Search Decisions

Decision Text

CG | BCMR | SRBs | 2002-099
Original file (2002-099.pdf) Auto-classification: Denied
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 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 



Similar Decisions

  • CG | BCMR | SRBs | 1999-135

    Original file (1999-135.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. VIEWS OF THE COAST GUARD On January 14, 2000, the Chief Counsel of the Coast Guard recommended that the Board “grant relief” not by awarding the applicant the promised bonus but by giving her a choice of three options: • Correct her enlistment contract to show that she entered a rating that qualifies her for a bonus under ALDIST 224/98 (she would...

  • CG | BCMR | SRBs | 1999-121

    Original file (1999-121.pdf) Auto-classification: Denied

    VIEWS OF THE COAST GUARD On January 14, 2000, the Chief Counsel of the Coast Guard recommended that the Board “grant relief” not by awarding the applicant the promised bonus but by giving him a choice of three options: • Correct his enlistment contract to show that he entered a rating that quali- fies him for a bonus under ALDIST 072/98 (he would also have to attend “A” School in the new rating). The Chief Counsel admitted that the applicant’s recruiter promised him a bonus upon enlistment...

  • CG | BCMR | SRBs | 1998-102

    Original file (1998-102.pdf) Auto-classification: Denied

    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. (3) of the Personnel Manual provides that during a member’s...

  • CG | BCMR | SRBs | 1998-108

    Original file (1998-108.pdf) Auto-classification: Denied

    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. He alleged that neither COMDTINST 7220.1A nor any other regulation required the Coast Guard to advise Reserve members of their eligibility for bonuses. 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...

  • CG | BCMR | Other Cases | 2007-207

    Original file (2007-207.pdf) Auto-classification: Denied

    2005-117, the applicant stated that he was promised a $4000 SELRES enlistment bonus by his recruiter. Section B of the applicant’s enlistment contract incorporates the Page 7 documenting his eligibility for a $6,000 SELRES bonus. However, the applicant’s recruiter promised him the $6,000 bonus for enlisting, and the applicant has already given consideration on the contract by enlisting in the SELRES.

  • CG | BCMR | Other Cases | 2007-098

    Original file (2007-098.pdf) Auto-classification: Denied

    After reenlisting, the Coast Guard stated that I was ineligible for the promised bonus because I have too much time in service. 1999-027, the applicant had been promised a $2,000 Reserve enlistment bonus by her recruiter. 2005-117, the applicant was promised a $4,000 enlistment bonus by his recruiter.

  • CG | BCMR | SRBs | 2007-053

    Original file (2007-053.pdf) Auto-classification: Denied

    On August 19, 2001, the applicant and a Coast Guard yeoman signed a Page 7 (form CG-3307)1 documenting that he had been advised by the yeoman that he was eligible to receive a $5000 bonus if he reenlisted in the Coast Guard Reserve for six years. Accordingly, because the applicant signed his reenlistment contract on August 30, 2001, he should have known within two or three months after signing that contract that he had not received the initial payment of his reenlistment bonus. If the...

  • CG | BCMR | Other Cases | 2007-214

    Original file (2007-214.pdf) Auto-classification: Denied

    The JAG admitted the record “does document that Applicant was advised in an Enlistment Package Check-Off List for a $6,000 enlistment bonus, in a Reservation Request for a $6,000 enlistment bonus, and in an Administrative Remarks (CG-3307) dated 08 March 2007, that he was eligible for a $6,000 SELRES enlistment bonus based upon ALCOAST 056/06.” The JAG stated that under ALCOAST 056/06, only members enlisting in a critical rating were eligible for the bonus, and PS3 was not cited as a...

  • CG | BCMR | Other Cases | 2008-196

    Original file (2008-196.pdf) Auto-classification: Denied

    The JAG noted that under ALCOAST 064/07, the applicant was not entitled to an enlistment bonus because he had previously served in the military, and ALCOAST 064/07 states that bonuses were not available to enlistees with prior military service. 2005-117, the applicant stated that he was promised a $4,000 SELRES enlistment bonus by his recruiter. In addition, if he meets or has met the participation standards under Chapter 4 of the Reserve Policy Manual during the year following his...

  • CG | BCMR | SRBs | 2004-060

    Original file (2004-060.pdf) Auto-classification: Denied

    On August 31, 2002, he enlisted in the Coast Guard Reserve. APPLICABLE REGULATION Selected Reserve Enlisted Bonus Programs (COMDTINST 7220.1A) Paragraph 1 of Enclosure (4) states that the SELRES Prior Service Enlistment Program "provides a bonus to eligible prior service personnel who enlist in the SELRES (Selected Reserve) in ratings, billets, or units designated most critical (Level 1) or critical (Level 11). The page 7 offered by the applicant to prove that he was promised the SELRES...