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CG | BCMR | SRBs | 2012-038
Original file (2012-038.pdf) Auto-classification: Denied
 

 

 

 

DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2012-038 
 
XXXXXXXXXXXX.  
xxxxxxxx, OSC 
   

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 13, 
2011,  upon  receipt  of  the  applicant’s  completed  application,  and  assigned  it  to  staff  member  
D. Hale to prepare the decision for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  May  2,  2012,  is  signed  by  the  three  duly  appointed  members 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, a chief operations specialist (OSC) asked the Board to correct his record to 
show  that  he  is  eligible  to  receive  a  Zone  A  selective  reenlistment  bonus  (SRB)1  on  his  sixth 
active  duty  anniversary.    The  applicant  stated  that  he  was  not  counseled  regarding  his 
opportunity to reenlist on the anniversary to receive an SRB.   
 

SUMMARY OF THE RECORD 

 
 
The applicant  reenlisted  in  the Coast  Guard on  June 14, 2002, for a term of four  years, 
with an end of enlistment (EOE) date of June 13, 2006.  Immediately prior to reenlisting he had 
served in the selected reserve (SELRES) and individual ready reserve (IRR) since May 6, 1997, 
and  more  than  four  years  of  active  service  in  the  Coast  Guard  prior  to  reenlisting  on  June  14, 
2002.  His active duty base date is April 14, 1998, and his sixth active duty anniversary is April 
14, 2004.  There is nothing in the record to show that he was counseled regarding his eligibility 
                                                 
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 17 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, Article 3.C.4. 

 

 

 

to reenlist on his sixth anniversary for an SRB. 
 
 
He signed an indefinite reenlistment contract on November 30, 2011. 
 

On February 27, 2006, the applicant reenlisted for six years and received a Zone B SRB.  

VIEWS OF THE COAST GUARD 

 

On May 15, 2012, the Judge Advocate General  (JAG) of the Coast  Guard submitted an 
advisory  opinion  in  which  he  recommended  that  the  Board  grant  conditional  relief.    The  JAG 
recommended  that  the  applicant  be  given  the  option  to  receive  an  SRB  for  his  June  14,  2002, 
reenlistment,  but  cautioned  that  doing  so  would  cause  the  Coast  Guard  to  recoup  from  the 
applicant four months of his previously awarded Zone “B” SRB. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On May 17, 2012, the BCMR sent the applicant a copy of the Coast Guard’s views and 
invited  him  to  respond  within  30  days.    In  his  response  he  stated  that  he  did  not  have  any 
objections to the Coast Guard’s recommendation. 
 

APPLICABLE LAW 

 

Article 3.C.3. of the Coast  Guard Personnel  Manual  requires that all personnel  with  ten 
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  12.B.7.b.  of  the  manual  provides  that  commanding  officers  are  authorized  to 
separate  a  member  three  or  fewer  months  before  the  normal  separation  date  for  the  purpose  of 
reenlistment.   

 
ALCOAST 353/09 was issued on June 12, 2009, and went into effect on July 16, 2009. 

Under ALCOAST 353/09, IS2s in Zone A are eligible for an SRB multiple of 0.8. 

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 section 1552 of title 10 

of the United States Code.  The application was timely. 

 

2.  The applicant alleged that the Coast Guard failed to counsel him that his SRB would 
be reduced by his previously obligated service, and stated that he would have reenlisted for six 
years instead of four if he had known.  Article 3.C.3. of the Personnel Manual requires that the 
Coast Guard provide a member SRB counseling each time they sign a reenlistment or extension 
contract, and there is no Page 7 in the applicant’s record to show that this counseling took place.  
Therefore,  the  applicant  has  proven  by  a  preponderance  of  the  evidence  that  the  Coast  Guard 
committed an error.   

 

 

 
3.  The Board finds that if the applicant had been properly counseled when he reenlisted 
on November 18, 2009, he would have been told that in accordance with Article 3.C.5.6. of the 
Personnel Manual, his SRB would be reduced by the service previously obligated by his March 
20, 2008, 32-month extension contract.  He would have been told that although he signed a four-
year  reenlistment  contract,  he  would  receive  an  SRB  calculated  with  only  15  months  of  newly 
obligated service. 

 
4.  The  JAG  argued  that  relief  should  be  denied  because  there  was  no  need  for  the 
applicant  to  reenlist  on  November  18,  2009.    The  Board  disagrees.    Before  he  signed  his 
reenlistment contract on November 18, 2009, the applicant’s EOE date was December 11, 2009, 
and Article 3.C.5.6. of the manual states that extensions may be canceled prior to their operative 
dates for the purpose of extending or reenlisting for a longer term to earn an SRB.  The operative 
date  of  the  applicant’s  March  20,  2008,  extension  contract  was  December  12,  2009,  so  he  was 
eligible  to  cancel  the  extension  contract  before  December  12,  2009,  and  reenlist  for  an  SRB 
pursuant  to  Article  12.B.7.b.  of  the  manual,  which  states  that  Commanding  officers  are 
authorized to separate a member three or fewer months before the normal separation date for the 
purpose of reenlistment.   

   
5.  Accordingly, partial relief should be granted by correcting the term of the applicant’s 
November 19, 2009, reenlistment contract from four years to six years.   This will allow him to 
receive an SRB calculated with 39 months of newly obligated service.  The applicant’s request to 
receive  an  SRB  calculated  with  48  months  of  newly  obligated  service  for  signing  a  four-year 
reenlistment contract on November 18, 2009, should be denied. 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

 

 

 

ORDER 

The  application  of  xxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his  military  record  is 

 
 
granted in part, as follows:   
 
 
The Coast Guard shall correct his record by changing the term of his November 18, 2009, 
reenlistment contract from four years to six years, to receive a Zone A SRB with a multiple of 0.8 
pursuant  to ALCOAST  353/09.   The Coast  Guard shall pay  him any amount  due as a result of 
this correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Dorothy J. Ulmer 

        

 
 Andrew D. Cannady 

 
 

 

 
 Peter G. Hartman 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 
 

 

 

 

 
 

 

 

 

 

 

 

 



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