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CG | BCMR | SRBs | 2008-078
Original file (2008-078.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2008-078 
 
XXXXXXXXXXXX 
xxxxxxxx, MST3/E-4 

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 February 22, 2008, 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  October  23,  2008,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  a  marine  science  technician  third  class  (MST3),  in  the  Coast  Guard 
Selected Reserve (SELRES), asked the Board to correct his record to show that he is entitled to a 
$5,000 enlistment bonus for signing a six-year enlistment contract on June 19, 2007.  He alleged 
that his Coast Guard recruiter promised him a $5,000 bonus but that the Coast Guard refused to 
pay him the bonus.   
 

In support of his allegation, the applicant submitted an “Enlistment Package Check-Off 
List,” which shows that he was enlisting in the Reserve RP program as an E-3 and that a $5,000 
SELRES enlistment bonus had been offered as an enlistment incentive.  In addition, the Check-
Off  list  indicates  that  he  was  guaranteed  a  slot  at  the  Marine  Science  Technician  “A”  School 
scheduled to begin on September 4, 2007.  The applicant also submitted a copy of a CG-3307 
(“Page  7”)1,  which  was  signed  by  himself  and  his  recruiter  on  June  13,  2007,  and  states  the 
following: 

 
I have been advised that I am eligible for a      $5000      SELRES enlistment or affiliation incen-
tive bonus.  Receipt of this bonus commits me to SELRES participation through     06/19/13 .  I 

                                                 
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. 
 

hereby acknowledge that I read and fully understand the contents of COMDTINST 7220.1 Series, 
ALCOAST 056/06 and the Selected Reserve Bonus Matrix (updated 02/01/06). 
 

SUMMARY OF THE RECORD 

On June 13, 2007, the applicant and his recruiter signed a Page 7 to document that the 
applicant had been promised a $5,000 bonus for agreeing to enlist for six years in the SELRES.  
On June 19, 2007, the applicant enlisted in the SELRES for six years.  He had never previously 
served in the military.  The Page 7, with the promise of the $5,000 enlistment bonus is entered in 
his  official  military  record.    The  applicant’s  enlistment  contract,  however,  includes  only  the 
following promises and commitments in Block B: 
 

•  Annex  G,  which  is  incorporated  by  reference,  provides  that  the  applicant  will  be 
enlisted at the pay grade of E-3 because he had completed 60 semester hours of college or 
had  completed  two  years  or  2000  hours  of  an  accredited  post  secondary  technical 
program.    
•  Annex  O,  which  is  incorporated  by  reference,  affirms  that  the  applicant  will  begin 
basic  training  on  June  19,  2007,  and  that  he  will  be  assigned  to  MST  “A”  School  on 
September 4, 2007. 
•  Annex U, which is incorporated by reference, concerns the applicant’s eligibility for 
educational benefits under the Montgomery G.I. Bill. 

 

. 

 

In Block D of the contract, the applicant signed below the following statement:   
 
I  CERTIFY  THAT  I  HAVE  CAREFULLY  READ  THIS  DOCUMENT.    ANY  QUESTIONS  I 
HAD WERE EXPLAINED TO MY SATISFACTION.  I FULLY UNDERSTAND THAT ONLY 
THOSE  AGREEMENTS  IN  SECTION  B  OF  THIS  DOCUMENT  OR  RECORDED  ON  THE 
ATTACHED ANNEX(ES) WILL BE HONORED.  ANY OTHER PROMISES OR GUARAN-
TEES  MADE  TO  ME  BY  ANYONE  ARE  WRITTEN  BELOW:  (If  none,  X  “NONE”  and 
initial.)  NONE   [applicant’s initials]    (Initials of enlistee/reenlistee) 

 
 
School and began serving in the SELRES as an MST on November 20, 2007. 

The  applicant  completed  Reserve  Enlisted  Basic  Indoctrination  (REBI)  and  MST  “A” 

 

VIEWS OF THE COAST GUARD 

On July 10, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion and recommended that the Board deny relief in this case.  The JAG admitted 
that the record “does document that Applicant was advised in an Administrative Remarks Form 
(CG-3307) that he was eligible for a $5000 SELRES enlistment or affiliation bonus.”  However, 
the JAG stated that there is nothing on the applicant’s reenlistment contract authorizing a $5,000 
SELRES enlistment bonus.  The JAG further stated that the CG-3307 signed by the applicant and 
his  recruiter  on  June  13,  2007,  cites  ALCOAST  056/06,  which  was  replaced  by  ALCOAST 
064/07 on February 5, 2007.  The JAG noted that under ALCOAST 064/07, the applicant was 
not entitled to a bonus because he enlisted for the MST rating, and this rating was not eligible for 
a  bonus  under  ALCOAST  064/07.    Under  ALCOAST  064/07,  which  went  into  effect  on 
February 5, 2007, the critical ratings that would garner a bonus for new enlistees were IV, MK, 
and OS.   

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
and invited him to respond within thirty days.  No response was received.  

On August 22, 2008, the Chair sent the applicant a copy of the JAG’s advisory opinion 

 

APPLICABLE REGULATIONS 

 

 

 

Article  3.A.1.  of  the  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.  The program applies to new enlistees. 

 
Article 3.A.3.2. states that enlistment bonuses “are linked to a member’s recruitment and 
affiliation with a critical rating by attending a guaranteed Class ‘A’ School or participating in a 
guaranteed ‘Striker’ program in that rating or, for prior service personnel who already have the 
qualifying skill, agreeing to enlist in the designated rating for a minimum of four years. An addi-
tional amount may be offered for the member to accept an enlistment of six years.” 
 
 
prepared by the applicant’s recruiter, states the following: 

ALCOAST  056/06,  which  was  issued  on  February  1,  2006,  and  cited  on  the  Page  7 

 
2.  SELRES Enlistment Bonus 
  A. Eligibility Requirement for Initial Enlistment (new accession with no prior military service) 
under the RP, RK, RX, or RA programs:  Applicant must enlist in either the MK, MST, or OS 
ratings for at least six years and must complete initial active duty for training (IADT).  Applicants 
may be assigned either to an RPAL vacancy or as an over billet. 
  B.    Bonus  Amount:    A  total  of  6,000  dollars  is  authorized  to  be  paid  in  two  equal  amounts.  
(3,000 dollars may be paid after completion of IADT and 3,000 dollars may be paid one year later 
if  participation  standards  contained  in  Chapter  4  of  [Reserve  Policy  Manual]  have  been  met).  
IADT  consists  of  basic  training or Reserve Enlisted Basic Indoctrination (REBI) plus A-School 
completion if required. 
 
ALCOAST 064/07, which was issued on February 5, 2007, canceled ALCOAST 056/06 

and became effective immediately.  ALCOAST 064/07 states the following: 

 
3.  SELRES Enlistment Bonus 
  A. Eligibility Requirement for Initial Enlistment (new accession with no prior military service) 
under the RP, RK, RX, or RA programs:  Applicant must enlist in the IV, MK, or OS ratings for at 
least  six  years  and  must  complete  initial  active  duty  for  training  (IADT).    Applicants  must  be 
assigned  a  vacant  billet.    Applicants  assigned  to  an  overbilleted  or  unbudgeted  position  are  not 
authorized to receive this bonus. 
  B.  Bonus Amount:  A total of 6,000 dollars is authorized to be paid in two equal amounts.  3,000 
dollars  may  be  paid  after  completion  of  IADT  and  3,000  dollars  may  be  paid  one  year  later  if 
participation standards contained in Chapter 4 of [Reserve Policy Manual] have been met.  IADT 
consists of basic training or Reserve Enlisted Basic Indoctrination (REBI) plus A-School comple-
tion if required. 

PREVIOUS BCMR DECISIONS 

 
 
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 appli-
cant’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  acted  promptly  when she discovered the error.  
The Board granted the applicant’s request. 
 
In BCMR Docket No. 1999-121, the applicant stated that he had been promised a Level II 
 
$2000 SELRES enlistment bonus by his recruiter.  The bonus was cited on his enlistment con-
tract  and  in  a  Page  7  dated  the  same  day.    He  did  not  receive  the  bonus  because  he  was  not 
assigned to a designated critical unit under the ALCOAST then in effect.  The Chief Counsel 
stated  that  the  contract  was  voidable  so  the  applicant  could  be  discharged  but  recommended 
against granting the applicant the unauthorized bonus. The Board, however, granted relief, find-
ing that while “the government may repudiate the erroneous advice of its officers or agents, … 
whenever reasonable, such promises should be kept, especially when the member relies on the 
erroneous advice and gives due consideration for the promised benefit.” 
 
 
In BCMR Docket No. 1999-135, the applicant stated that she had been promised a Level 
II $2000 SELRES enlistment bonus by her recruiter.  The bonus was not mentioned in her con-
tract but was documented on a Page 7 dated the day of her enlistment.  She did not receive the 
bonus because she had not enlisted in a critical rating, although her rating was listed in the appli-
cable ALCOAST as one of those eligible for Level I bonuses if the members were assigned to a 
critical unit.  The Chief Counsel provided the same recommendation as in BCMR Docket No. 
1999-121, and the Board granted relief for the reasons stated in that case as well.   
 
In  BCMR  Docket  No.  2005-117,  the  applicant  stated  that  he  was  promised  a  $4000 
 
SELRES  enlistment bonus by his recruiter.  His enlistment contract cited a “RES BON PG7” 
along with the incorporated annexes, and the Page 7, dated the day of enlistment, documented the 
promised $4000 Level II bonus under ALCOAST 268/04.  He did not receive the bonus because 
he had not enlisted in a critical rating or been assigned to a critical unit.  Although the JAG rec-
ommended only that the Board make the contract voidable, the Board granted relief, finding that 
the recruiter had promised the applicant the bonus as an enticement to enlist and that, “whenever 
reasonable, such promises should be kept, especially when the member relies on the erroneous 
advice and gives due consideration for the promised benefit.” 
 
 
In  BCMR  Docket  No.  2007-006,  the  applicant  alleged  that  he  was  promised  a  $2,000 
SELRES enlistment bonus for enlisting in the health services rating as well as a $5,000 bonus for 
having a certain number of college credits.  His enlistment contract incorporated Annex T, which 
documented  the  promised  bonuses.    However,  he  received  only the $5,000 bonus because the 
health services rating was not one of the critical ratings eligible for the $2,000 bonus.  Although 
the JAG recommended only that the Board make the contract voidable, the Board granted relief, 
finding that the recruiter had promised the applicant the bonus as an enticement to enlist and that 
“whenever reasonable, such promises should be kept, especially when the member relies on the 
erroneous advice and gives due consideration for the promised benefit, i.e., a four-year enlist-
ment in the Coast Guard.”   
 

In  BCMR  Docket  No.  2007-207,  the  applicant  alleged  that  he  was  promised  a  $6,000 
SELRES  enlistment  bonus  for  enlisting  to  serve  as  a  PS3  at  a  port  security  unit  (PSU).    The 
promise of the bonus was documented on a Page 7 and the Page 7 was cited on his enlistment 
contract.  ALCOAST 093/05, however, authorized payment of only a $4,000 bonus because the 
applicant was to be assigned to a critical unit—the PSU—but PS3 was not listed as a critical rat-
ing.  Although the JAG recommended that the Board deny relief, the Board granted relief finding 
that “whenever reasonable, such promises should be kept, especially when the member relies on 
the  erroneous  advice  and  gives  due  consideration  for  the  promised  benefit—i.e.,  a  six-year 
enlistment  in  the  SELRES.”    The  Board  also  found  that  “although  the  government  is  not 
estopped from repudiating the advice of its employees, the promises made by the Coast Guard to 
new recruits should be kept when the recruits give due consideration for the promised benefit.” 

 
In BCMR Docket No. 2008-048, the applicant alleged that he was promised an $8,000 
SELRES  enlistment  bonus  by  his  recruiter  for  enlisting  in  the  SELRES  for  six  years  and 
completing  marine  science  technician  (MST)  “A”  School.    The  promise  of  the  bonus  was 
documented on a Page 7.  The applicant did not receive the bonus because the recruiter cited an 
incorrect ALCOAST, and the applicant was not eligible for a bonus under the ALCOAST that 
was actually in effect.  Although the JAG recommended that the Board deny relief, the Board 
granted relief finding that the Coast Guard’s refusal to pay him the “bonus he was promised and 
for which he has given due consideration by enlisting for six years constitutes an injustice that 
must be corrected.”   
 

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 10 U.S.C. § 1552.  

1. 

 
3. 

 
4. 

The applicant was not actually eligible for an enlistment bonus when he signed the 
enlistment  contract  on  June  19,  2007.    Although  he  was  promised  a  $5,000  bonus  under 
ALCOAST  056/06,  that  ALCOAST  had  expired  with  the  issuance  of  ALCOAST  064/07  on 
February  4,  2007.    ALCOAST  064/07  did  not  authorize  any  enlistment  bonus  for  reservists 
joining the MST rating.   

The JAG argued that the Board should deny the requested relief because the appli-
cant was not eligible for an enlistment bonus.  However, the record indicates that the recruiter 
promised the applicant the bonus as an enticement to enlist for six years in the SELRES.  The 

The application was timely. 
 

2. 

The applicant has proved by a preponderance of the evidence that the Coast Guard 
erred when his recruiter promised him a $5,000 SELRES enlistment bonus for enlisting for six 
years as an MST.  His recruiter documented that promise on a Page 7 dated six days prior to the 
day the applicant signed the enlistment contract, as well as on an Enlistment Package Check-Off 
List.    However,  ALCOAST  056/06,  which  was  cited  by  the  recruiter  as  the  authority  for  the 
bonus, had been canceled for more than two months when the applicant signed his enlistment 
contract.   

Board  believes  that,  whenever  reasonable,  such  promises  should  be  kept,  especially  when  the 
member relies on the erroneous advice and gives due consideration for the promised benefit—
i.e.,  a  six-year  enlistment  in  the  SELRES.    Although  the  Government  is  not  estopped  from 
repudiating the bad promises made by its employees,2 this Board has “an abiding moral sanction 
to determine . . . the true nature of an alleged injustice and to take steps to grant thorough and 
fitting relief.”3  The applicant’s recruiter promised him the $5,000 bonus for enlisting, and the 
applicant  has  already  given  consideration  on  the  contract  by  enlisting  in  the  SELRES  for  six 
years.  Since he had never been a member of the Coast Guard, he had to rely on his recruiter to 
ascertain his entitlements.  There is no evidence that the applicant would have enlisted had he not 
been promised the $5,000 bonus.  Releasing the applicant from the contract by discharging him 
more than a year later would not correct the error or remove the injustice that has been done.   
 

The facts of this case are very similar to the facts in the prior cases summarized 
above.  Like the applicants in those cases, the applicant in this case was promised an enlistment 
bonus  by  his  recruiter,  although  he  did  not  meet  the  eligibility  requirements,  and  gave  due 
consideration for the bonus.  In Docket No. 1999-027, the Chief Counsel recommended that the 
Board  grant  relief,  but  in  most  cases  the  JAG  recommended  denying  the  applicants  the 
unauthorized bonuses.  In all these cases, the Board granted relief, finding that although the gov-
ernment is not estopped from repudiating the advice of its employees, the promises made by the 
Coast  Guard  to  new  recruits  should  be  kept  when  the  recruits  give  due  consideration  for  the 
promised benefit. 

5. 

 
6. 

Accordingly, the applicant’s request should be granted by awarding him $2,500 
―the first half of the promised $5,000 bonus―since he has already completed REBI and MST 
“A” School and by ordering the Coast Guard to pay him the second half of the promised bonus if 
he met the participation standards under Chapter 4 of the Reserve Policy Manual during his first 
year following MST “A” School as required under ALCOAST 056/06 and ALCOAST 064/07. 
  

The Board notes that the ALCOAST cited by the applicant’s recruiter authorized 
an  enlistment  bonus of $6,000.  However, the Page 7 and the Enlistment Package Check List 
prepared  by  the  recruiter  state  that  the  applicant  was  entitled  to  receive  only  a  $5,000  bonus.  
Because the applicant was promised only a $5,000 bonus, the Board will order the Coast Guard 
to pay the applicant only that amount. 

7. 

 

 

 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

                                                 
2 Montilla v. United States, 457 F.2d 978 (Ct. Cl. 1972); Goldberg v. Weinberger, 546 F.2d 477 (2d Cir. 1976), cert. 
denied sub nom Goldberg v. Califano, 431 U.S. 937 (1977). 
3 Caddington v. United States, 178 F. Supp. 604, 607 (Ct. Cl. 1959).   

The application of MST3 XXXXXXXX, xxxxxxx, USCGR, for correction of his military 

record is granted as follows: 
 

ORDER 

 

The Coast Guard shall pay him $2,500―the first half of the $5,000 enlistment bonus he 
was  promised  on  the  CG-3307  dated  June  13,  2007―because  he  has  already  successfully 
completed  REBI  and  MST  “A”  School.    In  addition,  if  he  meets  or  has  met  the  participation 
standards  under  Chapter  4  of  the  Reserve  Policy  Manual  during  the  year  following  his 
completion of MST “A” School, his record shall be corrected to show that he is eligible for and 
entitled to the second half of the $5,000 SELRES enlistment bonus he was promised on the Page 
7 dated June 13, 2007, and the Coast Guard shall pay that amount. 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
  

 
  

        

 
 Erin McMunigal 

 

 

 
 
 Richard Walter 

 

 
 
 Ryan Wedlund 

 

 

 

 

 

 

 

 

 



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