DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
BCMR Docket No. 2008-092
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 March 17, 2008, 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 25, 2008, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a marine science technician, second class (MST2; pay grade E-5) in the
Coast Guard Selected Reserve (SELRES)1, asked the Board to correct his record to show that he
is eligible to receive a $4,000 enlistment bonus for signing a SELRES enlistment contract and
agreeing to attend MST “A” School.2
SUMMARY OF THE RECORD
The applicant enlisted in the Coast Guard Reserve on June 29, 2004, for a term of six
years.3 His enlistment contract does not reference a Page 7 or any annex concerning a bonus.
Section B of the contract references Annexes G and O. Annex G is a form showing that the
applicant was enlisted in pay grade E-3 because he had completed at least 60 college semester
hours. Annex O is a Statement of Understanding in which the applicant agreed to attend MST
“A” school to become a marine science technician.
1 SELRES is that portion of Ready Reserve units and individual reservists the Secretary has designated as having the
highest priority for mobilization. SELRES members participate in inactive duty training periods and annual training
in a pay status. The term also includes persons performing initial active duty for training. Coast Guard Recruiting
Manual, Article 3.C.6.j.
2 “A” School is where Coast Guard members receive training for their specific rating.
3 On his application to the BCMR, the applicant stated the he enlisted on July 28, 2004. However, his enlistment
contract clearly states that he enlisted on June 29, 2004.
On the enlistment contract, the applicant initialed section B.8.c. of the contract which
states that “[t]he agreements in this section and attached annex(es) are all the promises made to
me by the Government. ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT
VALID AND WILL NOT BE HONORED.” The applicant also signed and initialed section
D.13.a., which states the following in bold, capitalized letters:
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.
Any other promises or guarantees made to me by anyone are written below: (If
none, X “NONE” and initial.) [ X ] NONE _[initials of applicant]_
On June 1, 2004, the Coast Guard released ALCOAST 268/04, and it went into effect on
July 1, 2004. ALCOAST 268/04 provided an enlistment bonus for anyone enlisting in the
SELRES for six years in the MST rate. When the applicant signed the enlistment contract on
June 29, 2004, ALCOAST 192/03 was in effect and provided bonuses only for members being
released from active duty and choosing to affiliate with the SELRES. The applicant began basic
training on June 30, 2004, reported to MST “A” School on August 31, 2004, and completed “A”
School on November 12, 2004.
VIEWS OF THE COAST GUARD
On July 21, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted an
advisory opinion in which he recommended that the Board grant relief. The JAG argued that
relief should be granted because the recruiter erred by not advising the applicant that he would
receive an enlistment bonus pursuant to ALCOAST 268/04 if he waited until July 1, 2004, to
enlist.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On July 25, 2008, the BCMR sent the applicant a copy of the views of the Coast Guard
and invited him to respond within 30 days. The applicant responded on August 3, 2008, and
indicated that he agreed with the Coast Guard’s recommendation.
APPLICABLE REGULATIONS
Article 3.A.1. of the Coast Guard 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.
Article 3.A.3. of the manual 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. An additional amount may be
offered for the member to accept an enlistment of six years.
ALCOAST 192/03 was issued on April 29, 2003, and was in effect from July 1, 2003,
through June 30, 2004. Under ALCOAST 192/03, affiliation bonuses were available only to
Coast Guard members who were being released from active duty and who agreed to serve the
remainder of their initial eight-year military obligation in the SELRES.
ALCOAST 268/04 was issued on June 1, 2004, and became effective on July 1, 2004.
Under ALCOAST 268/04, an enlistee was eligible for a $4,000 bonus for enlisting in the
SELRES for six years in the MST rate.
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 section 1552 of title
10 of the United States Code. The application was timely.
1.
2.
4.
3.
The applicant alleged that he is entitled to a SELRES bonus for signing a six-year
SELRES enlistment contract on July 28, 2004. However, the applicant’s record clearly indicates
that he enlisted in the Coast Guard on June 29, 2004. ALCOAST 192/03 was in effect on June
29, 2004, and it did not provide any bonus for new Coast Guard members enlisting in the
SELRES. On June 1, 2004, the Coast Guard issued ALCOAST 268/04, which did provide a
bonus for those enlisting in the SELRES for six years in the MST rate, but it did not become
effective until July 1, 2004. Thus, the applicant was not eligible for an enlistment bonus under
ALCOAST 192/03 when he signed the SELRES enlistment contract on June 29, 2004.
The JAG recommended that that Board grant relief, arguing that if the recruiter
had counseled the applicant about the upcoming availability of a bonus, then the applicant likely
would have waited until July 1, 2004, to enlist for the bonus. The Coast Guard’s recommen-
dation suggests that its recruiters have a duty to advise enlistees going into critical rates to delay
their enlistment until a bonus becomes available. However, the Board is unaware of any require-
ment for the Coast Guard to inform potential SELRES enlistees about the future availability of an
enlistment bonus―particularly a bonus that will not become available until after their anticipated
enlistment date and after they are expected to begin basic training. Moreover, advising potential
enlistees in rates that have been designated as critical that they should delay their enlistment to
receive a bonus would impede the Coast Guard’s efforts to fill its basic training classes and,
especially, its critical rates, which is the purpose of the bonus program. In addition, the Board
notes that the applicant’s MST “A” School began in Yorktown, VA on August 31, 2004, just
nine weeks after he enlisted, and basic training lasts eight weeks. Therefore, Board is not
persuaded that the applicant’s recruiter committed any error or injustice in failing to advise him
to delay his enlistment and basic training until after ALCOAST 268/04 went into effect.
The applicant has not proven by a preponderance of the evidence that the Coast
Guard recruiter’s failure to advise him about the future enlistment bonus was erroneous or
unjust. However, in the advisory opinion for this case, the JAG agreed to pay him the enlistment
bonus, and the applicant has received that opinion and responded in agreement. Accordingly, the
Board will concur in the relief recommended by the JAG and order the Coast Guard to correct
the applicant’s record to show that he is eligible to receive a $4,000 SELRES bonus for signing
an six-year enlistment contract on June 29, 2004.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application of MST2 xxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his
military record is granted as follows:
If he has met the participation requirement of paragraph 2.B. of ALCOAST 268/04 by
completing his IADT, his record shall be corrected to show that he is eligible for and entitled to
the first $2,000 payment of the $4,000 SELRES enlistment bonus offered under ALCOAST
268/04.
If he meets or has met the participation requirement of paragraph 2.B. of ALCOAST
268/04 by meeting the participation standards under Chapter 4 of the Reserve Policy Manual
during the year following his completion of IADT, his record shall be corrected to show that he is
eligible for and entitled to the second $2,000 payment of the $4,000 SELRES enlistment bonus.
The Coast Guard shall pay him any amount due as a result of a correction made to his
record pursuant to this order.
Donna M. Bivona
Robert F. Parker
Eric J. Young
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2007-119, the applicant had been promised a $4000 SELRES bonus for enlisting in the BM rating. 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.
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1999-027, the applicant had been promised a Reserve enlistment bonus by her recruiter. 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. Although the...
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1999-027, the applicant had been promised a Reserve enlistment bonus by her recruiter. 2005-117, the applicant stated that he was promised a $4000 SELRES enlistment bonus by his recruiter. In addition, if he meets or has met the participation standards under Chapter 4 of the Reserve Policy Manual during the year following his completion of MST “A” School, his record shall be corrected to show that he is eligible for and entitled to the second half of the $5,000 SELRES enlistment bonus he...
1999-027, the applicant had been promised a Reserve enlistment bonus by her recruiter. 2005-117, the applicant stated that he was promised a $4000 SELRES enlistment bonus by his recruiter. In addition, if he meets or has met the participation standards under Chapter 4 of the Reserve Policy Manual during the year following his completion of MST “A” School, his record shall be corrected to show that he is eligible for and entitled to the second half of the $5,000 SELRES enlistment bonus he...
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In support of his allegations, the applicant submitted a copy of a CG-3307 (“Page 7”), which was signed by him and his recruiter on the day he enlisted, May 25, 2007, and which states the following: DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. SELRES Enlistment Bonus. SELRES Enlistment Bonus.
CG | BCMR | Other Cases | 2008-196
The JAG noted that under ALCOAST 064/07, the applicant was not entitled to an enlistment bonus because he had previously served in the military, and ALCOAST 064/07 states that bonuses were not available to enlistees with prior military service. 2005-117, the applicant stated that he was promised a $4,000 SELRES enlistment bonus by his recruiter. In addition, if he meets or has met the participation standards under Chapter 4 of the Reserve Policy Manual during the year following his...
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