DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2007-207 
 
xxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxx 

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 September 13, 2007, upon 
receipt of the applicant’s completed application, and assigned it to staff member 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  May  29,  2008,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  a  port  security  specialist,  third  class  (PS3)  in  the  Coast  Guard  Selected 
Reserve (SELRES), asked the Board to correct his record to show that he is entitled to a $6,000 
enlistment bonus for signing a six-year enlistment contract on December 1, 2005.  He alleged 
that his Coast Guard recruiter promised him a $6,000 bonus to be paid in two installments of 
$3,000 each and documented his entitlement to the bonus in writing.  However, the Coast Guard 
paid him only a $4,000 enlistment bonus, which is $2,000 shy of the amount he was promised. 
The applicant stated that he signed his contract “with the understanding and expectation that I 
was  going  to  be  paid  a  $6,000  bonus”  and  that  the  $6,000  bonus  “was  a  large  factor  in  my 
decision to sign my enlistment contract.”   
 

In support of his allegations, the applicant submitted documents from his record and a 
copy  of  an  email  from  a  military  pay  technician  on  the  Bonus  Team  at  the  Coast  Guard’s 
Personnel Services Center.  The technician stated that, although the applicant’s Page 7 promises 
a bonus of $6,000, the Page 7 “is not a binding contract.  It is a ‘counseling tool’ that tells the 
member that he is eligible for a bonus; it does not guarantee a bonus since we have no idea what 
choices the member may make that might change his eligibility for his bonus.”  The technician 
stated that the applicant was paid the $4,000 bonus in accordance with section 2.b. of ALCOAST 
093/05 because he was enlisting in a non-critical rating (port security specialist) at a critical unit.  
The  technician  stated  that,  to  be  eligible  for a $6,000 bonus, the applicant “would have to be 
serving in a critical rate at a critical unit.  At the time of counseling … maybe the member was 
planning on serving in a critical rate but later changed his mind.  There is also the chance that 

maybe the member was miscounseled by his recruiter, who made an error. … If the member feels 
he was miscounseled, then he may want to go the BCMR route for their determination.” 
 
 
The applicant also submitted a statement from his supervisor, PS1 W, who wrote that the 
applicant enlisted in good faith “with the knowledge that if he completed his enlistment contract 
requirements he would get the full amount of the bonus that he was promised.”  PS1 W stated 
that the applicant “is an asset to my unit and has always performed his job well.  He follows 
orders without complaint and is always willing to go the extra mile.”  He recommended that the 
applicant be paid the remainder of the bonus he is due. 

SUMMARY OF THE RECORD 

 

 

 

On December 1, 2005, at the Recruiting Office in Vancouver, Washington, the applicant 

 
 
and his recruiter signed a Page 7 (form CG-3307), which states the following: 
 

I  have  been  advised  that  I  am  eligible  for  a  $    6000.00        SELRES  enlistment  or  affiliation 
incentive bonus.  Receipt of this bonus commits me to SELRES participation through   01/08/06  .  
I hereby acknowledge that I have read and fully understand the contents of COMDTINST 7220.1 
Series and ALCOAST 093/05. 

Also on December 1, 2005, the applicant signed a six-year Reserve enlistment contract, 

which states the following in pertinent part: 
 

8.    I am enlisting/reenlisting in the … Coast Guard Reserve this date for    6    years and    0    
weeks beginning in paygrade    E-4    .  The additional details of my enlistment/reenlistment are in 
Section C and Annex(es)         N, U & SELRES BONUS           . 

B.  AGREEMENTS 

D.  CERTIFICATION AND ACCEPTANCE 

●   ●   ● 

13a.  …  I certify that I have carefully read this document.  Any questions I had were explained to 
my satisfaction.  I fully understand that only those agreements in section B of this document or 
recorded on the attached Annex(es) will be honored. … 
 
 
The “annexes” incorporated in the contract include the Page 7 concerning the applicant’s 
eligibility for a $6,000 enlistment bonus.  Annex N indicates that he was assigned to position 
50432 at a port security unit (PSU).   
 

A career summary printout shows that on December 1, 2005, the applicant was assigned 
to position 50432 with job title third class port security specialist (PS3/E-4).  Another database 
printout dated August 13, 2007, shows that he is entitled to two bonus installments of $2,000, for 
a total enlistment bonus of $4,000. 
 

 

VIEWS OF THE COAST GUARD 

On February 1, 2008, 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  a  $6,000  enlistment  bonus  for  enlisting  in  the  PS  rating.    The  JAG  stated  that 
under ALCOAST 093/05, the applicant was eligible for only a Level II bonus of $4,000 because 

he was enlisting at a critical unit but not in a critical rate.  The JAG concluded that the Page 7 
prepared and signed by the applicant’s recruiter was “invalid, erroneous, and unauthorized.”  The 
JAG  stated  that  despite  the  language  on  the  Page  7  acknowledging  understanding  of  the 
ALCOAST and the Reserve bonus instruction, “it is evident that neither the applicant nor the 
recruiter understood the contents of those documents.” 

 
The JAG argued that the relief requested by the applicant “is an inappropriate remedy as 
no  authority  exists  to  pay  him”  and  recommended  that  the  Board  correct  the  Page  7  dated 
December 1, 2005, to reflect a promise of a $4,000 bonus.  
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On February 15, 2008, the applicant responded to the JAG’s advisory opinion, stating that 
he disagreed with the recommended correction because he was promised a $6,000 bonus but has 
only received $4,000. 

 

APPLICABLE REGULATIONS 

 

Article  3.A.1.  of  the  Personnel  Manual  states  that  the  enlistment  bonus  program  is  an 
incentive to attract qualified personnel to critical skills or ratings to help meet the Coast Guard’s 
recruiting goals.  The program applies to new enlistees. 

 
Article 3.A.3.2. states that enlistment bonuses “are linked to a member’s recruitment and 
affiliation with a critical rating by attending a guaranteed Class “A” school or participating in a 
guaranteed “Striker” program in that rating or, for prior service personnel who already have the 
qualifying  skill,  agreeing  to  enlist  in  the  designated  rating  for  a  minimum  of  four  years.  An 
additional amount may be offered for the member to accept an enlistment of six years.” 
 
 
December 1, 2005, states the following: 

ALCOAST 093/05, which was issued on February 22, 2005, and was still in effect on 

 
2.  Bonus Categories 
  A. SELRES Enlistment Bonus 
     (1)  Eligibility  Requirement:   Initial enlistment (new accession with no prior military service) 
under the RP, RK, or RX programs.  Member must either be assigned to a critical unit (PSU or 
NCS unit) or scheduled to serve in a critical rating (BM, MK, MST, OS) for a six-year SELRES 
assignment. … 
     (2) Bonus Amount: 
          (A)  Level I Bonus:  6,000 dollars authorized to members in a critical rating at a critical unit 
(3,000 upon completion of IADT [initial active duty training] and 3,000 paid one year later). 
          (B)  Level II Bonus:  4,000 dollars authorized for members either assigned to a critical unit 
or scheduled to serve in a critical rating but not both (2,000 dollars upon completion of IADT and 
2,000 dollars paid one year later). … 
 

PREVIOUS BCMR DECISIONS 

 
 
In BCMR Docket No. 1999-027, the applicant had been promised a 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 stated that he had been promised a Level II 
$2000  SELRES  enlistment  bonus  by  his  recruiter.    The  bonus  was  cited  on  his  enlistment 
contract and in a Page 7 dated the same day.  He did not receive the bonus because he was not 
assigned to a designated critical unit under the ALCOAST then in effect.  The Chief Counsel 
stated  that  the  contract  was  voidable  so  the  applicant  could  be  discharged  but  recommended 
against  granting  the  applicant  the  unauthorized  bonus.  The  Board,  however,  granted  relief, 
finding that while “the government may repudiate the erroneous advice of its officers or agents, 
… 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. 1999-135, the applicant stated that she had been promised a Level 
II  $2000  SELRES  enlistment  bonus  by  her  recruiter.    The  bonus  was  not  mentioned  in  her 
contract but was documented on a Page 7 dated the day of her enlistment.  She did not receive the 
bonus  because  she  had  not  enlisted  in  a  critical  rating,  although  her  rating  was  listed  in  the 
applicable ALCOAST as one of those eligible for Level I bonuses if the members were assigned 
to a critical unit.  The Chief Counsel provided the same recommendation as in BCMR Docket 
No. 1999-121, and the Board granted relief for the reasons stated in that case as well.   
 
 
In  BCMR  Docket  No.  2005-117,  the  applicant  stated  that  he  was  promised  a  $4000 
SELRES  enlistment bonus by his recruiter.  His enlistment contract cited a “RES BON PG7” 
along with the incorporated annexes, and the Page 7, dated the day of enlistment, documented the 
promised $4000 Level II bonus under ALCOAST 268/04.  He did not receive the bonus because 
he had not enlisted in a critical rating or been assigned to a critical unit.  Although the JAG rec-
ommended only that the Board make the contract voidable, the Board granted relief, finding that 
the recruiter had promised the applicant the bonus as an enticement to enlist and 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.  2007-006,  the  applicant  alleged  that  he  was  promised  a  $2,000 
SELRES enlistment bonus for enlisting in the health services rating as well as a $5,000 bonus for 
having a certain number of college credits.  His enlistment contract incorporated Annex T, which 
documented  the  promised  bonuses.    However,  he  received  only the $5,000 bonus because the 
health services rating was not one of the critical ratings eligible for the $2,000 bonus.  Although 
the JAG recommended only that the Board make the contract voidable, the Board granted relief, 
finding that the recruiter had promised the applicant the bonus as an enticement to enlist and 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,  i.e.,  a  four-year 
enlistment in the Coast Guard.”   
 

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. 
 

2. 

The applicant has proved by a preponderance of the evidence that the Coast Guard 
erred when the recruiter promised the applicant a Level I $6,000 SELRES enlistment bonus for 
enlisting  for  six  years  as  a  port  security  specialist  at  a  PSU.    His  recruiter  documented  that 
promise on a Page 7 and the applicant’s enlistment contract, which affirms in several places that 
the promises written in section B of the contract will be honored by the Coast Guard.  Section B 
of the applicant’s enlistment contract incorporates the Page 7 documenting his eligibility for a 
$6,000  SELRES  bonus.    However,  ALCOAST  093/05  authorized  $6,000  bonuses  only  for 
members enlisting in a critical rating at a critical unit.  The applicant was assigned to a critical 
unit  upon  enlistment—a  PSU—but  he  was  not  assigned  to  a  critical  rating.    Therefore,  under 
ALCOAST 093/05, he was eligible only for the Level II $4,000 bonus.  

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 it likely that the 
recruiter  promised  the  applicant  the  bonus  as  an  enticement  to  enlist  in  the  SELRES.    The 
applicant stated that the promised bonus was a significant factor in his decision to enlist.  The 
Board  believes  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—
i.e., a six-year enlistment in the SELRES. 

Although  the  Government  is  not  estopped  from  repudiating  the  bad  promises 
made  by  its  employees,1  this  Board  has “an abiding moral sanction to determine . . . the true 
nature of an alleged injustice and to take steps to grant thorough and fitting relief.”2  The Coast 
Guard  recommended  that  the  Board  “correct”  the  applicant’s  record  to  indicate  that  he  was 
promised a $4,000 bonus instead of the $6,000 bonus he was actually promised.  However, the 
applicant’s recruiter promised him the $6,000 bonus for enlisting, and the applicant has already 
given  consideration  on  the  contract  by  enlisting  in  the  SELRES.   Since  he  was  not  already  a 
member of the Coast Guard, he had to rely on his recruiter to inform him of his entitlements.  
There is no evidence that he would have chosen to enlist in the Coast Guard Selected Reserve 
had he been promised only a $4,000 bonus.   

Although  the  applicant’s  enlistment  contract  is  clearly  voidable  because  of  the 
false promise incorporated therein, releasing him from the contract by discharging him more than 
two years later would not correct the error or remove the injustice that has been done, especially 
since his discharge would also result in the recoupment of the $4,000 bonus he has received.   

 
3. 

 
4. 

 
5. 

 

                                                 
1 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). 
2 Caddington v. United States, 178 F. Supp. 604, 607 (Ct. Cl. 1959).   

6. 

The facts of this case are very similar to the facts in the prior cases summarized 
above.  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.  In Docket No. 1999-027, the Chief Counsel recommended that the 
Board  grant  relief,  but  in  most  cases  the  JAG  recommended  denying  the  applicants  the 
unauthorized bonuses.  In all these cases, the Board granted relief, finding that although the gov-
ernment is not estopped from repudiating the advice of its employees, the promises made by the 
Coast  Guard  to  new  recruits  should  be  kept  when  the  recruits  give  due  consideration  for  the 
promised benefit. 

Accordingly, the applicant’s request should be granted. 

 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 
7. 

 
 

ORDER 

 

The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his 
military  record  is  granted.    His  record  shall  be  corrected  to  show  that  he  is  eligible  for  and 
entitled to the Level I $6,000 enlistment bonus he was promised on the Page 7 dated December 1, 
2005, incorporated in his SELRES enlistment contract (in lieu of the Level II $4,000 enlistment 
bonus he was paid).  The Coast Guard shall pay him the amount due as a result of this correction.   

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Donna M. Bivona 

 

 

 
 Diane L. Donley 

 

 

 
 
 Richard Walter