DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2007-151 
 
XXXXXXXXXXX 
xxxxxxxx, BM3 (E-4) 
   

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 June 21, 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 January XX, 2008, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, a boatswain’s mate third class (BM3), in the Coast Guard Reserve, asked 
the Board to correct his record to show that he is entitled to a $4000 Selected Reserve (SELRES) 
affiliation bonus for signing a six-year Reserve enlistment contract on April 4, 2006.  He alleged 
that his recruiter promised him the bonus and that the promise was documented with a Page 7.1  
He  alleged  that  the  recruiter  told  him  that  he  was  the  last  person  to  get  in  under  “the  old 
program” and that he was the last one from that recruiting office who would be receiving the 
bonus.  
 

SUMMARY OF THE RECORD 

 

 

 
 

 

On  April  3,  2006,  the  applicant  and  his  Coast  Guard  recruiter,  who  was  a  chief  petty 
officer, signed a Page 7 documenting that the applicant was eligible to receive a $4000 bonus if 
he enlisted in the SELRES for six years in the BM rate.  The heading of the Page 7 states that the 
reference is “ALCOAST 268/04.”  The Page 7 further states: 

 
 

                                                 
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. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4-3-06           

Date Signed: 

04/04/06:   I have been advised that I am eligible for a $4000.00 SELRES enlistment 
or  affiliation  incentive  bonus.    Receipt  of  this  bonus  commits  me  to  SELRES 
participation  through  03/12/12.    I  hereby  acknowledge  that  I  have  read  and  fully 
understand the contents of COMDTINST 7220.1 Series and ALCOAST 093/05. 
 
 
Signature of Member 
 
 /s/ 
 
Signature of Recruiter   
 
/s/ 
 
  
The applicant signed a six-year enlistment contract for the SELRES on April 4, 2006.  The 
contract  does  not  mention  an  enlistment  bonus or  integrate  any  document  promising  a  bonus.  
The  applicant’s  record  also  contains  DD  Form  1966  dated  April  4,  2006,  signed  by  both  the 
applicant  and  his  recruiter,  which  contains  detailed  information  regarding  the  applicant’s 
enlistment.    Block  32a  of  the  form  titled  Specific  Option/Program  Enlisted  For,  contains  the 
following entry “GUARANTEED BM A SCHOOL. $4000 BONUS.” 
 
 
certified that he did not make 
 

In Block 33 of the form, “Certification of Recruiter or Acceptor,” the applicant’s recruiter 

3 APR 06         

Date Signed: 

any  promises  or  guarantees  other  than  those  listed  in  32a  above.    I  further  certify  that  service 
regulations governing such enlistments have been strictly complied with and any waivers required 
to effect applicant’s enlistment have been secured and are attached to this document. 
 
The applicant’s record also contains a “reservation request” which was prepared by the 
applicant’s recruiter and submitted to the Coast Guard Training Center.  Line AA of the request 
states: “Bonus/Reason………… 4000.00/BM ANY UNIT.”   

 
The applicant completed his initial active duty for training May 26, 2006, and reported to 
BM “A” School on June 8, 2006.  He completed “A” School on September 1, 2006, and was 
assigned to a SELRES billet at Coast Guard Station Saginaw River.  

 

 

VIEWS OF THE COAST GUARD 

On  November  6,  2007,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 
recommended  that  the  Board  deny  the  applicant  the  requested  relief  but  grant  alternate  relief.  
The JAG stated that the applicant signed a Page 7 on April 3, 2006, which cited an ALCOAST 
which had been canceled on February 1, 2006, when ALCOAST 056/06 was issued.  The JAG 
further stated that under ALCOAST 056/06, a SELRES bonus was not available for members 
with no prior military service enlisting in the SELRES and in the BM rate.  Accordingly, the JAG 
stated, the Page 7 that the applicant and recruiter signed on April 3, 2006, promising the $4000 
bonus was “invalid.”  The JAG also argued that although block 32a of the applicant’s DD Form 
1966  stated  that  he  was  guaranteed  the  $4000  bonus,  it  was  nonetheless  “unauthorized  for 

payment as no authority exists to pay the bonus.”  The JAG recommended that the Board grant 
alternate  relief  by  voiding  the  applicant’s  enlistment  contract  and  allowing  him  to  be 
immediately discharged or by allowing him to “remain in the SELRES without eligibility for the 
SELRES bonus.” 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On November 13, 2007, the Chair sent a copy of the JAG’s advisory opinion to the appli-

 
 
cant and invited him to respond within 30 days.  The Chair did not receive a response.   
 

APPLICABLE REGULATIONS  

 

ALCOAST  268/04  was  issued  on  June  1,  2004,  and  was  in  effect  until  ALCOAST 
093/05  was  issued  on  February  22,  2005.    Under  ALCOAST  268/04,  a  bonus  of  $4000  was 
available to an initial enlistee assigned to a critical unit or scheduled to serve in a critical rating 
(BM, MK, MST, OS), for a six-year SELRES assignment.   
 

ALCOAST 093/05 was issued on February 22, 2005, and was in effect until ALCOAST 
056/06 was issued on February 1, 2006.  Under ALCOAST 093/05, a Level 2 bonus of $4000 
was available to an initial enlistee permanently assigned to a critical unit or scheduled to serve in 
a critical rating (BM, MK, MST, OS), for a six-year SELRES assignment.   
 

ALCOAST  056/06  was  issued  on  February  1,  2006,  and  replaced  ALCOAST  093/05.  
Under ALCOAST 056/06, a SELRES bonus was available only to an initial enlistee who enlisted 
in the MK, MST, or OS ratings. 

 

PREVIOUS BCMR DECISIONS 

 
 
In  BCMR  Docket  No.  1999-027,  the  applicant  had  been  promised  a  $2000  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.  1999-121,  the  applicant  was  promised  a  $2000  SELRES 
enlistment  bonus  by  his  recruiter  and  that  promise  had  been  memorialized  on  a  Page  7.  
However, the Coast Guard refused to honor that promise because the applicant did not enlist for 
an eligible unit listed in the applicable ALCOAST.  The Chief Counsel argued that despite the 
Page  7,  the  Coast  Guard  had  no  legal  authority  to  pay  the  applicant  because  the  applicable 
ALDIST  did  not  authorize  a  bonus  for  a  member  in  the  applicant’s  rating  unless  they  were 
assigned  to  a  bonus  eligible  unit.    However,  the  Board  granted  relief,  stating  that  whenever 
reasonable, promises made by recruiters 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 reenlistment bonus of $50 per month. 
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 code2 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. 

 
 
In BCMR Docket No. 2005-117, the applicant was promised a $4000 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.  2007-098,  the  applicant  had  been  promised  an  $8000  SELRES 
bonus for reenlisting in the SELRES for six years.  The promise was documented on a Page 7 
signed by the applicant and his recruiter.  The JAG argued that relief should be denied, asserting 
that the applicant was not eligible for the bonus because he had previously received a six-year 
SELRES bonus for a previous enlistment.  The Board found that there was no evidence that the 
applicant would have reenlisted for six years but for the promise of an $8000 bonus.  In granting 
relief,  the  Board  found  that  the  Coast  Guard’s  recommended  corrections  were  inadequate  to 
remedy the injustice committed in this case as they would not provide thorough and fitting relief. 
 

In  BCMR  Docket  No.  2007-119,  the  applicant  had  been  promised  a  $4000  SELRES 
bonus for enlisting in the BM rating.  The promise was documented on a Page 7 signed by the 
applicant  and  his  recruiter,  and  was  also  documented  on  the  applicant’s  record  of  military 
processing.  The JAG argued that despite the Page 7, the Coast Guard had no legal authority to 
pay the applicant because the applicable ALCOAST did not authorize a bonus for a member in 
the  applicant’s  rating.    However,  the  Board  granted  relief,  stating  that  whenever  reasonable, 
promises made by recruiters should be kept, especially when the member relies on the erroneous 
advice and gives due consideration for the promised benefit. 
 

FINDINGS AND CONCLUSIONS 

 
 
military record and submissions, the Coast Guard's submissions, and applicable law: 

The Board makes the following findings and conclusions on the basis of the applicant's 

                                                 
2  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.” 

 

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 Board finds that the Coast Guard  committed an error when the  applicant’s 
recruiter promised him in writing that he would receive a $4000 SELRES bonus for signing a 
six-year  enlistment  contract  on  April  4,  2006.    The  Page  7  signed  by  the  recruiter  and  the 
applicant on April 3, 2006, clearly states that the applicant is eligible to receive a $4000 SELRES 
bonus.  The Page 7 cites ALCOAST 093/05 as the authority for the applicant’s SELRES bonus, 
but ALCOAST 093/05 expired on February 1, 2006, three months before the applicant signed his 
enlistment contract.  When the applicant signed the contract on April 4, 2006, ALCOAST 056/06 
was in effect and did not provide a bonus for SELRES enlistments in the BM rate.  Thus, when 
the applicant signed the Page 7 on April 3, 2006, and the enlistment contract on April 4, 2006, he 
was not eligible for a SELRES enlistment bonus.   

 
3. 

The Board notes that in addition to documenting the promise of a bonus on the 
Page  7,  the  recruiter  also  documented  that  promise  elsewhere  in  the  applicant’s  enlistment 
papers.    To  wit,  the  applicant’s  DD  1966  enlistment  form  dated  April  4,  2006,  contains  the 
promise of a $4000 bonus in block 32a, and the recruiter affirmed that entry by signing block 33.  
Therefore, the  applicant  has proved by  a preponderance of the evidence that the Coast Guard 
promised him a SELRES bonus of $4000 for enlisting for six years in the BM rate.   
 

4. 

The  JAG  argued  that  the  Board  should  deny  the  requested  relief  because  the 
applicant was not eligible for the enlistment bonus.  However, the Board finds that the recruiter 
promised the applicant the $4000 bonus as an enticement to enlist in the Reserve and in the BM 
rate.  In previous advisory opinions, the Coast Guard has admitted that recruiters use enlistment 
bonuses when necessary “to close the deal.”3  Although the Government is not estopped from 
repudiating  the  bad  promises  made  by  its  employees,4  the  Board  believes  that,  whenever 
reasonable, such promises should be kept, especially when the member relies on the erroneous 
advice  of  a  recruiter  and  gives  due  consideration  for  the  promised  benefit,  i.e.,  a  six-year 
enlistment in the Reserve.  There is no evidence that the applicant would have enlisted for six 
years  but  for  the  promise  of  the  $4000  bonus.    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 correction is inadequate to remedy 
the injustice committed in this case as it would not provide “thorough and fitting relief.”5   
 

The facts of this case are very similar to the facts in BCMR Docket Nos. 1999-
027,  1999-121,  2005-117,  2007-098,  and  2007-119.  Like  the  applicants  in  those  cases,  the 
applicant  in  this  case  was  promised  an  enlistment  bonus  by  his  recruiter,  although  he  did  not 
meet the eligibility requirements, and gave due consideration for the bonus.  Since the applicant 
had no military experience whatsoever at the time he signed the enlistment contract, he had to 
rely  on  his  Coast  Guard  recruiter  to  inform  him  of  his  entitlements.   Moreover,  the  applicant 
                                                 
3 See advisory opinions for Coast Guard BCMR Docket Nos. 2003-111, 2004-082, and 2004-121. 
4 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).   
5 Caddington v. United States, 178 F. Supp. 604, 607 (1959).   

5. 

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 eight years of service, and who was designated by 
the  Coast  Guard  as  a  recruiter  –  the  primary  source  of  information  for  anyone  interested  in 
enlisting in the Reserve. 

Accordingly,  the  applicant’s  request  should  be  granted.    His  record  should  be 
corrected to show that he is eligible for a $4000 enlistment bonus for signing a six-year SELRES 
reenlistment contract on April 4, 2006.  

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 
6. 

 

 

ORDER 

 

The application of XXXXXXXX, xxxxxxx USCGR, for correction of his military record 
is granted.  His record shall be corrected to show that he is eligible for a $4000 enlistment bonus 
for signing a six-year SELRES enlistment contract on April 4, 2006.  The Coast Guard shall pay 
him the amount due as a result of this correction.   
 
 
 
 

 
 

 
 

 
 

 

 
 
 
 
 
 
 
 
 
 
 

 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 

 
 

 
 

 

 
Francis H. Esposito 

 

 

 
Randall J. Kaplan 

 

 

 
 
Darren S. Wall