DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2009-271 
 
xxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxx   

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 completed 
application on September 30, 2009, 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  June  16,  2010,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant, a gunner’s mate, third class (GM3), asked the Board to correct his record 
to  show  that  he  is  entitled  to  a  selective  reenlistment  bonus  (SRB)1  for  signing  a  4-year 
enlistment  contract  on  June  28,  2009.    He  stated  that  prior  to  signing  the  contract  he  was 
counseled that he would receive an SRB, but that he never received the bonus.  The applicant 
submitted a copy of his enlistment contract and a Page 72, both of which state that he was eligible 
to receive an SRB calculated with a multiple of 1.0.  

                                                 
1  SRBs  allow  the  Coast  Guard  to  offer  a  reenlistment  incentive  to  members  who  possess  highly  desired  skills  at 
certain  points  during  their  career.    SRBs  vary  according  to  the  length  of  each  member’s  active  duty  service,  the 
number of months of service newly obligated by the reenlistment or extension of enlistment contract, and the need of 
the Coast Guard for personnel with the member’s particular skills, which is reflected in the “multiple” of the SRB 
authorized for the member’s skill/rating, which is published in an ALCOAST.  Coast Guard members who have at 
least 17 months but no more than 6 years of active duty service are in “Zone A”, while those who have more than 6 
but less than 10 years of active duty service are in “Zone B”.  Members may not receive more than one SRB per 
zone.  Coast Guard Personnel Manual, Article 3.C.4. 
2  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 

On October 30, 2007, the applicant enlisted in the Coast Guard Reserve for a term of 6 
years.    He  served  as  reservist  on  active  duty  in  Guantanamo  Bay  from  November  1,  2008, 
through June 27, 2009.  He integrated into the regular Coast Guard by signing a 4-year contract 
on June 28, 2009.  His record contains the June 28, 2009, contract which states “member eligible 
for SRB with 1.0 multiple.”  His record also contains a Page 7 dated June 28, 2009, which states 
that he is entitled to reenlist for a maximum of 6 years to receive an SRB with a multiple of 1.0, 
in accordance with ALCOAST 286/08.  His record also contains a DD Form 214 documenting 
his active service, and it shows that he had served on continuous active duty for 7 months, 27 
days, and had 4 months, 15 days of prior active service. 
 

VIEWS OF THE COAST GUARD 

 

 

 

 

On February 17, 2010, the Judge Advocate General (JAG) of the Coast Guard submitted 
an  advisory  opinion  and  recommended  that  the  Board  deny  relief.    The  JAG  argued  that  the 
applicant  is  not  entitled  to  receive  an  SRB  for  signing  a  contract  on  June  28,  2009,  because 
Article 3.C.4.a.2. of the Coast Guard Personnel Manual requires that to receive a Zone A SRB, 
the member must have completed 17 months continuous active duty at any point in their military 
career.  The JAG noted that the applicant had served only 12 months, 12 days of cumulative, not 
consecutive,  active  duty.    Moreover,  the  JAG  pointed  out  that  under  Article  1.G.1.a.  of  the 
Personnel Manual, unless a reservist has been serving on extended active duty for more than a 
year, his integration into the regular Coast Guard is an enlistment, not a reenlistment. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On  February  24,  2010,  the  Chair  sent  the  applicant  a  copy  of  the  views  of  the  Coast 

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

APPLICABLE LAW 

Article 1.G.1.a. of the Coast Guard Personnel Manual provides that “the enlistment of any 
person who has previously served in the regular Coast Guard shall be considered a reenlistment.  
The enlistment of Coast Guard Reserve personnel who are serving on extended active duty and 
who have served on extended active duty for 12 months or more shall be considered a reenlist-
ment.” 
 
 
Article 3.C.4.a.2. of the manual states that to receive a Zone A SRB, the member must 
“have completed 17 months continuous active duty (including extended active duty as a Reserve) 
at any point in their military career.”  The 17 months continuous active duty need not have been 
completed immediately prior to the reenlistment or extension. 
 

Under ALCOAST 286/08, which was in effect from July 16, 2008, through July 15, 2009,  

GM3s in Zone A were authorized an SRB calculated with a multiple of 1.0.  
 
 

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 submission, and applicable law: 
 

1.  The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.  The 

application was timely. 
 

2.  The applicant was promised a Zone A SRB for signing a 4-year reenlistment contract 
on June 28, 2009, but he never received the bonus.  The JAG recommended that the Board deny 
relief,  arguing  that  the  applicant was not eligible for an SRB because he did not complete 17 
months of continuous active duty prior to signing the contract, and because his June 28, 2009, 
contract  was  an  enlistment,  rather  than  a  reenlistment  since  he  had  not  served  more  than  12 
months on extended active duty.   
 

3.  The applicant’s record contains both an enlistment/reenlistment contract and a Page 7 
dated  June  28,  2009,  stating  that  he  was  entitled  to  receive  an  SRB  for  signing  a  4-year 
reenlistment contract.  However, the applicant was not eligible for an SRB for integrating into the 
regular Coast Guard on June 28, 2009, for two reasons:  First, he had not completed 17 months 
of  continuous  active  duty  at  any  point in his military career as required by Article 3.C.4.b.2.3  
Second, he had not completed 12 months or more of extended active duty pursuant to Article 
1.G.1.a. of the Personnel Manual, and thus he was “enlisting” in the regular Coast Guard on June 
28,  2009,  and  not  “reenlisting.”    Selective  reenlistment  bonuses  are  not  available  to  those 
enlisting in the Coast Guard.   

 
4.  The  record  indicates  that  the  Coast  Guard  promised  the  applicant  the  bonus  as  an 
enticement to enlist for 4 years in the regular Coast Guard and memorialized that promise on the 
applicant’s enlistment contract and on a Page 7.  The 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 4-year enlistment in the regular Coast 
Guard.  Although the Government is not estopped from repudiating the false promises made by 
its employees,4 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.”5    The  applicant  was 
promised an SRB bonus for enlisting, and he has already given consideration on the contract by 
enlisting  in  the  Coast  Guard  for  4 years.  There is no evidence that the applicant would have 
chosen to enlist in the regular Coast Guard had he not been promised the SRB.  In light of the 
clear error by the Coast Guard in promising the applicant an SRB, the Board finds that it is in the 
interest of justice to pay the applicant the SRB that he was promised. 
 

 
5.  Accordingly, the applicant’s record should be corrected to show that he is entitled to 
receive a Zone A SRB for signing a 4-year enlistment contract on June 28, 2009, in accordance 
with ALCOAST 286/08. 

                                                 
3 The longest time the applicant spent on extended active duty was 7 months, 27 days. 
4 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). 
5 Caddington v. United States, 178 F. Supp. 604, 607 (Ct. Cl. 1959).   

ORDER 

 

The application of xxxxxxxxxxxxxxxxxxx, USCG, for correction of his military record is 
granted.  His record shall be corrected to show that he is entitled to receive a Zone A SRB for 
signing a 4-year enlistment contract as a GM3 on June 28, 2009, in accordance with ALCOAST 
286/08.  The Coast Guard shall pay him any amount due as a result of this correction. 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 
 Philip B. Busch 

                     

 

    

 

 
 Vicki J. Ray 

 

 

   
 Kathryn Sinniger