DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for Correction of
the Coast Guard Record of:
BCMR Docket No. 2002-099
XXXXXX, XXXXX X.
XXX XX XXXX, XXX
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. It was docketed on May 13, 2002, upon the
BCMR’s receipt of the applicant’s request for correction.
members who were designated to serve as the Board in this case.
This final decision, dated March 26, 2003, is signed by the three duly appointed
APPLICANT’S REQUEST
The applicant asked the Board to order the Coast Guard to pay him the balance
owed of $1,000 on his Reserve enlistment bonus that he was promised when he enlisted
for six years on April 26, 1999.
APPLICANT’S ALLEGATIONS
The applicant alleged that when he enlisted in the Reserve, he was promised a
$3,000 enlistment bonus. He alleged that he was counseled on his eligibility for a Level
II Selective Reserve Enlistment Bonus, as listed in Commandant Instruction 7220.1A,
dated February 5, 1998. In support of his allegations, he submitted a signed copy of a
page 7 entry, indicating that on the date he enlisted, he was eligible for a “Level 2
Selective Reserve Enlistment Bonus … [under] ALDIST 7220.1.”
The applicant alleged that his recruiting officer erred in not counseling him about
his enlistment bonus eligibility under ALDIST 224/98. He alleged that had he been
properly counseled that he was entitled only to a $2,000 enlistment bonus under
ALDIST 224/98, he would not have enlisted in the Reserves.
SUMMARY OF THE APPLICANT’S RECORD
The applicant enlisted in the Coast Guard Reserve in pay grade E-2 on April 26,
1999, for a term of six years. His enlistment contract states that he was eligible to
receive a Reserve enlistment bonus. On the same date, he signed a Statement of
Understanding for Coast Guard Reserve RP/RL Program, which was annexed to his
enlistment contract and documented that he was guaranteed an assignment in the
XXXXX (XX) Class “A” School.
Also on April 26, 1999, both the applicant and his recruiter signed a page 7,
which states that he was eligible to receive a “Level 2 Selective Reserve Enlistment
Bonus as listed in ALDIST 7220.1[A] ….” Subject to authorizing ALDISTs, under
Commandant Instruction 7220.1A, a member may receive up to a $3,000 bonus for a six-
year enlistment in a Level II rating. The applicant received only $2,000 of the promised
$3,000 enlistment bonus because at the time of his enlistment, the correct enlistment
bonus amount of $2,000 was authorized in ALDIST 224/98, rather than the maximum
amount promised by his recruiter under Commandant Instruction 7220.1A.
To date, the applicant continues to serve in the Coast Guard Reserve.
VIEWS OF THE COAST GUARD
On October 22, 2002, the Chief Counsel of the Coast Guard recommended that
the Board grant relief by awarding the applicant the promised bonus. The Chief
Counsel attached to his advisory opinion a memorandum on the case prepared by
Coast Guard Personnel Command (CGPC).
In adopting the analysis of CGPC, the Chief Counsel admitted that the
applicant’s “recruiter made an administrative error [in] using the Commandant
Instruction 7220.1A instead of ALDIST 224/98, which listed the correct enlistment
bonus….” He argued that relief should be granted for the additional $1,000 enlistment
bonus because “the applicant based his decision to enlist on this erroneous
information.”
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On October 28, 2002, the Chair sent a copy of the views of the Coast Guard to the
applicant and invited him to respond within 15 days. He agreed with the Coast
Guard’s recommendation.
APPLICABLE LAW
According to 10 U.S.C. § 1552(a)(1), “[t]he Secretary of a military department
may correct any military record of the Secretary’s department when the Secretary
considers it necessary to correct an error or remove an injustice.”
ALDIST 224/98, issued on September 24, 1998, announced the continuation of
bonuses for certain Reserve members who enlisted, reenlisted, or extended their
enlistments. Members who were both enlisting for the first time and guaranteed an “A”
school assignment were authorized to receive a Level II bonus of $2,000 for obligating
six years of service.
Enclosure (4) to COMDTINST 7220.1A, issued on February 5, 1998, contains the
terms of the Selected Reserve (SELRES) Enlisted Bonus Program for members with
prior military service. Under section 3.d. of the enclosure, it is provided that “[a]
member who enlists for six years in a Level II rating … may receive a total bonus
payment of up to $3,000.” However, the “[a]uthorizing ALDISTs will specify
implementation of the available bonuses and may authorize implementation of lesser
dollar amounts….”
PREVIOUS BCMR DECISION
In BCMR Docket No. 1999-027, the applicant had been promised a Reserve
enlistment bonus by her recruiter. However, when she finished recruit training, the
Coast Guard refused to honor that promise because she was technically ineligible for
the bonus since she had never graduated from high school. The Chief Counsel
recommended that the Board grant the applicant’s request. He argued that, although
the government is not estopped from repudiating erroneous advice given by its
officials, relief should be granted because the bonus was promised her, she provided
due consideration for it, and she acted promptly when she discovered the error. The
Board granted the applicant’s request.
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 submission, and appli-
cable law:
1552. The application was timely.
Under COMDTINST 7220.1A and ALDIST 224/98, members who were
guaranteed an assignment in “A” school and obligated six years’ of service on an
original enlistment were eligible for a Level II Reserve enlistment bonus of $2,000.
Although the applicant obligated six years on his original enlistment contract and was
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. §
1.
2.
guaranteed an assignment in XX “A” school, the Coast Guard promised him a $3,000
enlistment bonus, when ALDIST 224/98 authorized a $2,000 enlistment bonus.
3.
The Board finds, and the Chief Counsel admits, that the Coast Guard
erred when it told the applicant he would be eligible for a $3,000 Level II bonus, even
though that amount was not authorized in ALDIST 224/98, the applicable ALDIST at
the time of his enlistment.
4.
5.
Moreover, the facts of this case are very similar to the facts of BCMR
Docket No. 1999-027. Like the applicant in that case, the applicant in the instant case
was promised an enlistment bonus by his recruiter, gave due consideration for the
bonus and acted promptly upon discovering the error. In Docket No. 1999-027, the
Chief Counsel also recommended that the Board grant relief. The Board finds no reason
for the result in this case to be different than that in Docket No. 1999-027.
Accordingly, the applicant’s request should be granted.
ORDER
The application of XXX XXXXXX X. XXXXXX, XXX XX XXXX, USCGR, for the
His record shall be corrected to show that he became entitled to an enlistment
Julia Andrews
The Coast Guard shall pay him the amount due as a result of this correction.
correction of his military record is granted, as follows:
bonus of $3,000.00 when he enlisted in the Coast Guard Reserves on April 26, 1999.
Dorothy J. Ulmer
Felisa C. Garmon
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