DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2007-214 
 
xxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxx 

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 21, 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  June  12,  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 March 8, 2007.  He alleged that his 
Coast Guard recruiter promised him a $6,000 bonus and documented his entitlement to the bonus 
in writing.  Moreover, his recruiter submitted this enlistment package with the promise of the 
bonus to the Coast Guard Recruiting Command, and the bonus was approved.  However, after he 
enlisted in the Reserve, the Coast Guard refused to pay him the bonus.   
 

In support of his allegations, the applicant submitted an “Enlistment Package Check-Off 
List,” which shows that he was enlisting in the Reserve RX program as a PS3 with an approved 
“ship date” of April 15, 2007, and that a $6,000 SELRES enlistment bonus had been offered as 
an  enlistment  incentive.    In  addition,  a  “Reservation  Request”  completed  by  the  recruiter  to 
reserve the applicant’s place in a Reserve Enlisted Basic Indoctrination (REBI) class also docu-
ments the $6,000 bonus and shows that he would be assigned to unit “SEC HOU/GAL V INSP,” 
which is a Reserve vessel inspection unit at Sector Houston-Galveston.  The applicant also sub-
mitted a copy of a CG-3307 (“Page 7”), which was signed by himself and his recruiter on the day 
he enlisted and which states the following: 

 
I have been advised that I am eligible for a      $6,000      SELRES enlistment or affiliation incen-
tive bonus.  Receipt of this bonus commits me to SELRES participation through     04/14/13 .  I 

hereby acknowledge that I read and fully understand the contents of COMDTINST 7220.1 Series, 
ALCOAST 056/06 and the Selected Reserve Bonus Matrix (updated 02/01/06). 

VIEWS OF THE COAST GUARD 

 

 

On February 6, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion and recommended that the Board deny relief in this case.  The JAG admitted 
the record “does document that Applicant was advised in an Enlistment Package Check-Off List 
for a $6,000 enlistment bonus, in a Reservation Request for a $6,000 enlistment bonus, and in an 
Administrative  Remarks  (CG-3307)  dated  08  March  2007,  that  he  was  eligible  for  a  $6,000 
SELRES  enlistment  bonus  based  upon  ALCOAST  056/06.”    The  JAG  stated  that  under 
ALCOAST 056/06, only members enlisting in a critical rating were eligible for the bonus, and 
PS3 was not cited as a critical rating.  Only the MK, MST, and OS ratings were listed as critical.  
Moreover, by March 8, 2007, ALCOAST 064/07 had been issued to cancel ALCOAST 056/06 
and announce new bonus eligibility criteria.  Under ALCOAST 064/07, which went into effect 
on February 5, 2007, the critical ratings that would garner a bonus for new enlistees were IV, 
MK,  and  OS.    The  JAG  recommended  that  the  Board  deny  the  applicant  request  because  no 
authority existed to pay him the bonus.  
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
and invited him to respond within thirty days.  No response was received.  

On February 8, 2008, the Chair sent the applicant a copy of the JAG’s advisory opinion 

 

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 addi-
tional amount may be offered for the member to accept an enlistment of six years.” 
 
 
prepared by the applicant’s recruiter, states the following: 

ALCOAST  056/06,  which  was  issued  on  February  1,  2006,  and  cited  on  the  Page  7 

 
2.  SELRES Enlistment Bonus 
  A. Eligibility Requirement for Initial Enlistment (new accession with no prior military service) 
under the RP, RK, or RX programs:  Applicant must enlist in either the MK, MST, or OS ratings 
for at least six years and must complete initial active duty for training (IADT).  Applicants may be 
assigned either to an RPAL vacancy or as an over billet. 
  B.    Bonus  Amount:    A  total  of  6,000  dollars  is  authorized  to  be  paid  in  two  equal  amounts.  
(3,000 dollars may be paid after completion of IADT and 3,000 dollars may be paid one year later 
if  participation  standards  contained  in  Chapter  4  of  [Reserve  Policy  Manual]  have  been  met).  
IADT  consists  of  basic  training or Reserve Enlisted Basic Indoctrination (REBI) plus A-School 
completion if required. 

 
ALCOAST 064/07, which was issued on February 5, 2007, canceled ALCOAST 056/06 

and became effective immediately.  ALCOAST 064/07 states the following: 

 
3.  SELRES Enlistment Bonus 
  A. Eligibility Requirement for Initial Enlistment (new accession with no prior military service) 
under the RP, RK, RX, or RA programs:  Applicant must enlist in the IV, MK, or OS ratings for at 
least  six  years  and  must  complete  initial  active  duty  for  training  (IADT).    Applicants  must  be 
assigned  a  vacant  billet.    Applicants  assigned  to  an  overbilleted  or  unbudgeted  position  are  not 
authorized to receive this bonus. 
  B.  Bonus Amount:  A total of 6,000 dollars is authorized to be paid in two equal amounts.  3,000 
dollars  may  be  paid  after  completion  of  IADT  and  3,000  dollars  may  be  paid  one  year  later  if 
participation standards contained in Chapter 4 of [Reserve Policy Manual] have been met.  IADT 
consists of basic training or Reserve Enlisted Basic Indoctrination (REBI) plus A-School comple-
tion if required. 

 

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 appli-
cant’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 con-
tract  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, find-
ing 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 con-
tract 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 appli-
cable 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 enlist-
ment in the Coast Guard.”   
 

In  BCMR  Docket  No.  2007-207,  the  applicant  alleged  that  he  was  promised  a  $6,000 
SELRES  enlistment  bonus  for  enlisting  to  serve  as  a  PS3  at  a  port  security  unit  (PSU).    The 
promise of the bonus was documented on a Page 7 and the Page 7 was cited on his enlistment 
contract.  ALCOAST 093/05, however, authorized payment of only a $4,000 bonus because the 
applicant was to be assigned to a critical unit—the PSU—but PS3 was not listed as a critical rat-
ing.  Although the JAG recommended that the Board deny relief, the Board granted relief finding 
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.”    The  Board  also  found  that  “although  the  government  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.” 
 

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. 

 
3. 

The application was timely. 
 

2. 

The applicant has proved by a preponderance of the evidence that the Coast Guard 
erred when his recruiter promised him a $6,000 SELRES enlistment bonus for enlisting for six 
years as a PS3.  His recruiter documented that promise on a Page 7 dated the day he enlisted, 
March  8,  2007,  as  well  as  on  an  approved  Reservation  Request  and  an  Enlistment  Package 
Check-Off  List.    ALCOAST  056/06,  which  was  cited  by  the  recruiter,  had  been  canceled  for 
more than a month when the applicant enlisted, and the applicant was not authorized the bonus 
under either ALCOAST 056/06 or ALCOAST 064/07, which was actually in effect.   

The JAG argued that the Board should deny the requested relief because the appli-
cant  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 for six years in the SELRES.  
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 deny relief.  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 
enlisted had he not been promised the $6,000 bonus.   

 
4. 

 
5. 

 
6. 

 

The applicant’s enlistment contract is voidable because of the false promise of the 
$6,000 bonus.  However, releasing him from the contract by discharging him more than a year 
later would not correct the error or remove the injustice that has been done.  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 government 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 in the interest of justice if 
he meets or has met the requirements of paragraph E.1.3.B. of ALCOAST 064/07 for receiving 
each half of the $6,000 bonus by completing his IADT, which was apparently REBI, and then by 
meeting the participation standards under Chapter 4 of the Reserve Policy Manual during his first 
year.   

 
 

 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

                                                 
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).   

The application of PS3 xxxxxxxxxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of 

ORDER 

 

his military record is granted as follows: 

 
  If he has met the participation requirement of paragraph E.1.3.B. of ALCOAST 064/07 
by completing his IADT or REBI,  his record shall be corrected to show that he is eligible for and 
entitled to the first $3,000 payment of the $6,000 SELRES enlistment bonus he was promised on 
the Page 7 dated March 8, 2007.   

 
If he meets or has met the participation requirement of paragraph E.1.3.B. of ALCOAST 
064/07  by  meeting  the  participation  standards  under  Chapter  4  of  the  Reserve  Policy  Manual 
during the year following his completion of IADT or REBI, his record shall be corrected to show 
that  he  is  eligible  for  and  entitled  to  the  second  $3,000  payment  of  the  $6,000  SELRES 
enlistment bonus he was promised on the Page 7 dated March 8, 2007.   

 
The Coast Guard shall pay him any amount due as a result of a correction made to his 

record pursuant to this order.   

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 
 Evan R. Franke 

 

 
 Robert S. Johnson 

 

 

 
 
 Adrian Sevier