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CG | BCMR | SRBs | 1998-108
Original file (1998-108.pdf) Auto-classification: Denied
DEPARTMENT OF TRANSPORTATION 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 1998-108 
 

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 18, 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  xxxxxxxx  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 July 17, 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 July 17, 1998.  He alleged that he was never counseled 
about ALDIST 072/98, under which he could have received a maximum reenlistment 
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 13, 1999, the Chief Counsel of the Coast Guard submitted an advisory 

 
opinion in which he recommended that the Board grant the applicant’s request. 
 

The Chief Counsel stated that, on the date of his reenlistment, the applicant was 
eligible for a Level I bonus pursuant to ALDIST 072/98 and the Selected Reserve Reen-
listment/Extension Bonus Program.  However, the Chief Counsel alleged that 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.  
 

Nevertheless,  he  recommended  that  the  Board  grant  relief  because  the  appli-
cant’s agreement to obligate himself for another two years of service would provide the 
Service  with  “the  necessary  consideration  for  the Level I Bonus he now seeks.”  Fur-
thermore, the Chief Counsel stated that the applicant’s record supports his claim that he 
would have reenlisted for 6 years on July 17, 1998, had he known of the bonus opportu-
nity. 

 
The  Chairman  sent  the  applicant  a  copy  of  the views of the Coast Guard.  On 
April 26, 1999, the applicant responded, concurring in the Chief Counsel’s recommen-
dation. 
 

SUMMARY OF THE RECORD 

 

On  November  8,  1989, the applicant enlisted in the Coast Guard Reserve for a 
period of 8 years.  His DD Form 214 shows that he was discharged upon the completion 
of  his  enlistment  (which  had  been  extended)  on  July  16,  1998.    On  July  17,  1998,  he 
reenlisted in the Reserve for a term of 4 years.  After his reenlistment, on August 18, 
1998, the applicant signed a CG-3307 form, which advised him that he had been eligible 
to reenlist for up to 6 years but would only be paid a bonus for 4 years according to the 
terms of the reenlistment contract he had signed on July 17th.  The applicant applied to 
the BCMR that same day. 

 

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.  xxxxxxxxx, such as the applicant, were authorized to receive Level 
I bonuses of $2,500 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 
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.” 
 
                                                 
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. 

____________________________ 
(signature of counselor) 

 

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 July 17, 1998.  
He alleged that, had he been counseled, he would have reenlisted for six years, instead 
of four, to earn a Level I bonus.  There is no evidence in his record that he was coun-
seled concerning ALDIST 072/98 prior to his reenlistment. 

The Chief Counsel of the Coast Guard argued that the Coast Guard did 
not  err  with  respect  to  this  case  because  it  has  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 extra 
years of service in exchange for the bonus. 

 
3. 

 

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

4. 

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. 

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. 

 
5. 

 
6. 

 
7. 

 
8. 
 

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 I bonus. 

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 XXXXXXXX, USCGR, is 
hereby  granted.    His  record  shall  be  changed  to  show  that,  on  July  17,  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 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 



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