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
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.
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The Coast Guard paid him the SRB based on only 11 months of newly obligated service because in February 2008, the applicant had signed a 36-month extension contract to obligate service to accept transfer orders. of the Personnel Manual, the applicant could not accept his transfer orders without signing at least a three-year extension.6 The...
UNITED STATES COAST GUARD, COMDT- INST M1000.6A, PERSONNEL MANUAL, Art. of the Personnel Manual, he would have reenlisted on October 2, 2009, so that he would be entitled to the SRB and not have any previously obligated service remaining to run on his prior enlistment, which would reduce his SRB.10 The Board notes that the applicant asked to be reen- 8 UNITED STATES COAST GUARD, COMDTINST M1000.6A, PERSONNEL MANUAL, Art. However, the Coast Guard transferred the applicant with only one year...
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,...
of the Coast Guard Personnel Manual states that to receive a Zone A SRB, the member cannot have previously received a Zone A SRB. The counseling was erroneous because the applicant received a Zone A SRB for his September 22, 2001, reenlistment, and pursuant to Article 3.C.4.a.6. Therefore, the Board finds that if the applicant had received proper SRB counseling in accordance with Article 3.C.3., he would have (a) extended his enlistment for 23 months instead of reenlisting in July 2003 and...
The JAG recommended that the Board authorize payment of the SRB for the extension contract. of the Personnel Manual states that to be eligible for a Zone B SRB, the member must “[h]ave completed at least 6 but not more than 10 years active service on the date of reenlistment or the operative date of the extension.” Article 3.C.2.6. states that the operative date is “[t]he date the extension begins to run.” In addition, Article 1.G.19.
2 Obligated service refers to all periods of military service covered by signed agreements in the form of enlistment contracts, reenlistment contracts and/or agreements to extend enlistment between Coast Guard members and the U.S. Coast Guard where members agree to serve for designated periods of time. When he received transfer orders in June 2003, the applicant should have been required to obligate sufficient service to complete a full tour of duty (four years) before accepting the...
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