DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2005-040
XXXXXXXXXXXXXXXXXXXXX.
Xxx xxxxxxxx, PS3
FINAL DECISION
Author: Hale, D.
This is a proceeding under the provisions of section 1552 of title 10 and section
425 of title 14 of the United States Code. The Chair docketed it on December 23, 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 September 22, 2005, is signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant, a port security specialist, third class (PS3), asked the Board to
correct his record to show that he is entitled to a selective reserve (SELRES) bonus of
$4,000 for signing a six-year enlistment contract on February 3, 2004. The applicant
alleged that the Coast Guard recruiter told him that he would receive half of the bonus
upon completing “A” School and half upon completing one year of service.
SUMMARY OF THE RECORD
On January 28, 2004, the applicant signed a CG-3307 (Page 7)1 acknowledging
that he would receive a $4000 SELRES bonus for enlisting in the Coast Guard Reserve.
The Page 7 states the following:
1 An Administrative Remarks, or Page 7, entry documents any counseling that is provided to a service
member as well as any other noteworthy events that occur during that member’s military career.
I have been advised that I am eligible for a 4000 dollar
SELRES affiliation bonus. Receipt of this bonus commits me
to SELRES participation through 2/3/10. I hereby acknowledge
that I have read and fully understand the contents of
COMDTINST 7220.1 (series) and ALCOAST 192/03.
On February 3, 2004, the applicant enlisted in the Coast Guard Reserve for a term
of six years and was guaranteed assignment to the port security specialist “A” school
convening on April 19, 2004. The applicant began “A” school on that date and he
successfully completed his training on June 4, 2004. The applicant’s record contains a
copy of his Leave and Earnings Statement (LES) for the period of February 1, 2005,
through February 28, 2005, indicating that he received payment of his $4000 bonus in
February 2005.
VIEWS OF THE COAST GUARD
On April 19, 2005, the Judge Advocate General (JAG) of the Coast Guard
recommended that the Board deny the applicant’s request. The JAG stated that the
applicant has received the bonus that he was promised at the time of his enlistment and
that he has not offered any “evidence that the Coast Guard committed any error or
caused any injustice.”
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
applicant and invited him to respond. No response was received.
On June 3, 2005, the Chair sent a copy of the JAG’s advisory opinion to the
APPLICABLE LAW
Article 3.A.1. of the Coast Guard Personnel Manual states that the enlistment
bonus program is an incentive to attract qualified personnel to critical skills or ratings to
help meet the Coast Guard’s recruiting goals. This program applies to new enlistments.
Enclosure 2 to COMDTINST 7220.1A states that a member who enlists for six
years in a Level I rating, billet, or unit, may receive a total bonus payment not to exceed
$5,000. Initial payment will be up to one half of the total bonus authorized, paid upon
completion of Initial Active Duty Training (IADT), with a single subsequent payment of
the remaining amount one year from the completion of IADT.
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:
The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. §
1552. The application was timely.
The Coast Guard stated that the applicant received the $4000 SELRES
bonus he was promised when he enlisted in the Reserves. The record contains an LES
for the applicant that indicates that he was paid the $4000 SELRES bonus in February
2005. Accordingly, the Board finds that the applicant has already received the entire
bonus he was promised on the Page 7 prior to his enlistment.
The applicant alleged that the recruiter told him that he would receive half
of his bonus after completing “A” School and the other half after completing one year of
service. In fact, the applicant received the entire bonus in February 2005, after
completing one year of service. While the failure of the Coast Guard to pay the
applicant half of the bonus upon his completion of “A” School was error, no relief can
be ordered with respect to any interest because interest is not recoverable in a suit
against the government absent a showing of the right to collect interest under statute or
contract. First Nat’l Bank v. United States, 548 F.2d 928, 937 (Ct. Cl. 1977)(citing 28 U.S.C.
§ 2516).
4.
Accordingly, the applicant’s request should be denied.
1.
2.
3.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
The application of PS3 XXXXXXXXXXX xxxxxx, xxxxxxxxxxx, USCGR, for
ORDER
Randall J. Kaplan
Dorothy J. Ulmer
Frank H. Esposito
correction of his military record is denied.
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