DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2007-053 
 
XXXXXXXXXXXX. 
xxxxxxxx, PS1 (E-6) 
   

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.  The Chair docketed the case on December 29, 2006, upon 
receipt of the applicant’s completed application, and assigned it to staff members D. Hale and  
J. Andrews to prepare the decision for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This final decision, dated September 20, 2007, is approved and signed by the three duly 

 

 

 
 

 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  a  port  security  specialist  first  class  (PS1),  in  the  Coast  Guard  Reserve, 
asked the Board to correct his record to show that he is entitled to a $5000 Selective Reserve 
(SELRES) reenlistment bonus for signing a six-year reenlistment contract on August 30, 2001.  
He  stated  that  he  never  received  the  promised  bonus.    The  applicant  further  stated  that  in 
November 2006 he inquired into the status of the bonus and was told that “the authorization for 
the bonus was rescinded.”  He argued that the Board should consider his application despite the 
delay because “[t]he injustice is ongoing as my enlistment has not expired.  The bonus was owed 
over the term of the enlistment.”  
 

SUMMARY OF THE RECORD 

The applicant enlisted in the Coast Guard Reserve on January 12, 1996.  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.  The Page 7, which was entered  into the 
applicant’s record, states the following: 
                                                 
1 A Page 7 (CG-3307, or Administrative  Remarks) 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. 
 

 
 
19  Aug  01:      I  have  been  advised  that  I  am  currently  eligible  for  a  Level  __1__ 
Selective Reserve Re-Enlistment Bonus as listed in ALDIST __224/98__, which has 
been made available to me. 
 
I  am  eligible  to  Enlist  for  up  to  a  maximum  of  __8__  years.    My  bonus  will  be 
computed on __72__ months of obligated service.  The total amount of the bonus is 
$5000.00. 
 
I  hereby  acknowledge  that  I  have  read  and  fully  understand  the  contents  and 
explanation of COMDTINST M7220.1A. 
 
 
___________________________ 
Signature of member/date 

___________________________ 
Signature of counselor 

 
 

 
 

 

 

 
 
On August 30, 2001, the applicant signed a six-year reenlistment contract for SELRES, 
with  an  effective  date  of  August  31,  2001.    His  reenlistment  contract  does  not  reference  any 
bonus or any documentation of any bonus.  
 

The applicant’s August 30, 2001, reenlistment contract contains two pre-printed sections 
(B.8.c. and D.13.a.) concerning any additional promises made by the Coast Guard.  Each one of 
these sections required the applicant to sign with his initials, documenting that he understood the 
information within that section.  He did not initial either one of these sections.   

 
When the applicant reenlisted on August 30, 2001, ALCOAST 040/01 was in effect and 

 
provided the regulations for SELRES bonuses.  Paragraph A.1. of ALCOAST 040/01 states: 
 

This message announces eligibility and amounts paid for SELRES enlistment, prior 
service enlistment, and affiliation bonuses.  The amounts and eligibility are in effect 
immediately, and will remain in effect until further notice. 

 
Paragraph C.4. of ALCOAST 040/01 states: 

 

For reenlistments/extensions into the SELRES.  No bonus at this time. 

 

 

VIEWS OF THE COAST GUARD 

On May 22, 2007, the Judge Advocate General (JAG) of the Coast Guard recommended 
that the Board deny the applicant the requested relief but grant alternate relief.  The JAG stated 
that the applicant signed a Page 7 on August 19, 2001, which cited an ALDIST which had been 
canceled  on  February  1,  2001,  when  ALCOAST  040/01  was  issued.    Accordingly,  the  JAG 
stated,  the  Page  7  “that  the  applicant  and  counselor  signed  on  19 August  2001,  granting  the 
SELRES reenlistment incentive bonus for $5000 was invalid, erroneous, and unauthorized.”  The 
JAG also noted that although the applicant and the  yeoman signed the Page 7 acknowledging 

that  they  had  read  and  understood  COMDTINST  7220.1A,  it  is  “evident  that  neither  member 
understood  the  contents  of  this  document.”    The  JAG  recommended  that  the  Board  grant 
alternate relief by correcting the errors on the erroneous Page 7. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On May 24, 2007, the Chair sent a copy of the JAG’s advisory opinion to the applicant 

 
 
and invited him to respond within 30 days.  The Chair did not receive a response.   
 

APPLICABLE REGULATIONS 

 

 
Commandant Instruction (COMDTINST) 7220.1A, was issued on February 5, 1998, and 
provides the policies governing reenlistment bonuses for the SELRES.  It states that bonus levels 
and amounts will be announced via an ALDIST at least 15 days in advance of their effective 
date.   
 
 
 
Article 3.c. of Enclosure (1) to COMDTINST 7220.1A provides that a member who is 
eligible for a $5000 SELRES bonus will receive an initial payment of up to $2500, “with a single 
subsequent  payment  of 
the 
reenlistment/extension.”  
   

remaining  amount  one  year 

the  date  of 

ALDIST 224/98 was issued on September 24, 1998, and was in effect until ALCOAST 
040/01 was issued on February 1, 2001.  Under ALDIST 224/98, the Level 1 bonus of $5000 
was available to any SELRES member permanently assigned to any port security unit.   
 

ALCOAST  040/01  was  issued  on  February  1,  2001,  and  replaced  ALDIST  224/98.  
Under ALCOAST 040/01, there were no bonuses available for SELRES members who reenlisted 
or extended their enlistments. 
 

from 

the 

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 applicable law: 
 

The Board has jurisdiction concerning this matter pursuant to section 1552 of title 

10 of the United States Code.   

1. 

 
2. 

An  application  to  the  Board  must  be  filed  within  three  years  of  the  day  the 
applicant discovers the alleged error in his record.  10 U.S.C. § 1552(b).  On August 19, 2001, 
the applicant signed a Page 7 indicating that he was eligible to reenlist for a $5000 bonus.  He 
signed  a  six-year  reenlistment  contract  on  August  30,  2001.    Article  3.c.  of  COMDTINST 
7220.1A provides that a member will receive an initial payment of $2500 and the balance will be 
paid one year from the date of the reenlistment.  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.  
Moreover, when the applicant did not receive any payment after one year he should have known 

that something was awry.  However, the applicant did not submit his application to the Board 
until December 12, 2006, alleging that he discovered in November 2006 that he would not be 
receiving the bonus.  Therefore, the Board finds that the application was filed two years after the 
statute of limitations expired and is untimely. 

Under  10  U.S.C.  §  1552(b),  the  Board  may  waive  the  three-year  statute  of 
limitations if it is in the interest of justice to do so.   In Allen v. Card, 799 F. Supp. 158, 164 
(D.D.C. 1992), the court stated that in assessing whether the interest of justice supports a waiver 
of the statute of limitations, the Board “should analyze both the reasons for the delay and the 
potential merits of the claim based on a cursory review.”  The court further instructed that “the 
longer the delay has been and the weaker the reasons are for the delay, the more compelling the 
merits would need to be to justify a full review.”  Id. at 164, 165.  See also Dickson v. Secretary 
of Defense, 68 F.3d 1396 (D.C. Cir. 1995).  

A  cursory  review  of  the  record  indicates  the  Coast  Guard  committed  an  error 
when the yeoman counseled the applicant that he was eligible for a SELRES bonus.  The Page 7 
promises a reenlistment bonus of $5000 under ALDIST 224/98, but that ALDIST was canceled 
when ALCOAST 040/01 was released on February 1, 2001.  Thus, when the applicant signed the 
Page  7  on  August  19,  2001,  and  the  reenlistment  contract  on  August  30,  2001,  ALCOAST 
040/01 was in effect, and it clearly states that no bonuses were available for reenlistments into 
the SELRES.  

The Coast Guard recommended that the Board correct the mistakes on the August 
19,  2001,  Page  7  in  the  applicant’s  record.    However,  the  applicant  did  not  request  such  a 
correction, and on August 30, 2007, he completed the service obligated by his August 30, 2001, 
six-year reenlistment.  Accordingly, the Board finds that any mistakes on the Page 7 should not 
and need not be corrected.  

If the applicant had timely filed his application, then the Board might have found 
that his reenlistment contract was voidable based on the erroneous promise of the $5000 bonus 
made by the Coast Guard on the Page 7.  However, the applicant waited six years after he signed 
the reenlistment contract to file his claim with the Board.  Accordingly, due to the delay and the 
probable lack of success on the merits of his claim, the Board finds that it is not in the interest of 
justice to waive the statute of limitations in this case.  It should be denied because it is untimely. 
 

 

 
3. 

 
4. 

 
5. 

 
6. 

 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

correction of his military record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 

 

 

 

 

 

 

 

 
 

 
 

 

 

 
 

The  application  of  PS1  XXXXXXXXXXX,  service  number  xxxxxxxx,  USCGR,  for 

ORDER 

 

 
 

 

____________________________________ 
 Randall J. Kaplan 

____________________________________ 
 Steven J. Pecinovsky 
 
 
 
 
 
____________________________________ 
 George A. Weller