DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2007-098 
 
XXXXXXXXXXXX 
xxxxxxxx, BM1 

 

 
 

 

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 on  February 23, 2007, upon 
receipt of the applicant’s completed application, 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 November 29, 2007, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, a boatswain’s mate first class (BM1), asked the Board to correct his record 
to show that he is entitled to an $8,000 bonus for signing a six-year reenlistment contract for the 
Coast  Guard  Selected  Reserve  (SELRES)  on  March  9,  2006.    He  alleged  that  his  recruiter 
promised him the bonus and that the promise was documented with a Page 7.1  He further alleged 
that his recruiter “checked with two other people” with respect to the bonus, and both of them 
confirmed his eligibility for the bonus.  In support of his application, he stated that the “bonus 
was an integral part of my enlistment.  It favored my decision to reenlist in the Coast Guard over 
the Army.  I counted on the bonus to help me provide for me and my family…”  The applicant 
also alleged that he openly disclosed to his recruiter the fact that he had previously received a 
bonus from the Coast Guard when he enlisted in the SELRES in 1998.  Finally, he stated that he 
did  not  discover  that  he  was  not  going  to  receive  the  bonus  until  nearly  six  months  after  he 
signed the reenlistment contract. 
 

SUMMARY OF THE RECORD 

The applicant served in the Coast Guard Reserve from June 19, 1990, through October 
16, 1994.  He enlisted on active duty in the U.S. Army on October 17, 1994, and was honorably 

                                                 
1  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. 

discharged  on  October  16,  1998.    On  December  10,  1998,  he  reenlisted  in  the  Coast  Guard 
SELRES for a term of six years, through December 9, 2004, and received a bonus.   

 
On  November  12,  1999,  the  Coast  Guard  prepared  a  Statement  of  Creditable  Service 
(SOCS)2 for the applicant.  It indicates that he had four years, five months, and 12 days of “total 
creditable active duty” and nine years, one month, and 19 days of “total creditable service for 
pay.”3   
 
Between  January  2006  and  March  2006,  the  applicant  discussed  the  possibility  of 
reenlisting in the Coast Guard SELRES with MSTC R, a recruiter at the applicant’s local Coast 
Guard  recruiting  office.    MSTC  R  was  a  temporary  reserve  recruiter  serving  on  three-year 
extended active duty orders.   

 
On March 9, 2006, the applicant reenlisted in the Coast Guard SELRES for a term of six 
years by signing a reenlistment contract and a Page 7 prepared by MSTC R.  The contract does 
not mention a bonus or integrate any document promising a bonus, but the Page 7 signed by the 
applicant and his recruiter states the following: 

 
I  have  been  advised  that  I  am  currently  eligible  for  a  Level  ______Selective 
Reserve (SELRES) Reenlistment/Extension Bonus in the amount of $  8,000  for 
assignment to the following rating or unit:   BM1  .  I am eligible to enlist for a 
maximum  of              6            years.    My  bonus  will  be  computed  based  on  _  72    
months of obligated SELRES service.  
 
I  hereby  acknowledge  that  I  have  read  and  fully  understand  the  contents  and 
explanation of Chapter 3.E, Personnel Manual, COMDTINST M1000.6A (series).  
I have been counseled on the opportunity to contribute my SEBP payment to the 
Thrift Savings Plan (TSP). 

 
 
The  applicant’s  record  also  contains  a  statement  written  by  MSTC  R  regarding  the 
applicant’s  reenlistment  and  the  confusion  surrounding  the  SELRES  bonus.    In  the  statement 
dated October 12, 2006, and addressed to the recruiter in charge (BMC D), MSTC R stated that 
he began the enlistment process of the applicant, which took “several months,” thinking that the 
applicant was eligible for a SELRES bonus because he had determined that the applicant had less 
than 13 years of time in service (TIS).  He further stated that prior to reenlisting the applicant he 
e-mailed YNCS S, who “confirmed bonus eligibility.”4  During a phone call with a member of 
the BCMR staff, BMC D stated that as the recruiter in charge and MSTC R’s supervisor, he had  
“signed-off”  on  the  applicant’s  reenlistment  and  bonus.    Finally,  MSTC  R  stated  that  after 
confirming the applicant’s bonus eligibility with YNCS S, he submitted a “reservation” for the 
applicant “requesting an $8,000 signing bonus, which was approved.”   

                                                 
2 A Statement of Creditable Service verifies and validates all periods of prior military service (all branches) and sea 
service to adjust a member’s Pay Base Date (PBD), Active Duty Base Date (ADBD), or cumulative sea service time.  
Chapter 2.A. of the Coast Guard Pay Manual. 
3 On October 24, 2007, the JAG stated that the only SOCS in the applicant’s record is the one dated November 12, 
1999. 
4 YNC S is the Regional Supervisor at Coast Guard Recruiting Command.  He stated to a member of the BCMR 
staff that he does not approve/disapprove bonuses, but may have had a conversation with the recruiter regarding the 
applicant’s eligibility to reenlist. 

 
 
MSTC  R  also  noted  that  after  he  prepared  the  applicant’s  enlistment  paperwork,  he 
recalculated the applicant’s TIS and determined that, in fact, he was not eligible for the SELRES 
bonus  because  he  had  more  than  “13.38”  years  of  previous  service.    However,  MSTC  R  had 
already  submitted  the  applicant’s  reenlistment  paperwork  for  processing.    Regarding  the 
confusion surrounding the calculation of the applicant’s prior service, MSTC R stated that: 
 

I do not feel that BM1 ever tried to mislead me or withhold information regarding 
his  prior  service.    The  DD-214s  and  the  recruiting  manual  are  easy  to 
misread/misunderstand.  I initiated the bonus based on incomplete and inaccurate 
information,  and  as  new  information  became  available,  I  did  not  connect  that 
information with bonus eligibility. 
 
MSTC  R  also  stated  in  an  October  13,  2006,  e-mail  to  the  applicant  that  he  had 
referenced ALCOAST 056/06 in determining his eligibility for the bonus, and that he was “sorry 
for the error.”5   

 
According  to  the  applicant,  it  was  six  months  after  signing  the  reenlistment  contract 
before the Coast Guard notified him that he would not be receiving the bonus.  He stated that he 
did not receive the bonus because the Coast Guard determined that he was not eligible for one at 
the time of his reenlistment.     
    

VIEWS OF THE COAST GUARD 

 

On July 11, 2007, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory  opinion  and  recommended  that  the  Board  deny  the  relief  requested  but  grant  the 
applicant alternate relief.  The JAG stated that the applicant was erroneously promised that he 
would receive an $8,000 SELRES bonus.  The JAG stated that per Enclosure (1) of Article 2.d. 
of Commandant Instruction 7220.1A, the applicant was not eligible for the bonus because he had 
previously  received  a six-year SELRES bonus for his December 10, 1998, reenlistment in the 
SELRES.  The JAG did not address the applicant’s amount of prior service and its effect on his 
March 2006 eligibility for the SELRES bonus.     

 
The  JAG  recommended  that  the  Board  offer  the  applicant  two  options.    First,  the 
applicant  could  have  his  record  corrected  by  voiding  the  reenlistment  contract  and  be 
immediately discharged from the Reserve.  As a second option, the JAG recommended that the 
applicant could maintain the status quo and continue to serve in the SELRES without eligibility 
for the bonus.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On July 23, 2007, the Chair sent a copy of the JAG’s advisory opinion to the applicant 

 
 
and invited him to respond.  In his response, the applicant asserted the following: 
 

                                                 
5 MSTC R is apparently referring to the error he made in determining the applicant’s eligibility for a bonus. 

By me reenlisting I am committing six more years of my life to serve in the Coast Guard.  
At a minimal I will give up weekends and time away from my family while on active 
duty training and in schools away from home. 
 
Most likely my sacrifice will be greater.  In the past I was not there for the birth of my 
youngest child or by my wife’s side when she faced surgery.  I was away at war serving 
in combat operations in Iraq.  Given the current state of conditions I know that I may be 
called again to serve away from home in defense of this nation. 
 
Military service equates to sacrifice.  I will sacrifice time away from my wife and young 
children.  I will miss periods of time in my childrens’ life and I will continue to work in a 
job which puts me in harm’s way.  My compensation for my sacrifice is my pay and the 
reenlistment bonus I was promised. 
 
After  reenlisting,  the  Coast  Guard  stated  that  I  was  ineligible  for  the  promised  bonus 
because I have too much time in service.  I was told that the Coast Guard made a mistake 
and  therefore  I  would  not  receive  the  bonus.    A  statement  of  creditable  service  was 
completed and I was told that I had 14 years, 11 months, and 20 days.  However, the 
enlistment  paper  work  showed  me  to  have  13.48  years.    Finally,  the  Coast  Guard’s 
advisory  opinion  states  that  I  have  approximately 13 years, 3 months, and 29 days.  I 
have  lost  faith  in  the  Coast  Guard’s  ability  to  properly  calculate  my  time  in  service.  
During  the  process  I  even  provided  the  Coast  Guard  with  all  my  DD-214s  and  other 
supporting paper work as requested. 

Now the Coast Guard in the advisory opinion has sidestepped the time in service issue 
and stated that I’m simply ineligible to receive a bonus because I received a smaller one 
in the past.  Another mistake by the Coast Guard.  The bottom line is I was promised a 
bonus which I have not received as part of my compensation for my enlistment. 
 

 

▪ 

 
▪ 

 

APPLICABLE LAW 

 

COMDTINST 7220.1A provides the policies governing the SELRES bonus program and 

 
provides guidance for administering the program.  It went into effect on February 5, 1998. 
 
 
criteria for members reenlisting in the SELRES.  The applicable sections are as follows: 
 

Article  2  of  Enclosure  (1)  to  COMDTINST  7220.1A  provides  the  bonus  eligibility 

Article 2.b. provides that total length of service for a member enlisting in 
the  SELRES  for  a  bonus  must  be  less  than  14  years  at  the  time  of 
enlistment.6   

Article 2.d. states that to receive a SELRES bonus, the member “must not 
have  previously  received  a  six-year  bonus  or  more  than  one  three-year 
bonus  for  enlistment,  reenlistment,  affiliation,  or  extension  in  ANY 
reserve component.” 

                                                 
6 Article 2.b. provides that “total prior service at date of enlistment is the total active and inactive service, regardless 
of branch, computed from Pay Base Date (PBD) to preceding Expiration of Service (EOS).  NOTE:  Inactive service 
covers all periods of inactive duty served under a qualifying enlistment.”  

Article 2.g. provides that the  member must  sign an acknowledgement of 
SRB counseling.  The sample acknowledgment includes this sentence:  

“I hereby acknowledge that I have read and fully understand the contents 
and explanation of COMDTINST 7220.1 (series).” 

 
ALCOAST  056/06  was  issued  on  February  1,  2006,  and  announced  eligibility  and 
amounts paid for enlistments into the SELRES.  Paragraph 5 of the ALCOAST states that “[d]ue 
to the current high rate of retention, no reenlistment/extension bonus is offered at this time.” 7 
 

▪ 

 
 

PREVIOUS BCMR DECISIONS 

 
 
In  BCMR  Docket  No.  1999-027,  the  applicant  had  been  promised  a  $2,000  Reserve 
enlistment bonus by her recruiter.  However, when she finished recruit training, the Coast Guard 
refused to honor that promise because she was technically ineligible for the bonus since she had 
never graduated from high school.  The Chief Counsel recommended that the Board grant the 
applicant’s request.  He argued that, although the government is not estopped from repudiating 
erroneous advice given by its officials, relief should be granted because the bonus was promised 
her,  she  provided  due  consideration  for  it,  and  acted  promptly  when she discovered the error.  
The Board granted the applicant’s request. 
 
 
In BCMR Docket No. 2005-117, the applicant was promised a $4,000 enlistment bonus 
by his recruiter.  He did not receive the bonus because the Coast Guard determined that he was 
not eligible because he had not enlisted in a critical rating or a rating assigned to a critical unit.  
Although  the  JAG  recommended  denying  relief,  the  Board  granted  relief,  finding  that  it  was 
likely that the recruiter promised the applicant the bonus as an enticement to enlist in a particular 
rating  and  to  accept  an  assignment  to  Group  Long  Island  Sound.    The  Board  stated  that, 
whenever reasonable, such promises should be kept, especially when the member relies on the 
erroneous advice and gives due consideration for the promised benefit. 
 
 
In BCMR Docket No. 2004-063, the applicant stated that after more than eight years on 
active duty, he enlisted in the SELRES and was promised a SELRES enlistment bonus of $50 per 
month of his remaining service obligation.  His contract noted that he was “entitled to SELRES 
SRB as per ALCOAST 192/03.”  However, that ALCOAST clearly authorized bonuses only for 
members being released to the Reserve, not for those being discharged and choosing to enlist in 
the  SELRES.    The  JAG  recommended  that  the  Board  deny  the  requested  relief  but  allow  the 
applicant,  at  his  direction,  to  be  honorably  discharged  for  “Defective  Enlistment  Agreement,” 
with a KDS separation code8 and an RE-1 reenlistment code.  The Board noted that the applicant 
was  an  experienced  member  of  the  regular  Coast  Guard  and  that  even  a  cursory  review  of 
ALCOAST 192/03 showed that he was not eligible for the SELRES bonus.  Because the bonus 
was noted in the enlistment contract, the Board found the contract to be voidable and granted the 
relief recommended by the JAG. 
                                                 
7  MSTC  R  stated  that  he  referred  to  Paragraph  3.A.  of  ALCOAST  056/06  to  determine  the  applicant’s  bonus 
eligibility.  However, paragraph 3.A. refers to the enlistment of prior service personnel, and not the reenlistment of 
prior service personnel. 
8  Under the Separation Program Designator (SPD) Handbook, a KDS code denotes a “voluntary discharge allowed 
by established directive resulting from non-fulfillment of service contract.” 

 

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 submissions, and applicable law: 
 

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

1. 

The application was timely. 
 

 

 
4. 

2. 

The  Board  finds  that  the  Coast  Guard  erred  when  the  recruiter  promised  the 
applicant  that  he  would  receive  an  $8,000  SELRES  bonus  for  signing  a  six-year  reenlistment 
contract  on  March  9,  2006.    The  Page  7  prepared by the recruiter,  also dated March 9, 2006, 
clearly states that the applicant is eligible to receive an $8,000 SELRES bonus.  However, the 
applicant was ineligible for the bonus in three ways:  

a)    The  applicant  had  already  received  a  SELRES  bonus  for  signing  a  six-year 
reenlistment  contract  for  the  SELRES  on  December  10,  1998.    Pursuant  to  Article  2.d.  of 
Enclosure  (1)  to  COMDTINST  7220.1A,  a  member  cannot  receive  a  SELRES bonus  if  he 
previously  received  “a  six-year  bonus  or  more  than  one  three-year  bonus  for  enlistment, 
reenlistment, affiliation, or extension in ANY reserve component.”     
 

The applicant was not enlisting in the SELRES, but reenlisting.  Paragraph 
5  of  ALCOAST  056/06  states  that  “due  to  the  current  high  rate  of  retention,  no 
reenlistment/extension  bonus  is  offered  at  this  time.”    If  the  recruiter  had  properly  read 
ALCOAST  056/06,  he  would  have  determined  that  the  applicant  was  not  eligible  for  a 
reenlistment bonus. 
 

b) 

c) 

The applicant had more than 14 years of active service when he signed the 
reenlistment  contract.9    Under  Article  2.b.  of  Enclosure  (1)  to  COMDTINST  7220.1A,  only 
members with less than 14 years of total prior service were eligible for the bonus.  The recruiter 
admitted that he miscalculated the applicant’s total prior service, stating that “[t]he DD 214s and 
the recruiting manual are easy to misread/misunderstand.”   
 

The Board also notes that the Page 7 in the applicant’s record cites a non-existent 
article  of  the  Personnel  Manual,  Article  3.E.,  as  having  been  read  and  understood  by  the 
applicant.    The  Reserve  enlistment  and  reenlistment  bonus  regulations  are  contained  in 
COMDTINST 7220.1.A. 

3. 

The  recruiter  clearly  failed  to  pay  any  attention  to  the  rules  and  promised  the 
applicant  an  $8,000  bonus  for  which  he  was  not  eligible.    Although  the  Government  is  not 
estopped from repudiating the bad promises made by its employees,10 the Board believes that, 
                                                 
9 The Board has been unable to obtain a current SOCS for the applicant.  However, in his response to the AO, the 
applicant acknowledged that at the time of his 2006 reenlistment he had more than 14 years of prior service. 
10 Montilla v. United States, 457 F.2d 978 (Ct. Cl. 1972); Goldberg v. Weinberger, 546 F.2d 477 (2d Cir. 1976), 
cert. denied sub nom Goldberg v. Califano, 431 U.S. 937 (1977).   
 

whenever reasonable, such promises should be kept, especially when the member relies on the 
erroneous advice of a chief petty officer and gives due consideration for the promised benefit, 
i.e., a six-year reenlistment in the Coast Guard Reserve.  There is no evidence that the applicant 
would have reenlisted for six years but for the promise of an $8,000 bonus.  In fact, the applicant 
stated  that  the  bonus  was  a  big  factor  in  deciding  to  enlist  in  the  Coast  Guard  instead  of  the 
Army.  Discharging him nearly two years later, as recommended by the JAG, would not correct 
the error or remove the injustice that has been done.  The Board finds that the Coast Guard’s 
recommended corrections are inadequate to remedy the injustice committed in this case as they 
would not provide “thorough and fitting relief.”11   
 

Since the applicant was not a current member of the Coast Guard at the time he 
signed the reenlistment contract, he had to rely on his recruiter to inform him of his entitlements.  
Moreover, the applicant should have been able to rely on the advice provided by his recruiter, 
who  was  a  Coast  Guard  chief  petty  officer  with  presumably  more  than  ten  years  of  service.  
Furthermore, the recruiter sought the advice of his supervisor and a senior chief yeoman, neither 
of whom were able to determine that the applicant was not eligible for the bonus.  Finally, the 
recruiter  stated  that  the  applicant’s  enlistment  took  “several  months,”  so the Coast Guard had 
more than enough time to ensure the applicant’s eligibility for the bonus before he signed the six-
year reenlistment contract. 

5. 

 
6. 

 The facts of this case are similar to the facts in BCMR Docket Nos. 1999-027 and 
2005-117.  Like the applicants in those cases, the applicant in this case was promised a bonus by 
his recruiter, although he did not meet the eligibility requirements, and gave due consideration 
for  the  bonus.    In  Docket  No.  1999-027,  the  Coast  Guard  recommended  that  the  Board  grant 
relief, but in 2005-117, the JAG recommended denying relief.  In both cases, the Board granted 
relief, finding that although the government is not estopped from repudiating the advice of its 
employees, the promises made by the Coast Guard should be kept when the enlistees give due 
consideration for the promised benefit.  In BCMR Docket No. 2004-063, the Board denied relief 
to an applicant who was erroneously promised a SELRES bonus.  That case is distinguished from 
this  case,  however,  because  the  member  in  that  case  was  an  eight-year  veteran  of  the  regular 
Coast Guard who enlisted in the SELRES immediately upon discharge and had ready access to 
the regulations.  The Board felt that after serving eight years on active duty in the regular Coast 
Guard, the member should have read the ALCOAST and realized his ineligibility for the bonus, 
which was obvious on its face.  In the instant case, the applicant was never on active duty in the 
Coast Guard, and he had not been affiliated with the Coast Guard Reserve since December 2004.  
His only access to the bonus regulations was through his recruiter, and the Page 7 prepared by the 
recruiter did not even cite the proper SELRES bonus regulation.  Thus, the applicant had no way 
to confirm the veracity of the recruiter’s promise. 
 

Accordingly, the applicant’s request should be granted by correcting his record to 
show that he is eligible to receive an $8,000 reenlistment bonus for signing the six-year SELRES 
reenlistment contract on March 9, 2006.  

7. 

                                                 
11 Caddington v. United States, 178 F. Supp. 604, 607 (1959).   
 

ORDER 

  

The  application  of  BM1  xxxxxxxxxx,  XXXXXXXX,  USCGR,  for  correction  of  his 
military record is granted.  His record shall be corrected to show that he is entitled to receive an 
$8,000 reenlistment bonus for signing the six-year SELRES reenlistment contract on March 9, 
2006.  The Coast Guard shall pay him the amount due as a result of this correction.   

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 George J. Jordan 

 

 

 
 James E. McLeod 

 

 

 
 Dorothy J. Ulmer