DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 1998-102 
 
   

FINAL DECISION 

 
ANDREWS, Attorney-Advisor: 
 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 
425 of title 14 of the United States Code.  It was commenced upon the BCMR’s receipt of 
the applicant’s application on August 3, 1998. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  May  6,  1999, 

is  signed  by  the  three  duly  

RELIEF REQUESTED 

 

 
 

 

 

 
 
The applicant is a xxxxxxxxxx on active duty in the Coast Guard Reserve.  He 
asked the Board to correct his military record to show that he reenlisted for six years 
(instead of four years) on May 22, 1998.  The correction would entitle him to receive a 
Selective Reserve Prior Service Enlistment Bonus pursuant to ALDIST 072/98. 
 

APPLICANT’S ALLEGATIONS 

The applicant stated that upon the expiration of his enlistment, he immediately 
reenlisted for a term of 4 years on May 22, 1998.  He alleged that he was never coun-
seled  about  ALDIST  072/98,  under  which  he  could  have  received  a  maximum  reen-
listment bonus if he had extended for 6 years.  He alleged that he would have reenlisted 
for  6  years  had  he  been  properly  counseled  about  the  ALDIST.    He  stated  that  he 
learned about ALDIST 072/98 when he reported to his new unit after reenlistment. 

VIEWS OF THE COAST GUARD 

 

On April 8, 1999, the Chief Counsel of the Coast Guard submitted his advisory 

On April 13, 1999, the Chief Counsel revised his advisory opinion to recommend 

 
opinion in which he recommended that the Board deny the applicant’s request. 
 
The Chief Counsel argued that, under ALDIST 021/98, Reserve members must 
 
“be within their initial 8-year military service obligation (MSO) to qualify for the SEL-
RES bonus.”  The Chief Counsel alleged that the applicant did not qualify because he 
had completed his MSO prior to the date of his reenlistment. 
 
 
The  Chief  Counsel  alleged  that,  even  if  the  applicant  had  been  eligible  for  the 
bonus, the Coast Guard had no duty to counsel him regarding his eligibility. He alleged 
that neither COMDTINST 7220.1A nor any other regulation required the Coast Guard 
to advise Reserve members of their eligibility for bonuses.  Furthermore, he argued that 
the Board should not invalidate a reenlistment contract that was knowingly signed and 
accepted without evidence of fraud or duress.  
 
 
that the Board grant relief. 
 
 
The Chief Counsel explained that, although the applicant was not eligible for a 
bonus under the Selected Reserve Affiliation Bonus Program, he was eligible under the 
Selected Reserve Reenlistment/Extension Bonus Program.  The Chief Counsel did not 
retract his arguments that the Coast Guard had no duty to counsel the applicant and 
that  the  applicant  had  knowingly  signed  the  contract.    However,  he  stated  that  the 
Coast Guard recommended relief because the applicant’s agreement to obligate himself 
for another two years of service would provide the Service with “the necessary consid-
eration for the Level II Bonus he now seeks.”  Furthermore, the Chief Counsel stated 
that the applicant’s record supports his claim that he would have reenlisted for 6 years 
on May 22, 1998, had he known of the bonus opportunity. 
 
 
invited him to respond within 15 days.  The applicant did not respond. 
 

The Chairman sent the applicant copies of the both views of the Coast Guard and 

SUMMARY OF THE RECORD 

 

On  October  24,  198x,  the  applicant  enlisted  in  the  Coast  Guard  Reserve  for  a 
period of 8 years.  According to his DD Form 214, he was discharged upon the comple-
tion of his enlistment (which had been extended) on May 21, 1998.  On May 22, 1998, he 
reenlisted in the Reserve for a term of 4 years.  There is no indication in his record that 
he was counseled concerning his eligibility for a reenlistment bonus. 

 

APPLICABLE LAW 

  
Title  37  U.S.C.  §  308(a)(1)  authorizes  the  Secretary  of  Transportation  to  pay  a 
bonus to a member who has “not more than fourteen years of active duty; is qualified in 

a military skill designated as critical . . . and reenlists or voluntarily extends the mem-
ber’s enlistment for a period of at least three years—(i) in a regular component of the 
[Coast Guard]; or (ii) in a reserve component of the [Coast Guard], if the member is per-
forming active Guard and Reserve duty . . . .” 

 
ALDIST 072/98, issued on March 23, 1998, announced the continuation of bonus-
es  for  certain  Reserve  members  who  reenlisted  or  extended  their  enlistments  before 
September 30, 1998. xxxxxxxx, such as the applicant, were authorized to receive Level II 
bonuses of $2,000 if they obligated themselves to perform 6 additional years of service. 

 
COMDTINST  7220.1A,  “Selected  Reserve  (SELRES)  Enlisted  Bonus  Programs,” 
issued on February 5, 1998, contains the policies and administrative guidelines govern-
ing  Reserve  bonuses.    Enclosure  (1)  to  the  instruction  contains  the  eligibility  require-
ments for the reenlistment bonus program.  Members in paygrade E-5 who have fewer 
than 14 years of service and who have not received a previous 6-year bonus or more 
than one 3-year bonus are eligible if they meet the terms of the current ALDIST.  Para-
graph 4 of the enclosure, “Administrative procedures for bonus payment,” states that 
“[m]embers  must  sign  an  agreement  made  on  an  Administrative  Remarks form (CG-
3307) (sample in this enclosure) when reenlisting or extending their enlistment.”1  The 
sample form CG-3307 is reproduced below: 

 
 
 
 
 
 

 

Entry Type: Selective Reserve Reenlistment/Extension Bonus (BON-1) 
Reference: COMDTINST 7220.1 (series) 
Responsible Level: Unit 
Entry: 
 
(DATE):  I have been advised that I am currently eligible for a Level _____ Selective 
Reserve Reenlistment Bonus as listed in ALDIST _______, which has been made 
available to me. 
 
I am eligible to reenlist/extend my enlistment up to a maximum of ____ years.  My 
bonus will be computed based on _____ months of newly obligated service. 
 
I hereby acknowledge that I have read and fully understand the contents and 
explanation of COMDTINST 7220.1 (series). 
 
 
______________________________ 
(signature of member/date) 

 
 
 
 
 
 
 
 
 
 
 
 
 
Article 8-B-2 of the Reserve Policy Manual (COMDTINST M1001.28) states that 
“[t]he provisions of 12-B-4, Personnel Manual, COMDTINST M1000.6 (series) . . . apply 

____________________________ 
(signature of counselor) 

 

                                                 
1      The  Coast  Guard  Reserve  publishes  its  manuals  and  bonus  instructions  on  the  internet.    See,  e.g., 
COMDTINST 7220.1A at http://www.uscg.mil/reserve/pubs/bonus/boninst.htm. 

to members of the [Selected Reserve], except as explained below.”  None of the excep-
tions listed pertains to the contents of a Reservist’s predischarge interview. 
 
Article  12-B-4.b.(3)  of  the  Personnel  Manual  provides  that  during  a  member’s 
 
predischarge interview, “each potential reenlistee who would be eligible for a Selective 
Reenlistment Bonus (SRB) must be informed of that eligibility and the monetary bene-
fits of the SRB program.” 
 

PRIOR BCMR DECISIONS 

 
 
In BCMR Docket No. 121-93, the applicant asked the Board to correct his military 
record to show that he had extended his service in the regular Coast Guard for 6 years, 
and  was  therefore  due  a  selective  reenlistment  bonus  (SRB).    The  Deputy  General 
Counsel granted relief, finding in part that “Coast Guard regulations require that mem-
bers  be  ‘fully  advised’  of  SRB  opportunities”2  and  that  the  Board  had  “commonly 
afforded relief under similar circumstances in the past, and . . . reversal of such prece-
dents without a firm basis in the record would be clearly unreasonable here.” 
 

In BCMR Docket No. 69-97, the applicant asked the BCMR to correct his record 
to show that he had extended his enlistment for 6 years in order to receive an SRB.  The 
Deputy General Counsel concurred in the Board’s recommended decision.  She noted 
that  “the  SRB  statute,  37  U.S.C.  §  308(a),  refers  equally to SRB eligible members who 
‘reenlist[] or voluntarily extend[] [their] enlistment[s].’” BCMR Docket No. 69-97, Dep-
uty General Counsel’s Concurring Decision, at 2.  She concluded that the Coast Guard 
had  no  rational  basis  for  distinguishing  between  potential  reenlistees  and  potential 
extendees.  Therefore, the “Coast Guard erred in drafting COMDTINST 7220.13E when 
it failed to require mandatory counseling for potential extendees on an equal basis with 
potential reenlistees.” Id. at 3. 
 

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 appli-
cable law: 
 

1. 

The Board has jurisdiction concerning this matter pursuant to section 1552 

of title 10, United States Code.  The application was timely. 
 

2. 

The  applicant  signed  a  sworn  statement  indicating  that  he  was  never 
counseled about the terms of ALDIST 072/98 prior to his reenlistment on May 22, 1998.  
He alleged that, had he been counseled, he would have reenlisted for six years, instead 

                                                 
2 The Deputy General Counsel cited BCMR Nos. 224-87, 263-87, 268-87, 285-87 for this position. 

of four, to earn a Level II bonus.  There is no evidence in his record that he was ever 
counseled concerning ALDIST 072/98. 

The Chief Counsel of the Coast Guard argued that the Coast Guard did 
not  err  with  respect  to  this  case  because  it  had  no  duty  to  counsel  members  of  the 
Reserve about their eligibility for reenlistment bonuses.  Nevertheless, he recommended 
that  the  Board  grant  relief  because  the  applicant  would  be  obligating  himself  to 
additional years of service in exchange for the bonus. 

 
According to Article 8-B-2 of the Reserve Policy Manual, Article 12-B-4 of 
the  Personnel  Manual  applies  to  the  applicant  as  a  member  of  the  Selected  Reserve.  
Article  12-B-4.b.(3)  of  the  Personnel  Manual  provides that during a member’s predis-
charge  interview,  “each  potential  reenlistee  who  would  be  eligible  for  a  Selective 
Reenlistment Bonus (SRB) must be informed of that eligibility and the monetary bene-
fits of the SRB program.” The SRB program is the reenlistment bonus program for the 
regular  Coast  Guard  that  corresponds  to  the  reenlistment  bonus  program  for  the 
Reserves.    Because  Article  8-B-2  of  the  Reserve  Policy  Manual  expressly  makes  the 
terms  of  Article  12-B-4  applicable  to  the  Selected  Reserve,  the  Board  finds  the  Coast 
Guard  had  a  duty  to  counsel  the  applicant concerning his eligibility under the corre-
sponding bonus program for the Reserves. 

In BCMR Docket No. 69-97, the Deputy General Counsel found that the 
Coast Guard had erred in drafting its regulations to require counseling about bonus eli-
gibility for potential reenlistees but not for potential extendees.  She stated that under 37 
U.S.C.  §  308,  Congress  intended  both  reenlistees  and  extendees  to  benefit  from  the 
bonus  program  and  that  the  Coast  Guard  had  no  rational  basis  for  counseling  one 
group but not the other.  Likewise, in 37 U.S.C. § 308, Congress authorized payment of 
bonuses to members on active duty in the Reserve as well as the regular Coast Guard.  
The Board recognizes that the different nature of the Reserve may require many differ-
ences in policy and regulations.  Nevertheless, the Board is not persuaded that members 
on  active  duty  in  the  Selected  Reserve  are  any  less  entitled  to being counseled about 
their bonus opportunities than members of the regular Coast Guard. 

Enclosure  (1)  to  COMDTINST  7220.1A  states  that,  to  receive  a  bonus, 
Reserve “[m]embers must sign an agreement made on an Administrative Remarks form 
(CG-3307)  (sample  in  this  enclosure)  when  reenlisting  or  extending  their  enlistment.”  
The sample form shown in the regulation is to be signed by a “counselor” as well as the 
member.  Moreover, the member must acknowledge that he has been “advised” of his 
eligibility for a bonus.  However, nothing in COMDTINST 7220.1A states that all eligi-
ble members must be counseled concerning their eligibility for a bonus. 

 
3. 

 
4. 

 

 
5. 

 
6. 

7. 

The Coast Guard erred by failing to counsel the applicant about his eligi-
bility for a bonus under ALDIST 072/98.  Had the Coast Guard properly counseled the 
applicant, he would have reenlisted for six years to receive a Level II bonus. 

 
8. 
 

Accordingly, the applicant’s request should be granted. 

 
 
 
 

[ORDER AND SIGNATURES APPEAR ON THE NEXT PAGE]

 
 

 
 

 
 

ORDER 

 

 
 

_______________________________ 
Mark A. Holmstrup 

The application for correction of the military record of XXXXXXXXX, USCGR, is 
hereby  granted.    His  record  shall  be  changed  to  show  that,  on  May  22,  1998,  he 
reenlisted for a period of 6 years for the purpose of obtaining a reenlistment bonus.  The 
Coast Guard shall pay the applicant the sum he is due as a result of this correction. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

_______________________________ 
Walter K. Myers 

_______________________________ 
Pamela M. Pelcovits