DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2009-141 
 
XXXXXXXXXXXX 
XXXXXXXXXXXX 
   

 

 
 

FINAL DECISION 

 
 
This proceeding was conducted according to the provisions of section 1552 of title 10 and 
section 425 of title 14 of the United States Code.  The Chair docketed the case upon receipt of 
the  applicant’s  completed  application  on  May  1,  2009,  and  subsequently  prepared  the  final 
decision for the Board as required by 33 CFR § 52.61(c).         
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  January  28,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant asked the Board to correct his military record so that he is paid the $6,000 
affiliation  bonus  that  he  was  promised  in  a  written  reenlistment  contract  dated  September  7, 
2005.  The applicant submitted a copy of his reenlistment contract which contains the following 
term:  “This contract is for four years in the U.S. Coast Guard Reserve.  Member is entitled to a 
selected Reserve (SELRES) affiliation bonus as per ALCOAST 293/05 in the amount of $6,000.”   
 

BACKGROUND 

 
 
The  applicant  enlisted  in  the  Reserve  on  May  19,  1998,  for  six  years.    However,  the 
applicant  acknowledged  on  the  enlistment  contract  that  “I  am  incurring  a  military  service 
obligation  (MSO)  of  8  years,  unless  discharged  sooner.”   The applicant further acknowledged 
that he was required to participate satisfactorily in the SELRES for six years from the date of 
enlistment,  but  that  he  could  serve  the  last  two  years  of  his  MSO  in  the  Individual  Ready 
Reserve.  The  applicant  was  promised  a  Level  II  ($2,000)  SELRES  enlistment  bonus  for  this 
enlistment.    After  recruit  training  and  “A”  school,  the  applicant  entered  into  a  three-year 
extended  active  duty  agreement  on  September  22,  1999  and  served  on  active  duty  until  his 
discharge due to immediate reenlistment on September 19, 2001.  His DD 214 indicates that at 
the time he still had a Reserve obligation until May 18, 2006. 
 

 
Although there is no enlistment contract in the record, the Coast Guard’s “Direct Access” 
computerized  database  indicates  that  the  applicant  reenlisted  in  the  regular  Coast  Guard  on 
September 20, 2001 for four years with an end of enlistment date of September 19, 2005.  An 
administrative remarks page (page 7) states that the applicant was released from active duty on 
August  21,  2005  and  immediately  transferred  to  the  Coast  Guard  reserve  to  complete  the 
remainder of his military service obligation (MSO).  The page 7 indicates that the applicant was 
provided with a DD 214 for this period of active duty, but none is in the record provided to the 
Board by the Coast Guard.   
 
 
The same day as his release from active duty on August 21, 2005, the applicant signed a 
page  7,  which  stated  that  he  was  eligible  for  a  $1,500  Level  1  SELRES  affiliation  bonus  in 
accordance with ALCOAST 293/05.  The page 7 also stated that the applicant was eligible to 
serve  a  maximum  of  12  months  and  his  bonus  would  be  computed  based  on  12  months  of 
obligated  service.    The  applicant  acknowledged  on  the  page  7  that  he  had  read  and  fully 
understood the contents and explanations of Chapter 3 of the Personnel Manual. 
 
 
Subsequently, on September 7, 2005, the applicant and the Coast Guard entered into a 
reenlistment contract in which the applicant agreed to serve four years in the SELRES, for which 
he  was  promised  a  $6,000  affiliation  bonus  under  ALCOAST  293/05.    The  applicant  and  the 
Coast Guard also signed a page 7 informing the applicant that he was eligible for a $6,000 level 1 
SELRES affiliation bonus in accordance with ALCOAST 293/05 and that his bonus would be 
computed based on 48 months of obligated service.  Again, the applicant verified on the page 7 
that he had read and understood the contents of Chapter 3 of the Personnel Manual.   
 
 
The record indicates that the applicant served four years in the SELRES as required by his 
2005 reenlistment contract, but apparently the Coast Guard refused to pay the $6,000 bonus.  The 
applicant seeks payment of the promised bonus through the correction of his military record.   
 

VIEWS OF THE COAST GUARD 

On April 23, 2008, the Judge Advocate General (JAG) of the Coast Guard recommended 

 
 
that the Board deny the requested relief and grant alternative relief as follows: 
 

A  review  of  the  applicant’s  record  .  .  .  document[s]  a  counseling  session  took 
place  on  7  September  2005,  thus  aids  in  supporting  part  of  the  applicant’s 
allegation  of  error.    However,  according  to  COMDTINST  M1000.6A,  Article 
3.E.5.2.c.[1] one of the eligibility factors that the applicant must meet is that the 
applicant  “must  not have previously received an affiliation bonus for service in 
the  SELRES.”    When  the  applicant  enlisted  into  the  Coast  Guard  SELRES 
program on 19 May 1998, he was eligible for a Level II SELRES bonus . . .  A 
review of the applicant’s pay record does indicate one of the two installments was 
made.    In  accordance  with  COMDTINST  M1000.6A,  Article  3.E.5.3  the 
“Member must submit a written request to PSC (mas) via their chain of command 

                                                 
1 This provision was not a part of the Personnel Manual in September 2005 when the applicant entered into his 
reenlistment contract or when he signed the page 7.  The governing instruction at that time was COMDTINST 
7220.1A, which seems to indicate that a member can receive only one affiliation bonus. 

for  the  remainder  of  the  bonus  amount  one  year  after  the  date  of  the  initial 
payment.  The applicant’s second installment should have been paid.  No negative 
or adverse page 7s were found in the applicant’s record that would disqualify him 
from receiving the second half of the initial bonus.  
 
Recommendation:    The  Coast  Guard  recommends  that  the  Board  deny  the 
applicant’s request, but recommends that the applicant receives the second half of 
his initial bonus that was processed on May 19, 1998 . . .   

The  Coast  Guard  submitted  a  computer  print  out  from the Pay Center showing that in 

 
 
1998  the applicant was entitle to a $2,000 of which he received one installment of $1,000.  
 

APPLICANT’S RESPONSE TO THE COAST GUARD’S VIEWS 

 
 
On October 8, 2009, the Board received the applicant’s response to the views of the Coast 
Guard.  The applicant argued that he has a valid enlistment contract that promised him a $6,000 
affiliation bonus for four years in the SELRES.  He stated that he honored the contract by serving 
four  years  in  the  SELRES.    He  stated  that  the  bonus  was  incentive  for  his  enlistment  in  the 
Reserve  and  that  he  needed  the  money  because  of  unemployment.    He  stated  that  the  Coast 
Guard’s refusal to pay the bonus caused his family financial hardship.  In the applicant’s view, 
the  Coast  Guard  is  obligated  to  pay  the  $6,000  as  well  as  the  $1,000  that  the  Coast  Guard 
admitted he was owed from the 1998 affiliation bonus.   
 

APPLICABLE REGULATIONS 

 

ALCOAST  293/05  that  became  effective  on  June  22,  2005,  stated  the  following  with 

 
respect eligibility requirements for a SELRES affiliation bonus: 
 

2. Bonus Amounts. 
 
A. For petty officers who serve in a critical rating (BM, MK, OS) and are assigned 
to  a  critical  unit  (PSU  or  NCW  unit)  $2,500  for  each  full  year  of  remaining 
military  service  obligation,  not  to  exceed  a  total  authorized  bonus  of  10,000 
dollars (one half of the bonus will be paid upon affiliation and the remaining one 
half will be paid one year later. 
 
B. For petty officers who either serve in a critical rating (BM, MK, MST, OS) or 
are  assigned  to  a  critical  unit  but  not  both,  1,500  dollars  for  each  full  year 
remaining  military  service  obligation  not  to  exceed  a  total  authorized  bonus  of 
6,000  dollars  (one  half  of  the  bonus  will  be  paid  upon  affiliation  and  the 
remaining one half will be paid one year later   . . .  
 
3. Eligibility: 
 
A. An affiliation bonus is authorized for RELAD personnel obligated to serve the 
remainder  of  their  initial  eight-year  military  service  obligation  in  the  Ready 
Reserve.  It is preferred that the SELRES affiliation agreement for bonus payment 

be executed before the member leaves active duty.  And it must be executed not 
later than 90 days after the RELAD date.   
 
B.  Commands my authorized Reserve Extensions of enlistment for a member to 
achieve one-additional full year of remaining obligated service in order to become 
eligible for an increased bonus amount . . . The affiliation bonus eligibility period 
runs from the date the affiliation agreement is effected, not the member’s RELAD 
date . . .    
 
4.  Additional  application  procedures  and  information  relating  to  recoupment  of 
bonuses  should  a  member  not  satisfactorily  complete  a  contract  .  .  .    Before 
advising members of bonus eligibility, commands or recruiters shall ensure that 
all  members  meet  all  requirements  in  [SELRES  Enlisted  Bonus  Programs, 
COMDTINST  7220.1  (Series)]  and  this  message.    Bonus  eligibility  shall  be 
documented on a [page 7] entry reading as follows:    ‘I have been advised that I 
am eligible for a xxxx dollar SELRES affiliation incentive bonus.  Receipt of this 
bonus  commits  me  to  SELRES  participation  through  MM/DD/YY.    I  hereby 
acknowledge that I have ready and fully understand the contents of COMDTINST 
7220.1 . . . . and ALCOAST XXX/05.’  

 

FINDINGS AND CONCLUSIONS 

The  Board  makes  the  following  findings  and  conclusions  based  on  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.   
 
 
2.  The applicant was released from active duty on August 22, 2005, and entered into a 
reenlistment in the Reserve on September 7, 2005 for which he received a promise for a $6,000 
SELRES  affiliation  bonus.  The  BCMR  did  not  receive  his  application  until  April  29,  2009.  
Therefore the application is not timely.  To be timely, an application for correction of a military 
record  must  be  submitted  within  three  years  after  the  applicant  discovered  or  should  have 
discovered the alleged error or injustice.  See 33 CFR 52.22.   This application was submitted 
approximately six months beyond the statute of limitations.   The applicant asserted that he did 
not discover the alleged error  until March 29, 2009.   He failed to explain why he did not or 
could  not  discover  the  alleged  error  earlier,  particularly  since  he  did  not  receive  the  first 
installment of the promised SRB which was due upon affiliation with the SELRES on or about 
September  7,  2005.    The  applicant  should  have  discovered  the  alleged  error  when  he  did  not 
receive the first installment of the bonus upon affiliation with the Reserve.   
 

3.    In  Allen  v.  Card,  799  F.  Supp.  158,  164  (D.D.C.  1992),  the  court  stated  that  to 
determine whether the interest of justice supports a waiver of the statute of limitations, the Board 
“should analyze both the reasons for the delay and the potential merits of the claim based on a 
cursory review.”  The court further instructed that “the longer the delay has been and the weaker 
the reasons are for the delay, the more compelling the merits would need to be to justify a full 
review.”  Id. at 164, 165.    

 
4.  The applicant argued that although untimely it is in the interest of justice to consider 
his application because he has faithfully served the country and the Coast Guard for 12 years.  He 
asserted that based upon his devotion to duty, a core Coast Guard Value, he reenlisted and served 
in  the  Coast  Guard  Reserve.    He  argued  that  the  Coast  Guard  should  honor  its  Core  Values 
(Honor,  Respect  and  Devotion  to  Duty)  and  pay  the  affiliation  bonus  that  it  promised  to  him 
when he reenlisted in the Reserve and agreed to serve four years in the SELRES.  Due to the 
apparent misunderstanding of the applicable ALCOAST and regulation by the parties involved, 
the potential for success on the merits, and the short six-month delay in bringing this application, 
the Board will excuse the untimeliness of the application in the interest of justice.    
 
 
5.    ALCOAST  293/05  amended  paragraph  2.C.  (affiliation  bonuses)  of  ALCOAST 
093/05.  The portion of ALCOAST 293/05 pertinent to the applicant’s application states that “for 
petty officers who serve in a critical rating . . . or are assigned to a critical unit but not both, 1,500 
dollars for each full year of remaining military service obligation, not to exceed a total authorized 
bonus of 6,000 dollars.”  When the applicant was released from active duty on August 22, 2005, 
he  had  approximately  9  months  of  military  service  obligation  remaining  from  his  initial 
enlistment.    According  to  his  2001  DD  214,  his  Reserve  obligation  ended  on  May  18,  2006.  
ALCOAST 293/05 permitted a one-time extension of enlistment “to achieve one additional full 
year of remaining obligated service in order to become eligible for an increased bonus amount.” 
The Coast Guard seems to have complied with ALCOAST 293/05 on the August 22, 2005 page 
7  by  promising  the  applicant  a  $1,500  bonus  for  12  months  of  remaining  military  service 
obligation in the SELRES.  There is no evidence in the record that the Coast Guard took any 
action with regard to this page 7 and there certainly is no evidence in the record that the applicant 
received the $1,500.        
 
6.  Rather for reasons that remain unexplained, on September 7, 2005, the Coast Guard 
 
counseled the applicant on a new page 7 that he was eligible for a $6,000 affiliation bonus for 48 
months in the SELRES under ALCOAST 293/05.  On the same date, the applicant reenlisted in 
Reserve and agreed to serve in the SELRES for four years, which he did.  He was promised a 
$6,000 affiliation bonus based on the new four-year reenlistment contract.  
 
 
7.  The Coast Guard stated in the advisory opinion that the applicant was not entitled to 
the  September  2005  affiliation  bonus  because  under  Article  3.E.5.3.  of  the  Personnel  Manual 
(COMDTINST  M1000.6A.)2,  he  could  receive  only  one  affiliation  bonus,  and  he  had  already 
received a $2,000 SELRES enlistment bonus in 1998, of which only $1000 was paid. While the 
Coast Guard’s assertion that a member can receive only one affiliation bonus may be correct, it 
does not apply in this situation.  The 1998 SELRES bonus was an enlistment bonus and not an 
affiliation  bonus.    It  even  states  this  on  the  1998  page  7  counseling  regarding  the  enlistment 
bonus.  The Coast Guard has apparently confused enlistment and affiliation bonuses. Enlistment 
bonuses  are  offered to individuals who have never served in the military to entice enlistment.  
Article  2.a.  of  Enclosure  (2)  to  COMDTINST  7220.1A.  Affiliation  bonuses  are  offered  to 
individuals  who  are  released  from  active  duty,  but  have  a  remaining  initial  military  service 
                                                 
2 The Board notes that Article 3.E.5.3. of COMDTINST M1000.6A cited by the Coast Guard was not a part of the 
Personnel Manual when the applicant executed his 2005 reenlistment contract.  The Personnel Manual was modified 
on June 18, 2007 to include regulations pertaining to SELRES bonuses.  COMDTINST 7220.1A was in effect in 
2005 and arguably permitted only one affiliation bonus. 
 

obligation  and  commit  to  serve  that  time  in  the  SELRES.  Article  2.a.  of  Enclosure  (3)  to 
COMDTINST 7220.1A. As far as the Board can determine, neither the Personnel Manual nor 
COMDTINST  7220.1A  prohibited  receiving  an  enlistment  bonus  and  a  subsequent  affiliation 
bonus.    In  light  of  the  above,  the  Coast  Guard’s  reason  for  not  paying  the  September  2005 
affiliation bonus is erroneous, and it has not offered a legitimate reason for refusing to pay the 
bonus. 3    
  
8.    Even  if  the  applicant  did  not  meet  all  of  the  eligibility  requirements  for  the  2005 
 
affiliation bonus, ALCOAST 293/05, placed responsibility on the commands for ensuring that 
members  meet  all  eligibility  requirements  for  the  affiliation  bonus.    See  paragraph  4.  of 
ALCOAST 293/05.  Therefore, the Service had a responsibility to know and should have known 
whether the applicant was eligible for a SELRES affiliation bonus before promising it to him in 
September 2005. If the Coast Guard promised the applicant an affiliation bonus for which he was 
not eligible, it committed an error by not checking the record to ensure his eligibility.   The Coast 
Guard  committed  a  further  error  by  having  the  applicant  sign  the  September  2005  page  7 
counseling  entry  stating  that  he  has  read  and  understands  the  contents  of  Chapter  3  of  the 
Personnel Manual (which related to active duty bonuses) rather than having him sign an entry 
stating that he has read and understands the contents of COMDTINST 7220.1A (which related to 
SELRES bonuses), as required by ALCOAST 293/05.   
 
 
9.  By refusing to pay the promised $6,000 affiliation bonus and without offering a valid 
reason for doing so, particularly after the applicant fulfilled his obligations under the contract, the 
Coast Guard committed error and injustice against the applicant that shocks the Board’s sense of 
justice.4   Further, the applicant relied to his detriment on the counseling provided by the Coast 
Guard and the promise of an affiliation bonus in his reenlistment contract.  He stated that because 
the Coast Guard refused to honor the promised bonus, he was forced to borrow money to meet 
his  family’s  needs  because  he  was  unemployed  at  the  time.    The  Board  finds  the  applicant’s 
argument persuasive because he was discharged from active duty on August 22, 2005 and there is 
no evidence that he had a civilian job waiting for him at that time.  If the Board were to ignore 
the Coast Guard’s ultimate responsibility in this situation, it would punish the applicant and fail 
to live up to its “abiding moral sanction to determine, insofar as possible, the true nature of an 
alleged injustice and to take steps to grant thorough and fitting relief.”  Yee v. United States, 512 

                                                 
3 The Board notes that Section 3.A. of ALCOAST 293/05 could have been the reason for the Coast Guard’s refusal 
to pay the 2005 bonus.  This provision states, “An affiliation bonus is authorized for [personnel released from active 
duty] obligated to serve the remainder of their initial eight-year military service obligations in the Ready Reserve” 
[Emphasis  added.]  The  applicant’s  2005  reenlistment  constituted  a  new  period  of  service,  which  is  not  the  same 
thing  as  the  remainder  of  his  initial  eight-year  military  service  obligation.  The  Coast  Guard  does  not  offer  this 
provision as a basis for its non-payment of the 2005 bonus and the Board will accept that it did not pay the bonus 
because it believed that the applicant had already received one affiliation bonus.    
 
4 For BCMR purposes  “[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 Board has 
authority to determine whether an injustice exists on a “case-by-case basis.” Docket No. 2002-040 (DOT BCMR, 
Decision  of  the  Deputy  General  Counsel,  Dec.  4,  2002).    “Indeed,  ‘when  a  correction  board  fails  to  correct  an 
injustice clearly presented in the record before it, it is acting in violation of its mandate.’” Roth v. United States, 378 
F.3d 1371, 1381 (Fed. Cir. 2004) (quoting Yee v. United States, 206 Ct. Cl. 388, 397 (1975)). And “[w]hen a board 
does not act to redress clear injustice, its decision is arbitrary and capricious.” Boyer v. United States, 81 Fed. Cl. 
188, 194 (2008). 

F2d. 1383, 1387-88 (Ct. Cl. 1975).  In light of the above, the Coast Guard’s refusal to pay the 
$6,000 bonus was erroneous and unjust.   
 
 
9.    The  Board  will  not  direct  payment  of  the  second  installment  from  the  1998  bonus 
because it is not persuaded that the Coast Guard’s refusal to pay the remaining installment from 
the 1998 SELRES Enlistment bonus was error. The reason for non-payment of the 1998 bonus 
was probably the fact that the applicant did not serve in the SELRES but rather served on active 
duty  for  approximately  seven  years.    Article  3.  of  Enclosure  (7)  to  COMDTINST  7220.1A 
authorizes  bonus  termination  or  recoupment  if  the  member  accepts  an  extended  active  duty 
contract, which the applicant did.  Rather than serving in the SELRES for the six-year period 
under his 1998 enlistment, the applicant accepted an extended active duty contract on September 
22, 1999 and served continuously on active duty for the next seven years.  Therefore, the Coast 
Guard acted in accordance with the regulation by not paying the applicant the remaining $1,000 
of the 1998 enlistment bonus.     
 
 
10.  With respect to the immediate issue at hand, the Coast Guard should be directed to 
pay  the  applicant  the  September  2005  $6,000  affiliation  bonus.    To  avoid  confusion,  the 
September 7, 2005 reenlistment contract and the page 7 of the same date should indicate that the 
affiliation bonus was the applicant’s first.    
 
 
below. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

11.    Accordingly,  the  applicant  is  entitled  to  the  relief  discussed  above  and  directed 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 

is granted as follows:   
 

The Coast Guard shall pay the applicant the $6,000 affiliation bonus promised to him on 

his September 7, 2005 reenlistment contract.   

 
The  September  7,  2005,  reenlistment  contract  and  Page  7  of  the  same  date  shall  be 

clarified to indicate that the $6,000 affiliation bonus was his first.    
 

No other relief is granted. 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

The application of XXXXXXXXXXXXXX USCG, for correction of his military record 

ORDER 

 

 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 
 

 
 

 
 
 

 

 
 
 Robert S. Johnson, Jr. 

 

 

 
 Randall J. Kaplan 

 

 

 

 

 
 
 Thomas H. Van Horn