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CG | BCMR | SRBs | 2009-047
Original file (2009-047.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. 2009-047 
 
xxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxx 

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 after receiving the applicant’s 
completed  application  on  December  15,  2008,  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 10, 2009, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  a  boatswain’s  mate,  second  class  (BM2),  in  the  Coast  Guard  Selected 
Reserve (SELRES), asked the Board to correct his record to show that he is entitled to an $8,200 
bonus for agreeing to affiliate with the SELRES upon his release from active duty.  He alleged 
that his unit’s executive petty officer (XPO) “convinced me to reenlist in the reserves” with the 
promise of an $8,200 bonus, but that the Coast Guard refused to pay him the bonus.   
 

In  support  of  his  allegation,  the  applicant  submitted  a  copy  of  a  CG-3307  (Page  7),1 

which he signed on April 2, 2007, and which states the following: 

 
I have been advised that I am eligible for an 8,200 Dollar SELRES Affiliation Bonus as listed in 
ALCOAST 056/06, which has been made available to me.   
 
Receipt  of  this  bonus  commits  me  to  SELRES  participation  through  07/07/2011.    I  hereby 
acknowledge that I have read and fully understand the contents of COMDTINST 7220.1 (series) 
and ALCOAST 056/06.  

                                                 
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. 
 

 

SUMMARY OF THE RECORD 

 

 

The applicant served on active duty in the regular Coast Guard from February 8, 2000, 
through July 7, 2007.  The Page 7 with the Affiliation Agreement dated April 2, 2007, and the 
promise of the $8,200 Affiliation Bonus, which the applicant submitted, was not included in the 
copy of his military record provided to the Board by the Coast Guard. 

 
On July 8, 2007, the applicant was released from active duty (RELAD) to the Reserve and 
began drilling with the SELRES.  His original eight-year military service obligation (MSO) was 
slated to end seven months later on February 7, 2008.   

 
On December 7, 2007, the applicant enlisted in the Reserve for four years.  Block 8 of his 
enlistment  contract  states  “MBR  NOT  SELLING  LEAVE.  MBR  NOT  ENTITLED  TO  A 
BONUS.”  The contract was entered in the Coast Guard’s Direct Access database with the same 
notation. 
 

VIEWS OF THE COAST GUARD 

On April 23, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 

advisory opinion and recommended that the Board grant alternative relief in this case.   

 
The  JAG  admitted  that  the  record  “does  document  that  Applicant  was  advised  in  an 
Administrative Remarks Form (CG-3307) signed on 02 April 2007, that he was eligible for an 
$8,200  SELRES  affiliation  bonus.”    However,  the  JAG  stated, the CG-3307 erroneously cites 
ALCOAST  056/06,  which  had  been  superseded  by  ALCOAST  064/07.    The  JAG  noted  that 
under  ALCOAST  064/07,  only  “personnel  in  the  FS,  MK,  or  OS  ratings”  were  eligible  for  a 
bonus.  He stated that “unfortunately, the applicant is serving in the BM rating, not in the FS, 
MK, or OS ratings, so he does not qualify for the SELRES affiliation bonus.”   
 
 
void his Reserve enlistment contract dated December 7, 2007. 
 

Therefore, the JAG recommended that the Board afford the applicant the opportunity to 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

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

On May 4, 2009, the Chair sent the applicant a copy of the JAG’s advisory opinion and 

 

 
 
the following: 
 

APPLICABLE REGULATIONS 

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

4.  AFFILIATION BONUS. 
  A.    Eligibility  requirement  for  RELAD  [released  from  active  duty]  personnel in the BM, MK, 
MST, or OS ratings, E-5 or above, who are obligated to serve the remainder of their initial eight-
year military service obligation (MSO) in the ready reserve:  Member agrees to affiliate with the 
SELRES  for  a  minimum  of  three  years  after  RELAD.    The  SELRES  affiliation  agreement  for 

bonus payment should be executed before the member is released from active duty.  However, if 
necessary, the agreement may be executed up to one year after the RELAD date. 

  D.  BONUS AMOUNT:  A maximum of 9,600 dollars is authorized for a four-year obligation. 
(2,400 dollars may be paid for each full year for those with a remaining military service obligation 
(MSO) if participation standards contained in Chapter 4 of Ref D have been met).  For example, if 
a member has served six years and three months of active duty and has a remaining obligation of 
one year and nine months in the IRR to fulfill the member’s MSO, then the member is eligible to 
receive twenty-one months of bonus entitlements.  Half of the bonus will be paid upon affiliation 
and the second half will be paid one year later.  For the remaining partial year, the member shall 
receive the equivalent of 200 dollars for each full month remaining. 
   
ALCOAST 064/07, which was issued on February 5, 2007, canceled ALCOAST 056/06 

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

 
2.  The following eligibility criteria and bonus amounts are effective immediately and will remain 
in effect until further notice.  Applicants who were eligible to receive a bonus under the provisions 
of Ref. B [ALCOAST 056/06] will remain eligible under those provisions for 45 days after the 
release date of this ALCOAST.    

5.  AFFILIATION BONUS. 
  A. Eligibility Requirements for RELAD personnel in the FS, MK, or OS ratings at a critical unit 
or in the MK or OS ratings at a non-critical unit, who are E-4 or above and obligated to serve the 
remainder of their initial eight-year MSO in the ready reserve:  Member agrees to affiliate with the 
SELRES  for  a  minimum  of  three  years.    The  SELRES affiliation agreement for bonus payment 
should be executed before the member is released from active duty.  However, if necessary, the 
agreement may be executed up to one year after the RELAD date. 

 

 

 

Article 3.E.5 of the Personnel Manual contains the following regulations for the Affilia-

tion Bonus Program: 

 
1. 37 U.S.C. 308e authorizes a bonus for eligible personnel leaving active duty who affiliate with 
the SELRES. … 
 
2. Eligibility. To be eligible to receive a bonus for SELRES affiliation a person: 

a. must be released from active duty (RELAD) under honorable conditions from the Coast 

Guard or another military service; 

b. must be eligible for reenlistment or for extension of his or her active duty; 
c. must not have previously received an affiliation bonus for service in the SELRES; 
d. must have satisfactorily completed his or her term of enlistment or period of obligated 

active duty service, or have 180 days or less remaining on his or her active duty obligation; 

e. must affiliate with the SELRES within six months of RELAD date, for a minimum of 
three years in the rating or unit for which the bonus was authorized unless authorized to change to 
another bonus eligible rating or unit; 

f. must not already have a mandatory SELRES obligation at the time of RELAD; and, 
g. must execute a written agreement (see Enclosure (6) of Personnel and Pay Procedures 

Manual, PSCINST M1000.2 (series). 
 
3. Amount and payment method.  The amount of the bonus shall be prescribed annually by Com-
mandant (CG-13) in accordance with Article 3.E.4.  The bonus will be paid in an initial payment of 
one-half of the total bonus amount. Members must submit a written request to PSC (mas) via their 
chain of command for the remainder of the bonus amount one year after the date of the initial pay-
ment. 
 
4. Application. 

a. Servicing SPO. Prepare or review completed Report of Separation from Active Duty 
(DD  Form  214),  orders  to  a  SELRES  assignment,  and  the  appropriate  Administrative  Remarks 
(CG-3307).  The Administrative Remarks (CG-3307) shall be faxed to PSC (mas). 

b. PSC (mas). Upon receipt of the Administrative Remarks (CG-3307), and at such time 
as the documents are processed by the pay system, make bonus payments as directed in paragraph 
3 above. 

 
 
Paragraph  2  of Enclosure (3) to COMDTINST 7220.1A, which also contains SELRES 
bonus regulations, states that to receive an Affiliation Bonus, a member must hold a bonus-eligi-
ble rating or be assigned to a bonus-eligible unit under the bonus bulletin in affect at the time of 
affiliation and must continue to serve in that rating or at that unit. 
 

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. 

The application was timely. 
 

•  was  RELAD  under  honorable  conditions  from  the  Coast  Guard,  as  required  by 

•  was eligible for reenlistment on active duty, as required by Article 3.E.5.2.b.; 
•  had not previously received an Affiliation Bonus, as required by Article 3.E.5.2.c.; 
•  had  less  than  180  days  remaining  on  his  active  duty  obligation,  as  required  by 

Article 3.E.5.2.a.; 

Article 3.E.5.2.d.;  

•  affiliated  with  the  SELRES  for  at  least  three  years  within  six  months  of  being 
RELAD, as required by Article 3.E.5.2.e. (which also requires that the member be 
in a critical rating or assigned to a critical unit authorized the bonus); 

2. 

The  Page  7  submitted  by  the  applicant  shows  that  on  April  2,  2007,  he  was 
advised that he would receive an $8,200 Affiliation Bonus for committing to affiliate with the 
SELRES from his release from active duty (RELAD) on July 8, 2007, through July 7, 2011.  This 
advice was erroneous because it was based on ALCOAST 056/06, which was no longer in effect.  
Under ALCOAST 056/06, the applicant’s BM rating was one of the critical ratings eligible for 
SELRES  Affiliation  Bonuses.    However,  under  the  new  SELRES  bonus  bulletin,  ALCOAST 
064/07,  which  superseded  ALCOAST  056/06  on  February  5,  2007,  the  applicant’s  BM  rating 
was not eligible for an Affiliation Bonus.  COMDTINST 7220.1, which the applicant claimed to 
have  read  and  understood  on  the  Page  7,  and  Article  3.E.5.2.e. of the Personnel Manual both 
state  that  to  be  eligible  for  an  Affiliation  Bonus,  the  member  must  be  assigned  in  one  of  the 
ratings or to one of the units for which the bonus has been authorized.   

The  record  indicates  that  the  applicant  signed  the  Page  7  affiliation  agreement 
with the promise of the bonus on April 2, 2007, and did in fact affiliate and begin drilling upon 
being RELAD on July 7, 2007.  Therefore, it appears to the Board that the applicant met all of 
the written requirements for an Affiliation Bonus under Article 3.E.5. of the Personnel Manual, 
except for being in a designated critical rating.  In this regard, the Board notes that he 

 
3. 

 

•  did not already have a mandatory SELRES obligation at the time of RELAD, as 

required by Article 3.E.5.2.f.; and 

•  executed  a  written  agreement  in  accordance  with  Enclosure  (6)  of  PSCINST 
M1000.2  (which  provides  the  text  of  the  Page  7  affiliation  agreement  that  the 
applicant signed on April 2, 2007), as required by Article 3.E.5.2.g. 

The applicant was not paid the first half of the bonus upon affiliation, as provided 
under the ALCOASTs.  However, he apparently affiliated and drilled regularly beginning in July 
2007, and there is no evidence in the record that he was told he was not entitled to a bonus prior 
to December 7, 2007, the date of his Reserve enlistment contract.  In block 8 of that contract, the 
applicant was clearly advised that he was not entitled to a bonus.   

The Board notes that when the applicant signed the Page 7, agreeing to affiliate 
with the SELRES through July 7, 2011, he did not actually have sufficient obligated service to 
fulfill that agreement because his MSO was ending on February 7, 2008.  He did not obligate the 
additional  Reserve  service  until  he  enlisted  on  December  7,  2007.    However,  the  applicable 
ALCOASTs, the Personnel Manual, and COMDTINST 7220.1A are completely silent on how a 
member with only a few months of remaining MSO upon RELAD should obligate sufficient ser-
vice to fulfill an affiliation agreement and qualify for the bonus.  In addition, the regulations for 
Affiliation Bonuses are silent on whether a member is entitled to the bonus in effect on the date 
the Page 7 is signed, the date of RELAD and affiliation, or the date sufficient service is obligated 
to fulfill the affiliation agreement in the Page 7.2  Given the silence of all the applicable regula-
tions on these points, the Board does not believe that the applicant’s lack of sufficient obligated 
service on April 2, 2007, should disqualify him from receiving an Affiliation Bonus. 

 
4. 

 
5. 

 
6. 

 
7. 

The Board also notes that the $8,200 bonus amount on the Page 7 greatly exceeds 
the  Affiliation  Bonus  that  he  could  have  been  paid  under  either  ALCOAST.    Under  both 
ALCOAST  056/06,  which  the  applicant  acknowledged  reading,  and  ALCOAST  064/07,  the 
Affiliation Bonus was calculated as $2,400 for each full year of remaining MSO and $200 per 
month for any partial year of remaining MSO.  Because the applicant had only seven months of 
remaining MSO upon his RELAD date, if his rating had been authorized an Affiliation Bonus 
under ALCOAST 064/07, he would have been eligible for a bonus of just $1,400. 

Article 3.E.5.2.d. of the Personnel Manual allows members in the critical ratings 
to execute a Page 7 affiliation agreement for a bonus within the last 180 days of their active duty 
enlistments.  The applicant’s active duty enlistment ended on July 7, 2007.  Therefore, he could 
have signed the required Page 7 as early as January 7, 2007.  On that date, ALCOAST 056/06 
was still in effect, authorizing an Affiliation Bonus for members in the applicant’s BM rating.  
The  applicant  did  not  actually  agree  to  affiliate  with  the  SELRES  before  ALCOAST  056/06 
expired.  However, under the circumstances of this case and because he was promised the bonus 
in writing, the Board finds that in the interest of justice the applicant should have the option of 

                                                 
2 In contrast, the Board notes that the regulations for active duty Selective Reenlistment Bonuses (SRBs) include the 
following  provision  under  Article  3.C.5.11.  of  the  Personnel  Manual:    “Entitlement  to  SRB  multiple  and  bonus 
ceiling is established on the actual date of reenlistment or the date the member executes an Agreement to Extend 
Enlistment by signing Form CG-3301B.” 

having his Page 7 agreement backdated to a date when ALCOAST 056/06 was in effect so that 
he would be entitled to the Affiliation Bonus members in the BM rating were then authorized. 

The JAG recommended that the Board afford the applicant the opportunity to void 
the  December  7,  2007,  Reserve  enlistment  contract  and  be  expeditiously  discharged  from  the 
Reserve.  The applicant was told on April 2, 2007, that his Affiliation Bonus would be $8,200, 
but he did not reveal when he was told that the Page 7 was in error.  Therefore, it is possible that 
he drilled from July 7 to December 7, 2007, believing that he would receive an $8,200 bonus.  As 
of his reenlistment on December 7, 2007, however, he clearly knew that he was not entitled to a 
bonus under the regulations.  Therefore, the Board finds that if the applicant does not want to 
continue drilling for the $1,400 Affiliation Bonus he would receive if his Page 7 were backdated 
in accordance with finding 7, above, he should have the alternative option of changing the term 
of his Reserve enlistment from four years to two years, so that he may be discharged from the 
Reserve on December 6, 2009. 

Accordingly, the Board finds that within 60 days of the date of this decision, the 
applicant  should  be  counseled  about  his  options  and  given  the  option  of  either  (a)  having  his 
Page  7  affiliation  agreement  backdated  to  February  1,  2007,  when  ALCOAST  056/06  was  in 
effect, and receiving the $1,400 Affiliation Bonus pursuant to that ALCOAST; or (b) having the 
term of his December 7, 2007, Reserve enlistment contract changed from four years to two years 
so that he may be expeditiously discharged from the Reserve on December 6, 2009. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 
8. 

 
9. 

 

 
 
 
 
 

ORDER 

   
The  application  of  xxxxxxxxxxxxxxxxxxxxxxxxxxxx,  USCGR,  for  correction  of  his 

military record is granted in part as follows: 

 
Within  60  days  of  the  date  of  this  decision,  the  Coast  Guard  shall  provide  him  with 
proper counseling concerning his options under this Order.  Following that counseling, he shall 
have the option of either 

 

(a)  having  his  Page  7  affiliation  agreement  backdated  from  April  2,  2007,  to 
February  1,  2007,  when  ALCOAST  056/06  was  in  effect,  and  receiving  the  $1,400 
Affiliation Bonus pursuant to that ALCOAST; or  
 

(b) having the term of his December 7, 2007, Reserve enlistment contract changed 
from four years to two years so that he may be expeditiously discharged from the Reserve 
on December 6, 2009. 
 
If he makes no election pursuant to this Order, no correction shall be made to his record.   
 
The Coast Guard shall pay him any amount he may be due as a result of any correction 

 
 

 
 

 
 

 
 

made to his record pursuant to this Order. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Bruce D. Burkley 

 

 

 

 
 
 Robert S. Johnson, Jr. 

 

 

 
 Randall J. Kaplan 

 

 

 

 

 

 

 

 

 

 

 



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