DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2009-017 
 
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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 November 14, 2008, 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). 
 
 
ed members who were designated to serve as the Board in this case. 

This final decision, dated July 16, 2009, is approved and signed by the three duly appoint-

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, a machinery technician, second class (MK2) 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  Reserve  reenlistment  contract  on  April  14,  2007.    He 
alleged that he was promised a $6,000 bonus, but did not receive it. 

 

SUMMARY OF THE RECORD 

 
On May 26, 1999, the applicant enlisted in the Reserve for eight years—through May 25, 
2007—under the Delayed Entry Program (DEP).  On September 28, 1999, he enlisted on active 
duty in the regular Coast Guard for four years.  He was advised that his time in the Reserve DEP 
had been “creditable toward completion of the 8-year military service obligation.”  The applicant 
later extended his active duty enlistment through July 27, 2006. 

 
On March 30, 2006, while serving on active duty in Bahrain, the applicant was counseled 

on a CG-3307 (“Page 7”) about his eligibility for a SELRES Affiliation Bonus as follows: 

 
I have been advised that I am eligible for an $1,800.00 dollar SELRES Affiliation Bonus.  
Receipt of this bonus commits me to SELRES participation through 05/25/2007. 
 
I  hereby  acknowledge  that  I  have  read  and  fully  understand  the  contents  of 
COMDTINST 7220.1 (series) and ALCOAST 056/06.   

  
On June 27, 2006, a month shy of the end of his enlistment, the applicant was released 
from active duty into the Ready Reserve.  He was not immediately affiliated with the SELRES.  
Because of his original eight-year Reserve enlistment, he had a remaining military service obli-
gation (MSO) through May 25, 2007. 

 
On October 19, 2006, the applicant affiliated with the SELRES and was assigned to an 
unbudgeted position on a Maritime Safety and Security Team (MSST) based in New York.  He 
began drilling regularly.  He did not sign a reenlistment contract at this time. 

 
On April 14, 2007, with six weeks of his MSO remaining to run, the applicant reenlisted 
in the Reserve for six years as an MK2.  Block 8 of the reenlistment contract states the following:  
“MBR ELIGIBLE FOR SELECTED RESERVE BONUS.”  There is no document in his record 
showing the amount or specific type of the SELRES bonus he was promised.  He has continued 
to drill in his unbudgeted position at the MSST.  On April 14, 2008, the applicant received a 
$1,400 SELRES Affiliation Bonus as a result of his affiliation with the SELRES for seven full 
months during his MSO from October 19, 2006, through May 25, 2007, and his reenlistment on 
April 14, 2007. 

APPLICABLE REGULATIONS 

 
When the applicant reenlisted in the Reserve on April 14, 2007, ALCOAST 064/07 was 
in effect.  It stated that “[f]or the purpose of this ALCOAST and the SELRES Bonus Program, 
critical units are defined as port security units (PSU) and Naval Coastal Warfare Units (NCW).”  
ALCOAST 064/07 provided for the following types of SELRES bonuses for people with prior 
military service: 

 

 
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.  Applicants assigned to an overbilleted or unbudgeted 
position are not authorized to receive this bonus. 
  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 participa-
tion standards contained in Chapter 4 of [the Reserve Policy Manual] have been met. 

●  ●  ● 

●  ●  ● 

5.  Affiliation Bonus. 
   A.  Eligibility requirement for RELAD personnel in the FS, MK, or OS ratings at a 
critical unit or in the MK or OS ratings at a non-critical unit, who are E-4 or above and 
obligated to serve the remainder of their initial eight-year MSO in the Ready Reserve:  
Member  agrees  to  affiliate  with  the  SELRES  for  a  minimum  of  three  years.    The 
SELRES affiliation agreement for bonus payment should be executed before the member 

is released from active duty.  However, if necessary, the agreement may be executed up 
to one year after the RELAD date. 
   B.  Assignments to overbilleted and unbudgeted positions are highly discouraged, but 
will not preclude RELAD members from receiving an affiliation bonus unless they are 
pursuing a lateral change in rate. 

   D.  Bonus Amount:  The amount of the bonus paid will be determined by multiplying 
200 dollars times the number of months, up to 48, of Reserve obligation the member has 
remaining or, if member is on active duty, will have remaining at the time of discharge.  
For  example,  if  a  member  has  a  remaining  [MSO]  of  one  year  and  nine  months  and 
agrees to affiliate with the SELRES for a minimum of three years, the member is eligible 
to receive only one year and nine months of bonus entitlements. 

●  ●  ● 

●  ●  ● 

●  ●  ● 

7.    Reenlistment/Extension  Bonus.    Due  to  the  current  high  rate  of  retention,  the 
reenlistment/extension bonus is not offered at this time.  

9.  … Bonus eligibility shall be documented on an Administrative Remarks (CG-3307) 
entry  reading  as  follows:    “I  have  been  advised  that  I  am  eligible  for  a  XXX  dollar 
SELRES Enlistment or Affiliation Incentive Bonus.  Receipt of this bonus commits me 
to  SELRES  participation  through  MM/DD/YYYY.    I  hereby  acknowledge  that  I  have 
read and fully understand the contents of COMDTINST 7220.1 (series) and ALCOAST 
XXX/07.” 

VIEWS OF THE COAST GUARD 

 

 

On April 9, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 

advisory opinion in which he recommended that the Board grant relief.   

 
The JAG stated that on April 14, 2007, the applicant was an MK2 with more than seven 
years and nine months but less than thirteen years of combined military service, and he had only 
six  weeks  remaining  to  run  on  his  original  eight-year  MSO.    Therefore,  the  JAG  alleged,  the 
applicant was within six weeks of being eligible for the $6,000 Prior Service Enlistment Bonus 
authorized under paragraph 4 of ALCOAST 064/07.   

 
The JAG asked, “Why would Applicant accept a $1,400 SELRES affiliation bonus, when 
he could have waited to enlist at the end of the following month and receive a $6,000 prior ser-
vice enlistment bonus for a six-year SELRES agreement?”  The JAG argued that if the applicant 
had been “counseled per SELRES bonus policy within ALCOAST 064/07, he would have waited 
until the end of the following month to enlist to be eligible for the $6,000 bonus.” 

 
The JAG submitted the applicant’s drill record and alleged that since the applicant has 
already completed IADT and met the SELRES participation standards under the Reserve Policy 
Manual during the year following his reenlistment, he would have qualified for the $6,000 bonus 
if he had waited six weeks to reenlist in the Reserve.  Therefore, the JAG recommended that the 
Board  void  the  applicant’s  April  14,  2007,  reenlistment  contract  and  reenlist  him  on May 29, 
2007, instead to fully qualify him for the $6,000 Prior Service Enlistment Bonus.  The JAG noted 
that the $1,400 Affiliation Bonus would be deducted from his new bonus amount. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On April 10, 2009, the Chair sent the applicant a copy of the JAG’s advisory opinion and 
invited him to respond within thirty days.  On June 30, 2009, the applicant responded and dis-
agreed  with  the  Coast  Guard’s  recommendation.    He  alleged  that  he  had  intended  to  affiliate 
immediately upon his release from active duty in order to receive the Affiliation Bonus of $200 
per month for nine months, but a yeoman lost his forms.  Therefore, he did not drill upon being 
RELAD.  Instead, he affiliated in October 2006, when he resubmitted his affiliation paperwork.  
As  a  result,  he  received  an  Affiliation  Bonus  of  only  $1,400,  and  it  was  taxable  because  his 
paperwork was submitted stateside.  He stated that when he originally completed the paperwork 
to affiliate with the SELRES, he was in Bahrain, a combat zone, and so his Affiliation Bonus 
should have been tax exempt. 
 
 
The  applicant  further  alleged  that  the  Affiliation  Bonus  he  received  has  nothing  to  do 
with  his  claim  for  a  Prior  Service  Enlistment  Bonus,  which  is  based  on  the  April  14,  2007, 
Reserve  reenlistment  contract.    He  asked  that  the  promised  bonus  be  honored  or  that  the 
reenlistment contract be voided. 
 

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 alleged that his command promised him a $6,000 SELRES bonus 
for reenlisting for six years on April 14, 2007.  The reenlistment contract he signed shows that he 
was promised a SELRES bonus but does not state the type (Affiliation or Prior Service Enlist-
ment) or the amount promised.  The applicant submitted no evidence that supports his claim that 
he was promised a Prior Service Enlistment Bonus of $6,000, instead of the $1,400 Affiliation 
Bonus he received.  Eligibility for either type of SELRES bonus required him to obligate addi-
tional service by reenlisting in the Reserve, which he did not do until April 14, 2007. 

The  applicant  further  alleged  that  he  completed  and submitted all of the paper-
work to affiliate when he was in Bahrain prior to being RELAD, but a yeoman lost it, so he had 
to resubmit the paperwork after he was RELAD.  The record before the Board, however, does not 
contain any documentation showing that he attempted to affiliate with the SELRES and to obli-
gate additional service prior to his release from active duty.  The Board begins its analysis in 
every case by presuming that the disputed information in the applicant’s military record is correct 
as it appears in his record, and the applicant bears the burden of proving by a preponderance of 
the evidence that the disputed information is erroneous or unjust.1  Absent evidence to the con-

 
3. 

                                                 
1 33 C.F.R. § 52.24(b) 

trary, the Board presumes that Coast Guard officials have carried out their duties “correctly, law-
fully, and in good faith.”2  

The JAG argued that the applicant was poorly counseled and that he should have 
been advised to wait six weeks and reenlist after his MSO ended, when, the JAG alleged, the 
applicant  would  have  been  eligible  for  the  $6,000  Prior  Service  Enlistment  Bonus  under 
ALCOAST 064/07.  However, in so arguing, the JAG has ignored one of the requirements for a 
Prior  Service  Enlistment  Bonus  under  ALCOAST  064/07,  which  is  that  the  member  must  be 
assigned to a budgeted position.  The Coast Guard’s Direct Access database shows that the appli-
cant has been assigned to an unbudgeted position ever since he affiliated with the SELRES on 
October 19, 2006.  Therefore, if the applicant had waited six weeks and reenlisted when his MSO 
ended,  he  would  not  have  been  eligible  for  either  an  Affiliation  Bonus  (because  it  required 
remaining MSO) or a Prior Service Enlistment Bonus (because it required a budgeted position). 

The  Board  notes  that  there  is  no  CG-3307  (Page  7)  in  the  record  documenting 
bonus counseling in April 2007, as required by ALCOAST 064/07.  However, the applicant was 
an active member of the SELRES with more than 7 years of active duty experience and presuma-
bly  had  access  to  ALCOAST  064/07,  which  is  published  on  the  Coast Guard’s website.  The 
applicant has not proved that he was miscounseled about his bonus amount, but even assuming 
arguendo that he was, proper counseling would have informed him that he should reenlist to take 
advantage of the Affiliation Bonus (which is what he did) because he would soon be ineligible 
for any SELRES bonus. 

 
5. 

 
6. 

 
4. 

 
7. 

 
8. 

The  only  evidence  in  the  record  that  supports  the  applicant’s  allegation  that  he 
was  promised  the  $6,000  Prior  Service  Enlistment  Bonus  is  the  fact  that  he  reenlisted  in  the 
Reserve for six years rather than the minimum of three years required for an Affiliation Bonus.  
The potential inference of the six-year contract, however, is by itself insufficient to overcome the 
presumption of regularity accorded the Coast Guard.  The Board finds that the applicant has not 
proved  by  a  preponderance  of  the  evidence  that  his  failure  to  receive  a  $6,000  Prior  Service 
Enlistment Bonus under ALCOAST 064/07 was erroneous or unjust.3  The preponderance of the 
evidence shows that he was entitled to and received an Affiliation Bonus under that ALCOAST 
and that he was ineligible for a Prior Service Enlistment Bonus. 

Because of the possibility that the applicant was erroneously promised a $6,000 
Prior Service Enlistment Bonus for reenlisting for six years and because the Affiliation Bonus he 
received required only a three-year reenlistment contract, the Board finds that, in the interest of 
justice,  the  applicant  should  have  the  option  of  reducing  the  term of his Reserve reenlistment 
contract from six years to three years. 

Accordingly, the applicant’s request for a $6,000 bonus should be denied, but he 
should have the option of reducing the term of his Reserve reenlistment from six years to three 
years. 

                                                 
2 Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 
1979). 
3 For the purposes of the BCMRs, “‘[i]njustice’, when not also ‘error’, is treatment by the military authorities, that 
shocks the sense of justice, but is not technically illegal.” Reale v. United States, 208 Ct. Cl. 1010, 1011 (1976). 

The application of MK2 xxxxxxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his 
military record is denied, except that within 60 days of the date of this decision, he shall be given 
the  option  of  reducing  the  term  of  his April 14, 2007, Reserve reenlistment contract from six 
years to three years, at his discretion. 

 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

ORDER 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Lillian Cheng 

 

 

 
 Nancy L. Friedman 

 

 

 
 Vicki J. Ray