOAST 329/02 was issued on July 3, 2002, and was in effect from August 5, 2002, 
through June 30, 2003.  Under ALCOAST 329/02, FS2s were eligible for a Zone B SRB calcu-
lated with a multiple of 1.0. 
 

 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 submission, and applicable law: 
 

The application was timely.5 

1. 

 
2. 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.  

3. 

The applicant alleged that he was not counseled about his eligibility to reenlist on 
his 6th active duty anniversary, April 6, 1999, to receive an SRB.  There is no Page 7 in his record 
to document that he was counseled, as was required under COMDTINST 7220.33.  Therefore, 
the applicant has proved by a preponderance of the evidence that he was not properly counseled 
about his eligibility for a Zone A SRB on that day.  The Board finds that if he had been coun-
seled, he might well have elected to be discharged and immediately reenlisted on his 6th anniver-
sary to receive a Zone A SRB calculated with a multiple of 2.0 pursuant to ALDIST 290/98.   
 

The Board notes that because the applicant had enlisted in the Coast Guard for 
four years on February 23, 1999, he had already obligated service through February 22, 2003, and 
SRBs  are  only  paid  for  whole  months  of  service  newly  obligated  under  the  new  reenlistment 
contract.6  Therefore, if he had reenlisted for four years on his 6th anniversary—from April 6, 
1999, through April 5, 2003, his Zone A SRB calculated with a multiple of 2 would have been 
based on only one whole month of newly obligated service—from February 23, 2003, through 
March 22, 2003.  If he had elected to reenlist for six years on his 6th anniversary—from April 6, 
1999, through April 5, 2005, his Zone A SRB would have been calculated based on 25 months of 
newly obligated service. 
 

5. 

4. 

The applicant also alleged that the Coast Guard erroneously counseled him that he 
was eligible to receive a Zone B SRB for signing a six-year reenlistment contract on January 31, 
2002.  The contract clearly shows that he was promised the SRB even though he was not eligible 
because he was still an FS3, and under COMDTINST 7220.33 and Article 3.C.4 of the Personnel 
Manual,  only  second  class  petty  officers  in  pay  grade  E-5  and  above  are  eligible  for  Zone  B 
SRBs.  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.  Therefore, the 
January 31, 2002, reenlistment contract should be removed from the applicant’s record as null 
and void. 
 

If the applicant had reenlisted for four years on his 6th anniversary—from April 6, 
1999, through April 5, 2003—he would not have needed to reenlist or extend his original enlist-
ment in 2002, and his 6th anniversary four-year reenlistment would have ended the day before his 
10th anniversary, April 6, 2003, allowing him to reenlist for six years on his 10th anniversary (as 
he in fact did) but to receive an SRB based on all 72 months of newly obligated service under the 
10th anniversary contract.  Therefore, he would have received, as explained in finding 3, a Zone 
A SRB as an FS3 calculated with a multiple of 2 based on one month of newly obligated service 
for his 6th anniversary contract and a Zone B SRB as an FS2 calculated with a multiple of 1.0 
based on 72 months of newly obligated service for his 10th anniversary contract.  The applicant’s 
monthly basic pay as an FS3 in 1999 was $1,428.607 and his basic pay as an FS2 in 2003 was 
                                                 
5  Although  the  application  was  not  filed  within  three  years  of  the  applicant’s  failure  to  receive  the  SRB  he  was 
promised on January 31, 2002, it is considered timely under Detweiler v. Pena, 38 F.3d 591, 598 (D.C. Cir. 1994) 
(holding that, under § 205 of the Soldiers’ and Sailors’ Civil Relief Act of 1940, the BCMR’s three-year limitations 
period under 10 U.S.C. § 1552(b) is tolled during a member’s active duty service). 
6 COMDTINST 7220.33; Personnel Manual, Art. 3.C.7. 
7 See http://www.defenselink.mil/specials/paycharts/99BasPay.html. 

6. 

$2,151.90.8  Therefore, under the SRB calculation provided in COMDTINST 7220.33 and Arti-
cle 3.C.7. 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 and for six years on his 10th anniversary, 
his  Zone  A  SRB  would  be  $238.10  and  his  Zone  B  SRB  would  be  $12,911.40  for  a  total  of 
$13,149.50. 
 

On the other hand, if the applicant had reenlisted for six years on his 6th anniver-
sary—from  April  6,  1999,  through  April  5,  2005—he  would  not  have  needed  to  reenlist  or 
extend his original enlistment in 2002, and he would have received a Zone A SRB based on 25 
whole months of newly obligated service, from the end of his original enlistment, February 23, 
2003,  through  March  22,  2005.    Then his six-year reenlistment on his 10th anniversary would 
have entitled him to a Zone B SRB based on 48 months of newly obligated service from the end 
of his 6th anniversary contract, April 6, 2005, through April 5, 2009.  Therefore, under the SRB 
calculation provided in COMDTINST 7220.33 and Article 3.C.7. of the Personnel Manual, if the 
applicant had reenlisted for six years on his 6th anniversary and for six years on his 10th anniver-
sary, his Zone A SRB would have been $5,952.50 and his Zone B SRB would be $8,607.60, for a 
total of $14,560.10. 
 

7. 

The Coast Guard erred twice in this case, first by failing to counsel the applicant 
about his SRB eligibility on his 6th active duty anniversary and then by erroneously promising 
him a Zone B SRB on January 31, 2002, which induced him to reenlist for six years on that date 
and greatly reduced the SRB he received for reenlisting on his 10th anniversary in 2003.  There-
fore, the Board finds that the applicant’s record should be corrected so that he will be entitled to 
the greatest total SRB that he could have received had he been properly counseled about his SRB 
eligibility in 1999 and 2002.  
 

Accordingly, relief should be granted by (a) correcting the applicant’s record to 
show that he signed a six-year reenlistment contract on his 6th active duty anniversary, April 6, 
1999, to receive a Zone A SRB in accordance with ALDIST 290/98 and (b) removing his January 
31, 2002, six-year reenlistment contract from his record as null and void.  These corrections will 
increase  the  amount  of  the  Zone  B  SRB  to  which  the  applicant  is  entitled  under  ALCOAST 
329/02 for his April 4, 2003, six-year reenlistment and will also entitle him to the Zone A SRB 
under ALDIST 290/98.  

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

8. 

 

 
 

                                                 
8 See http://www.militarypay.com/military-pay-chart/2003-military-pay.html. 

The application of XXXXXXXXX, xxxxxxx, USCG, for correction of his military record 

ORDER 

 

 

is granted as follows:   

 
The Coast Guard shall correct his record to show that he reenlisted for six years on his 6th 
active duty anniversary, April 6, 1999, to receive a Zone A SRB.  The Coast Guard shall also 
remove the January 31, 2002, six-year reenlistment contract from his record as null and void.   

 
The  Coast  Guard  shall  pay  him  the  amounts  due  under  ALCOAST  290/98  and 

ALCOAST 329/02 as a result of these corrections. 
 
 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 

        

 
 Nancy L. Friedman 

 

 

 
 Patrick B. Kernan 

 

 

 
 George A. Weller