DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2009-020
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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 boatswain’s mate, second class (BM2) in the Coast Guard Selected
Reserve (SELRES), asked the Board to correct his record to show that he is entitled to a $3,000
SELRES Affiliation Bonus. He alleged that he was promised the bonus and that it was “a big
reason why [he] did SELRES.” However, after signing the paperwork to get the bonus, he was
informed on October 22, 2008, that he would not receive it. He alleged that he was never told
that there was even a possibility that he would not receive the bonus.
In support of his allegations, the applicant submitted a CG-3307 (“Page 7”) dated Sep-
tember 27, 2008, and signed by the applicant and a chief boatswain’s mate (BMC) in the
station’s Servicing Personnel Office (SPO), which states the following:
I have been advised that I am eligible for an $3,000 dollar [sic] SELRES Enlistment or
Affiliation Bonus. Receipt of this bonus commits me to SELRES participation through
03 July 2010. I hereby acknowledge that I have read and fully understand the contents of
COMDTINST 7220.1 (series) and ALCOAST 093/05.
SUMMARY OF THE RECORD
On April 29, 2003, the applicant enlisted in the Coast Guard Reserve for eight years—
through April 28, 2011—under the Delayed Entry Program (DEP). On October 7, 2003, he
enlisted on active duty in the regular Coast Guard. The applicant advanced to BM2 and later
extended his active duty enlistment through July 6, 2008.
On July 3, 2008, the applicant was released from active duty (RELAD) into the Ready
Reserve. Because of his original eight-year Reserve enlistment, he had a remaining military ser-
vice obligation (MSO) through April 28, 2011. The Coast Guard’s Direct Access database
shows that he affiliated with the SELRES as of July 4, 2008, the day after his RELAD, and that
he was assigned to a “contingency coxswain” position at the Coast Guard’s small boat station in
Yankeetown, Florida, on July 8, 2008.
The Page 7 dated September 27, 2008, which was submitted by the applicant, does not
appear among the Page 7s entered in the applicant’s military record, which the JAG forwarded to
the Board.
APPLICABLE REGULATIONS
When the applicant was released from active duty and affiliated with the SELRES in July
2008, ALCOAST 060/08 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 060/08 provided for the following types of
SELRES bonuses for people with prior military service:
5. Affiliation Bonus.
A. Eligibility requirement for RELAD personnel in the MK rating, 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 exe-
cuted up to three months after the RELAD date.
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 reenlist-
ment/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 of 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/08.”
ALCOAST 093/05 was issued on February 22, 2005, and canceled on February 1, 2006.
Under ALCOAST 093/05, members in the BM rating who were not assigned to a PSU or NCW
unit were eligible for an Affiliation Bonus of $1,500 for each full year remaining to run on their
MSO if they affiliated with the SELRES within 90 days of being RELAD. No SELRES bonuses
have been authorized for members in the BM rating since February 5, 2007.
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 deny the requested relief and grant
alternative relief.
The JAG stated the applicant affiliated with the SELRES when he was released from
active duty in July 2008. However, on September 27, 2008, his SPO improperly advised him
that he was eligible for a SELRES Affiliation Bonus and documented that counseling on a Page
7. The JAG stated that ALCOAST 060/08 was in effect in 2008 and did not authorize any
bonuses for the BM rating. Therefore, the Page 7 was erroneous.
The JAG recommended that the Board offer the applicant the option of transferring to the
active status pool of the Reserve for the remainder of his MSO or of remaining in the SELRES
without an Affiliation Bonus.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On May 11, 2009, the applicant responded to the JAG’s advisory opinion. The applicant
stated that several members told him he could receive an Affiliation Bonus and he was counting
on the money. He alleged that merely offering him the option of leaving the SELRES is not in
his best interest or in the Coast Guard’s best interest because he is “a highly valued member at
my reserve unit as a prospective 25 foot UTB coxswain.” He said he has been wronged and that
is not being greedy or spiteful in requesting the bonus.
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 he affiliated with the SELRES in large part because he
was promised a $3,000 Affiliation Bonus. The record shows that he was not entitled to a
SELRES Affiliation Bonus in 2008 because he was not in the MK rating, which was the only
critical rating authorized SELRES bonuses in 2008 under ALCOAST 060/08. In addition, the
applicant did not sign a contract that would guarantee his affiliation with the SELRES for at least
three years, which was another requirement for an Affiliation Bonus under that ALCOAST.
The Coast Guard’s Direct Access database shows that the applicant affiliated with
the SELRES immediately upon his release from active duty on July 3, 2008, and was assigned to
a contingency coxswain position at a small boat station on July 8, 2008. He did not sign the Page
3.
4.
5.
6.
7 stating that he was eligible for an Affiliation Bonus until September 27, 2008. Therefore, the
applicant’s military record does not support his claim that a promise of an Affiliation Bonus
induced him to affiliate with the SELRES because he affiliated with the SELRES almost three
months before he and the BMC signed the Page 7 concerning his eligibility for a bonus.
When the applicant signed the Page 7 on September 27, 2008, he was a BM2 in
the SELRES with more than 5 years of active duty experience, and he had access to Coast Guard
ALCOASTs, which are published on the Coast Guard’s website. Yet he and the BMC signed the
Page 7 referencing an ALCOAST that had not been in effect for more than two and one-half
years. ALCOAST 093/05 had been canceled on February 1, 2006, and was superseded annually
by ALCOASTs 056/06, 064/07, and 060/08. In fact, members in the BM rating had not been
authorized any type of SELRES bonus since February 5, 2007.
The applicant stated that he learned he was not entitled to any SELRES bonus on
October 22, 2008. Therefore, assuming the applicant was misled by the BMC into believing that
he was eligible for a bonus for having affiliated with the SELRES more than two months previ-
ously, based on a two and one-half year old ALCOAST, he was disabused of that notion less than
four weeks later.
Given the circumstances of this case, the Board finds that the applicant’s non-
receipt of a $3,000 SELRES bonus is neither error nor injustice.1 The JAG recommended that
the Board give the applicant the option of transferring to the active status pool of the Reserve for
the remainder of his MSO because of the BMC’s erroneous advice about the bonus on September
27, 2008. Therefore, the Board will give the applicant this option.
Accordingly, the applicant’s request for a $3,000 bonus should be denied, but he
7.
should have the option of transferring to the active status pool of the Reserve.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
1 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).
ORDER
The application of BM2 xxxxxxxxxxxxxxxxxxxx, 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 transferring from the SELRES to the active status pool of the Reserve at his discretion.
Lillian Cheng
Nancy L. Friedman
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