DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2008-196 
 
XXXXXXXXXXX. 
xxxxxxxx, MK3/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 August 29, 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  April  30,  2009,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  a  machinery  technician  third  class  (MK3),  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 July 12, 2007.  He alleged that his 
Coast Guard recruiter promised him a $6,000 bonus but that the Coast Guard refused to pay him 
the bonus.   
 

In  support  of  his  allegation,  the  applicant  submitted  a  copy  of  a  CG-3307  (Page  7),1 

which was signed by him and his recruiter on July 12, 2007, and states the following: 

 

 
 

 

 

 
I have been advised that I am eligible for a $    6000      SELRES enlistment or affiliation incentive 
bonus.  Receipt of this bonus commits me to SELRES participation through     07/12/13 .  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). 
 

SUMMARY OF THE RECORD 

On July 12, 2007, the applicant and his recruiter signed a Page 7 to document that the 
applicant had been promised a $6,000 bonus for agreeing to enlist for six years in the SELRES.  
                                                 
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. 
 

Also, on July 12, 2007, the applicant enlisted in the SELRES for six years in the pay grade E-3. 
His enlistment contract shows that he had eight years of previous military service.  The Page 7 
with the promise of the $6,000 enlistment bonus is entered in his official military record.  The 
applicant’s enlistment contract includes the following promises and commitments in Block B: 
 

•  Annex  A,  which  is  incorporated  by  reference,  is  a  statement  of  understanding  for 
original enlistment in the Coast Guard.  
•  Annex  L,  which  is  incorporated  by  reference,  affirms  that  the  applicant  will  begin 
basic training on July 17, 2007, and begin MK “A” School on October 1, 2007. 
•  Annex U, which is incorporated by reference, concerns the applicant’s eligibility for 
educational benefits under the Montgomery G.I. Bill. 
•  Annex  G,  which  is  incorporated  by  reference,  is  a  statement  of  understanding  for 
enlistment in an advanced pay grade based on the applicant’s college credits.  

On January 12, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion and recommended that the Board deny the requested relief in this case.  The 
JAG admitted that the record “does document that Applicant was advised in an Administrative 
Remarks  Form  (CG-3307)  dated  12  July  2007,  that  he  was  eligible  for  a  $6,000  SELRES 
enlistment or affiliation bonus.”  However, the JAG stated that there is nothing on the applicant’s 
reenlistment contract authorizing a $6,000 SELRES enlistment bonus.  The JAG further stated 
that the CG-3307 signed by the applicant and his recruiter erroneously cites ALCOAST 056/06, 
which  had  been  superseded  by  ALCOAST  064/07.    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. 
 
 

 

 

Block B(b) of the enlistment contract is labeled “REMARKS: (if none, so state.)”  There 
is nothing noted in this section.  However, the applicant’s record contains five Page 7s (remarks) 
also  signed  on  July  12,  2007,  including  the  Page  7  stating  that  the  applicant  is  eligible  for  a 
$6,000 bonus. 
 

In Block D of the contract, the applicant signed below the following statement:   
 
My  acceptance  for  enlistment  is  based  on  the  information  I  have  given  in  my  application  for 
enlistment.    If  any  of  that  information  is  false  or  incorrect,  this  enlistment  may  be  voided  or 
terminated administratively by the Government or I may be tried by a Federal, civilian, or military 
court and, if found guilty, may be punished.  I CERTIFY THAT I HAVE CAREFULLY READ 
THIS  DOCUMENT. 
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.)  NONE   [applicant’s 
initials]    (Initials of enlistee/reenlistee) 
 

  ANY  QUESTIONS 

VIEWS OF THE COAST GUARD 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On January 14, 2009, the Chair sent the applicant a copy of the JAG’s advisory opinion 
and  invited  him  to  respond  within  thirty  days.    The  Chair  granted  the  applicant  a  thirty-day 
extension on March 2, 2009.  The applicant responded to the advisory opinion on March 6, 2009, 
and stated the following: 
 
 

I formally and spiritually disagree with the recommendation presented by [the 
JAG] on the subject of the high command not standing behind the best efforts 
of the recruiter which presented to me the bonus incentive upon completion of 
MKA  school.    I  fulfilled  my  obligations  as  I  understood  them,  leaving 
TRACEN  Yorktown  as  MKA  class  06-08  Honor  Graduate.    I  was  looking 
forward  to  the  bonus  and  it  was,  and  is,  an  important  part  of  my  financial 
planning. 

 
 

 
 

 
 

 

Frankly,  I  am  surprised  that  the  USCG  high  command  chose  a  bureaucratic 
judgment  rather  than  the  spirit  of  military  history  that  is  rich  and  heroic  in 
nature.    Men  and  women  have  heeded  the  call  of  duty  from  the  Lifeboat 
Service  to  Katrina  and  had  shown  that  the  USCG  put  the  mission  first,  and 
paperwork  second.    I  fully  understand  that  administration  excellence  is 
necessary  for  the  long  term  health  of  an  organization;  however,  I  am  also 
confident that when there is a person in the water, crossing the “t” and dotting 
the “i”s can be completed after the action to the best outcome to all involved. 

the  recommendation  presented 

In 
Memorandum, I feel as if I have been left in the water. 

in 

the  United  States  Coast  Guard 

In closing, I am proud to be called “Shipmate” by my fellow Coasties, and no 
matter  the  outcome  as  decided  [by  the]  Board  for  the  Correction  of  Military 
Records,  I  fully  intend  to  uphold  my  duty,  “Loud  and  Proud”,  eyes  on  the 
horizon.      

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. 
 
 
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, RX, or RA 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).2  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. 

3.  PRIOR SERVICE ENLISTMENT BONUS. 
  A.  Eligibility requirement for former enlisted member with over seven years nine months but less 
than 13 years of combined military service:  Member must commit to either a three-year or a six-
year  SELRES  agreement  under  the  RQ  program  and  must  serve  in  the  BM,  MK,  MST,  or  OS 
ratings as an E-5 or above.  Applicants may be assigned either to an RPAL vacancy or as on over 
billet.    
 
  B.  BONUS AMOUNTS: 
(1) For a six-year SELRES agreement, a total of $8,000 dollars is authorized to be paid in two 
equal  amounts  (4,000  dollars  may  be  paid  upon completion of IADT and 4,000 dollars may be 
paid one year later if participation standards contained in Chapter 4 of Ref C have been met). 

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. 

 

 

 

4.  PRIOR SERVICE ENLISTMENT BONUS. 
  A.  Eligibility  Requirements  for  active  duty  coast  guard  and  non-coast  guard  prior  enlisted 
members with no remaining military service obligation (MSO) and over seven years nine months 
but less than 13 years of combined military service:  Member must commit to either a three-year or 
a six-year SELRES agreement, be an E-4 or above under the RQ program, and in the FS, MK, or 
OS ratings at a critical unit or in the IV, MK, or OS ratings at a non-critical unit.[3] 
 
  B.  BONUS AMOUNTS: 

… 
 

… 

(3)  For  a  six-year  SELRES  agreement  in  a  critical  rate  not  at  a  critical  unit,  a  total  of  $6,000 
dollars is authorized to be paid in two equal amounts.  3,000 dollars may be paid upon completion 
of  IADT  and  3,000  dollars  may  be  paid  one  year  later  if  participation  standards  contained  in 
Chapter 4 of Ref C have been met. 

 
 
 
 
 
                                                 
2 IADT (initial active duty for training) consists of basic training or reserve enlisted basic indoctrination (REBI) plus 
A-School completion if required. 
3  The  applicant  was  assigned  to  USCG  Station  Humboldt  Bay,  which  is  not  a  critical  unit.    Paragraph  2  of 
ALCOAST 064/07.   

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 
$2,000 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 $2,000 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  $4,000 
 
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 $4,000 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 $6,000 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 $6,000 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.” 

 
In BCMR Docket No. 2008-048, the applicant alleged that he was promised an $8,000 
SELRES  enlistment  bonus  by  his  recruiter  for  enlisting  in  the  SELRES  for  six  years  and 
completing  marine  science  technician  (MST)  “A”  School.    The  promise  of  the  bonus  was 
documented on a Page 7.  The applicant did not receive the bonus because the recruiter cited an 
incorrect ALCOAST, and the applicant was not eligible for a bonus under the ALCOAST that 
was actually in effect.  Although the JAG recommended that the Board deny relief, the Board 
granted relief finding that the Coast Guard’s refusal to pay him the “bonus he was promised and 
for which he has given due consideration by enlisting for six years constitutes an injustice that 
must be corrected.”   
 

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: 
 

1.  The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.  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.    His  recruiter  documented  that  promise  on  a  Page  7  dated  the  same  day  the  applicant 
signed his enlistment contract, and the Page 7 was included in the applicant’s official military 
record.  However, ALCOAST 056/06, which was cited by the recruiter as the authority for the 
bonus, had been canceled for more than five months when the applicant enlisted.  Moreover, the 
applicant  was  not  eligible  for  a  bonus  under  either  ALCOAST  056/06  or  its  successor, 
ALCOAST 064/07, because neither ALCOAST authorized a bonus for a prior service SELRES 
recruit enlisting as an E-3 in the MK rating.  
 

 The JAG argued that the Board should deny the requested relief because the applicant 
was  not  eligible  for  an  enlistment  bonus.    However,  the  record  indicates  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 

3. 

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 false promises made by its employees,4 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.”5  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  for  six 
years.  Since he had never been a member of the Coast Guard, he had to rely on his recruiter to 
ascertain his entitlements.  There is no evidence that the applicant would have chosen to enlist in 
the Coast Guard Reserve had he not been promised the $6,000 bonus. 

 
4.  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, in the interest of justice, 
the promises made by the Coast Guard to new recruits should be kept when the recruits give due 
consideration for the promised benefit.  Moreover, the applicant should have been able to rely on 
the advice provided by his recruiter, who was a petty officer first class in the Coast Guard and 
who was designated by the Coast Guard as a recruiter – the primary source of information for 
anyone interested in enlisting in the Reserve.  In addition, the Page 7 promising the bonus was 
accepted by the Recruiting Command and entered in his official military record. 
 

5.  Accordingly, the applicant’s request should be granted by awarding him $3,000―the 
first  half  of  the  promised  $6,000  bonus―since  he  has  already  completed  REBI  and  MK  “A” 
School and by ordering the Coast Guard to pay him the second half of the promised bonus if he 
met the participation standards under Chapter 4 of the Reserve Policy Manual during his first 
year following MK “A” School as required under ALCOAST 064/07. 
   

6.  The Board notes that the ALCOAST cited by the applicant’s recruiter authorized an 
enlistment bonus of $8,000 for prior service members enlisting as an E-5 or above in the MK 
rate.  However, the Page 7 prepared by the recruiter states that the applicant eligible for only a 
$6,000 bonus.  Because the applicant was promised only a $6,000 bonus, the Board will order the 
Coast Guard to pay the applicant only that amount. 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

                                                 
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 (Ct. Cl. 1959).   

The application of XXXXXXXXX, xxxxxxxxx, USCGR, for correction of his military 

ORDER 

 

record is granted as follows: 

 
  The Coast Guard shall pay him $3,000―the first half of the $6,000 enlistment bonus he 
was  promised  on  the  CG-3307  dated  July  12,  2007―because  he  has  already  successfully 
completed his IADT, including REBI and MK “A” School.  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  MK  “A”  School, his record shall be corrected to show that he is 
eligible  for  and  entitled  to  the  second  half  of  the  $6,000  SELRES  enlistment  bonus  he  was 
promised on the Page 7 dated July 12, 2007, and the Coast Guard shall pay him that amount. 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 
 Paul B. Oman 

 

 

 
 
 Thomas H. Van Horn  

 

 

 
 
 Janice Williams-Jones