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CG | BCMR | Other Cases | 2008-092
Original file (2008-092.pdf) Auto-classification: Denied
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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