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CG | BCMR | SRBs | 2009-258
Original file (2009-258.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 

xxxxxxxxxxxxx 
xxxxxxxxxxxxx 

FINAL DECISION 
BCMR Docket No. 2009-258 

SUMMARY OF THE RECORD 

 

 

The  applicant  asked  the  Board  to  order  the  Coast  Guard  to  pay  him  the  selective 
reenlistment bonus (SRB) that is cited on his June 29, 2009, six-year reenlistment contract.  The 
applicant alleged that he was authorized to reenlist because of the obligated service requirements 
for tuition assistance he had been granted.  However, the Coast Guard, citing ALCOAST 043/03, 
told him that he did not need additional obligated service to accept the tuition assistance and so 
was not authorized to reenlist.  Therefore, the Coast Guard refused to pay him the SRB.  The 
applicant alleged that under the regulations in COMDTINST 5215.6E, ALCOAST 043/03 was 
automatically canceled one year after it was issued, in 2004.  Instead, the applicant alleged, the 
regulation  in  COMDTINST  1500.10B,  issued  in  1992,  was  valid,  and  it  required  one  year  of 
obligated service to receive tuition assistance.  Therefore, because his prior enlistment was due to 
end on January 5, 2010, he needed to obligate additional service to accept the tuition assistance 
in June 2009 and, under Article 3.C.5.5. of the Personnel Manual, was authorized to reenlist for a 
longer period to receive an SRB. 
 
 
The  applicant’s  military  record  shows  that  he  enlisted  for  4  years  on  January  9,  2001; 
extended that enlistment for 1 year; and on January 6, 2006, reenlisted for 4 years for a Zone A 
SRB through January 5, 2010.  In addition, the Coast Guard has entered the June 29, 2009, 6-year 
reenlistment  contract  in  his  record  with  a  promise  of  a  Zone  B  SRB  multiple  of  1.2  under 
ALCOAST  353/09  (although  ALCOAST  286/08  was  then  in  effect)  but has not paid him the 
Zone B SRB.  
 

The  Judge  Advocate  General  (JAG)  of  the  Coast  Guard  recommended  that  the  Board 
deny the applicant’s request.  The JAG noted the regulations cited by the applicant in ALCOAST 
043/03 and COMDTINST 1500.10B but offered no explanation as to why the ALCOAST rules 
apply rather than those in the instruction.  The JAG further stated that the class for which the 
applicant  received  tuition  assistance  ended  on  December  19,  2009,  and  so  under  ALCOAST 
043/03,  he  already  had  sufficient  obligated  service  to  accept  the  tuition  assistance  and  was 
therefore not authorized to reenlist. 

 
In response to the JAG’s recommendation, the applicant stated that his command relied 
on COMDTINST 1500.10B in advising him of the one-year obligated service requirement and 
the opportunity under Article 3.C.5.5. to reenlist for an even longer period for an SRB.  He noted 
that this instruction was accessible to his command through the Coast Guard Directives System, 
whereas ALCOAST 043/03 was not and that the accessible rule should apply.  He argued that he 
“should  not  be  penalized  for  the  lack  of  ability  of  the  CG  to  properly  update  the  manuals 
available through CG Central.”  The applicant noted that after he reenlisted to receive an SRB, 

the  Coast  Guard  updated  the  Directives  System  to  include  the  new  manual,  COMDTINST 
1500.10C, which reflects the rule under ALCOAST 043/03. 
 

FINDINGS AND CONCLUSIONS  

COMDTINST M1500.10C was issued on May 18, 2009, and section 11.H.2.d.(2) states 
that  enlisted  members  receiving  tuition  assistance  “do  not  incur  a  service  obligation  but  must 
complete  the  course  of  instruction  prior  to  RELAD,  separation or retirement.”  Therefore, the 
applicant did not need additional obligated service to accept the tuition assistance, and since he 
was not within 3 months of his end of enlistment or his 6th or 10th active duty anniversary, his 
commanding officer had no authority under the Personnel Manual to discharge and reenlist him.  
See Personnel Manual, Arts. 12.B.7. and 3.C.5.5.  Therefore, he has proved by a preponderance 
of the evidence that in June 2009 his command erroneously counseled him about his eligibility to 
reenlist for an SRB.   

 
The question is what remedy is appropriate.  With an erroneous promise of an SRB that 
the Coast Guard has refused to honor, the reenlistment contract is clearly voidable.  However, the 
applicant asks to be paid the SRB instead.  He had already obligated service through January 5, 
2010, so he has now served about 6 months of active duty that he might not have served had he 
not been erroneously promised the SRB.  On the other hand, with more than 8 years of service, 
the applicant was already in “career status” in June 2009, and he has not requested discharge or 
claimed  that  he  would  have  left  active  duty  but  for  the  promise  of  the  bonus.    Because  the 
promise of the SRB is written on the reenlistment contract, because the Coast Guard has enforced 
the contract, and because the applicant has already served 6 months that he might not have served 
had he not been promised the SRB, the Board finds that in the interest of justice, the SRB should 
be paid. 
 

ORDER 

The military record of BM1 xxxxxxxxxxxxxxxxxxxx, USCG, shall be corrected to show 
that he is eligible for and entitled to a Zone B SRB under ALCOAST 286/08 for his June 29, 
2009, 6-year reenlistment contract.  The Coast Guard shall pay him the amount due as a result of 
this correction. 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 
 Julia Andrews 

 

 
 Lillian Cheng 

 

 

 
 
 Paul B. Oman 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
July 8, 2010 
Date 
 
 
 
 
 
 
 
 
 
 

 
 

 
 



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