DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2004-063 
Xxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxx 

 

 
 

FINAL DECISION 

 
AUTHOR:  Andrews, J. 
 
 
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 January 26, 2004, upon the 
BCMR’s receipt of the applicant’s completed application. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  October  13,  2004,  is  signed  by  the  three  duly  

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant  asked  the  Board  to  order  the  Coast  Guard  to  pay  him  an 
enlistment  bonus  that  he  was  promised  when  he  enlisted  in  the  Selected  Reserve 
(SELRES) after completing eight years and four months of active duty.  The applicant 
alleged that sometime before his discharge from active duty on May 31, 2003, he was 
counseled that he would be entitled to the bonus under ALCOAST 192/03 if he enlisted 
in  the  SELRES.    He  alleged  that  “the  proper  documentation  procedures  were  not 
correctly completed.”  The applicant also alleged that the word “Reserve” was written 
on his enlistment contract after he signed it.1 
 

SUMMARY OF THE RECORD 

 
On January 31, 1995, the applicant enlisted in the regular Coast Guard for four 
 
years,  through  January  30,  1999,  to  be  followed  by  a  four-year  Reserve  obligation, 
through January 30, 2003.  On January 31, 1999, however, he reenlisted for another four 

                                                 
1  The applicant has not alleged that he intended to reenlist in the regular Coast Guard, and he has not 
asked the Board to correct his record to show that he reenlisted in the regular Coast Guard.  Therefore, 
this allegation is not relevant to the matters at issue in the application. 

years,  through  January  31,  2003,  with  no  subsequent  Reserve  obligation.    He  later 
extended that enlistment and was discharged from the regular Coast Guard on May 31, 
2003, with no Reserve obligation.   
 
 
On June 1, 2003, the applicant signed a contract to serve in the SELRES for three 
years.  The contract states that he “is entitled to SELRES SRB as per ALCOAST 192/03.”  
 
 
provisions: 
 

ALCOAST  192/03,  which  was  issued  on  April  29,  2003,  contains  the  following 

2. 
RELAD  personnel  [personnel  being  released  from  active  duty  into  the  Reserve 
instead of discharged] who are obligated to serve the remainder of their initial eight-year 
military service obligation in the Ready Reserve are eligible to receive a bonus for affilia-
tion with the SELRES, to equal 50 dollars per month of remaining service obligation. …  
Affiliation  bonuses  may  be  paid  to  members  who  served  on  active  duty  in  the  Coast 
Guard or in another service, who have remaining Ready Reserve obligation, and have no 
prior obligation to drill with the SELRES. … 
 
3. 
…  Before advising members of bonus eligibility, commands should ensure that 
all requirements in [COMDTINST 7220.1] and this msg are met.  Bonus eligibility shall be 
documented on an Administrative Remarks (CG-3307) 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/yyyy.    I 
hereby acknowledge that I have read and fully understand the contents of COMDTINST 
7220.1 (series) and ALCOAST 192/03. 
 
The applicant’s record does not contain a form CG-3307 (“page 7”) documenting 

 
 
counseling about the affiliation bonus. 
 

VIEWS OF THE COAST GUARD 

 
 
On June 3, 2004, the Judge Advocate General (TJAG) of the Coast Guard recom-
mended that the Board either deny relief or allow the applicant to cancel his Reserve 
enlistment.  TJAG stated that “[a]lthough the Coast Guard erred in this case by incor-
rectly advising Applicant that he was eligible for a bonus, the remedy Applicant seeks 
is inappropriate.  The Yeoman who misadvised Applicant has no legal authority to bind 
the Coast Guard.” 
 
 
TJAG attached to his advisory opinion and adopted a memorandum on the case 
prepared by the Coast Guard Personnel Command (CGPC).  CGPC stated that it had 
contacted  the  applicant’s  yeoman  and  confirmed  that  she  verbally  miscounseled  the 
applicant  by  telling  him  that  he  was  eligible  for  the  bonus.    CGPC  stated  that  if  the 
applicant chooses to be discharged from the Reserve, his separation would be charac-
terized as honorable under Article 12.B.12.; his narrative reason for separation would be 

“Defective Enlistment Agreement”; his separation code would be KDS;2 and his reentry 
code would be RE-1 (eligible). 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  June  4,  2004,  the  Chair  sent  a  copy  of  the  Coast  Guard’s  views  to  the 

 
 
applicant and invited him to respond.  No response was received.  
 

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  10 U.S.C. 

§ 1552.  The application was timely. 
 

2. 

Even  a  cursory  review  of  ALCOAST  192/03  reveals  that  the  applicant 
could  not  possibly  receive  a  three-year  affiliation  bonus  by  enlisting  in  the  Reserve 
upon his discharge.  The ALCOAST states that “RELAD personnel who are obligated to 
serve the remainder of their initial eight-year military service obligation in the Ready Reserve 
are  eligible  to  receive  a  bonus  for  affiliation  with  the  SELRES,  to  equal  50  dollars  per 
month of remaining service obligation.”  (Emphasis added.)  First, as his discharge papers 
clearly  show,  the  applicant  was  being  discharged  from  active  duty—not  RELAD.  
Second, he had no Reserve obligation at the time, which must have been known to him 
and  his  yeoman  since  he  had  to  enlist  to  enter  the  Reserve.    Third, the bonus is paid 
only for the months remaining on a member’s initial eight-year service obligation, not 
for new enlistments.  Therefore, the Board is not persuaded that anyone—much less an 
experienced  yeoman  and  the  applicant,  who  had  more  than  eight  years  of  service— 
could discuss the affiliation bonus under ALCOAST 192/03 and believe that someone 
in the applicant’s situation could earn a bonus by enlisting in the Reserve. 

 
3. 

 The  applicant’s  Reserve  enlistment  contract,  however,  indicates  that  he 
was promised a bonus, and CGPC confirmed that fact with his yeoman.  When an appli-
cant submits evidence that he has received improper counseling, the Board’s policy is 
not to fulfill the erroneous promises made by the applicant’s yeoman, but to return the 
applicant to the position he would have been in had he been properly counseled.  If the 
applicant had not been promised the bonus, he might not have enlisted in the Reserve.  
Therefore,  the  Board  finds  that  the  contract  is  voidable.    The  applicant  should  be 
entitled to be expeditiously discharged if he so desires.  As CGPC stated, if the applicant 
chooses  to  be  discharged  pursuant  to  the  Board’s  order,  under  Article  12.B.12.  of  the 
Personnel  Manual,  his  separation  should  be  honorable;  his  narrative  reason  for 
                                                 
2    Under  the  Separation  Program  Designator  (SPD)  Handbook,  a  KDS  code  denotes  a  “voluntary  dis-
charge allowed by established directive resulting from non-fulfillment of service contract.” 

separation should be “Defective Enlistment Agreement”; his separation code should be 
KDS; and his reentry code should be RE-1. 

Accordingly,  the  alternative  relief  recommended  by  the  Coast  Guard 

should be granted. 

 
4. 

 

 
 
 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

ORDER 

 

The  application  of  xxxxxxxxxxxxxxxx,  USCGR,  for  correction  of  his  military 

record is granted in part as follows:   

 
He  shall  be  entitled,  at  his  discretion,  to  be  discharged  expeditiously  from  the 
Reserve in accordance with Article 12.B.12. of the Personnel Manual.  If he chooses to be 
discharged pursuant to this order, the character of his separation shall be honorable; his 
narrative  reason  for  separation  shall  be  “Defective  Enlistment  Agreement”;  his 
separation code shall be KDS; and his reentry code shall be RE-1. 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 
 Julia Andrews 

 

 

 
 
 Nancy L. Friedman 

 

 

 
 Kathryn Sinniger