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CG | BCMR | SRBs | 2009.021
Original file (2009.021.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. 2009-021 
 
XXXXXXXXX. 
xxxxxxxxx, SNMST/E-3 

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 November 14, 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). 
 
 
ed members who were designated to serve as the Board in this case. 
 

This final decision, dated July 16, 2009, is approved and signed by the three duly appoint-

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant,  a  seaman  with  marine  science  technician  designation  (SNMST)  in  the 
Coast Guard Selected Reserve (SELRES), asked the Board to correct his record to show that he 
is entitled to a $6,000 enlistment bonus for signing a six-year SELRES enlistment contract on 
February 26, 2008.  He alleged that his Coast Guard recruiter promised him a $6,000 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 was signed by him and his recruiter on February 
26, 2008, and states the following: 

 
I have been advised that I am eligible for a $    6000     SELRES enlistment or affiliation incentive 
bonus.  Receipt of this bonus commits me to SELRES participation through     0/26/14 .  I 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). 
 
The applicant also submitted a reservation request prepared by his Coast Guard recruiter, 
a  first  class  petty  officer,  which  shows  that  the  applicant  was  enlisting  in  the  marine  science 
technician  (MST)  rate in pay grade E-3, and was going to receive a $6,000 bonus for college 
credit, pursuant to the Coast Guard’s enlistment bonus for college credit program (EBCC). 

 

                                                 
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. 
 

 

 

The applicant also submitted a copy of an enlistment package check off list, which shows 
that he had been approved by Coast Guard Recruiting Command to receive an advance pay grade 
of E-3 and a $6,000 enlistment bonus under the EBCC program.  However, the check off list 
shows that the EBCC is “available only to active duty enlistees.”  The applicant stated that he 
graduated from MST “A” School2 on August 22, 2008.   
 

SUMMARY OF THE RECORD 

On February 26, 2008, the applicant and his recruiter signed a Page 7 to document that 
the  applicant  had  been  promised  a  $6,000  bonus  for  agreeing  to  enlist  for  six  years  in  the 
SELRES.  Also, on February 26, 2008, the applicant enlisted in the SELRES for six years in the 
pay grade E-3.  The military record submitted by the Coast Guard does not contain either the 
Page 7 with the promise of the $6,000 enlistment bonus or his SELRES enlistment contract.   
 

VIEWS OF THE COAST GUARD 

On April 6, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted an 
advisory opinion and recommended that the Board deny the requested relief in this case.  The 
JAG admitted that the record “does document that Applicant was advised in an Administrative 
Remarks Form (CG-3307) dated 26 February 2008, that he was eligible for a $6,000 SELRES 
enlistment bonus.”  However, the JAG alleged that the applicant is not eligible for an enlistment 
bonus, because under ALCOAST 060/08, only members agreeing to serve in the MK rate are 
eligible for a bonus.  The JAG noted that the applicant enlisted in the MST rate.  The JAG further 
stated that although the recruiter’s enlistment package check off list indicates that the applicant is 
entitled to a $6,000 EBCC, per the Coast Guard Personnel Manual, COMDTINST M1000.6A, 
Article 3.A.2.3., “in order to receive the EB, members must agree to enlist for at least four years 
of active duty in a skill determined as critical.”  The JAG noted that the applicant enlisted in the 
Reserve and thus is not eligible for the EBCC.  

 
Although  the  JAG  recommended  denying  the  requested  relief,  the  JAG  recommended 
that  the  Board  offer  the  applicant  two  options:    (1)  have  his  record  corrected  by  voiding  his 
enlistment contract and being discharged from the Coast Guard; or, (2) remain in the SELRES 
without receiving a bonus.  
 

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 April 10, 2009, the Chair sent the applicant a copy of the JAG’s advisory opinion and 

 

APPLICABLE REGULATIONS 

 

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.  The program applies to new enlistees. 
 
                                                 
2 “A” School is where Coast Guard members receive training for their specific rating. 

ALCOAST  056/06  was issued on February 1, 2006, and was  cancelled on February 5, 

 
2007.  It was cited on the Page 7 prepared by the applicant’s recruiter and states the following: 
 

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).3  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 060/08 was issued on February 7, 2008, and 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 MK rating for at least six 
years and must complete initial active duty for training (IADT) within 18 months.  Applicants must 
be assigned to a vacant position.  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 3 of Ref. C had been met.  IADT consists of basic 
training or reserve enlisted basic indoctrination (REBI) plus A-School completion if required. 

PREVIOUS BCMR DECISION 

 

 

 

   
 
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. 
 

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: 
 

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

application was timely. 

 

                                                 
3 IADT (initial active duty for training) consists of basic training or reserve enlisted basic indoctrination (REBI) plus 
A-School completion if required. 

2.  The applicant requested an oral hearing before the Board.  The Chair, acting pursuant 
to  33  C.F.R.  § 52.51,  denied  the  request  and  recommended  disposition  of  the  case  without  a 
hearing.  The Board concurs in that recommendation. 
 

3.  The applicant has proved by a preponderance of the evidence that the Coast Guard 
erred when his recruiter promised him a $6,000 SELRES enlistment bonus for enlisting for six 
years.  His recruiter documented that promise on the reservation request and on a Page 7 dated 
the  same  day  the  applicant  signed  his  enlistment  contract.    In  addition,  the  Coast  Guard 
Recruiting Command approved the bonus.  However, ALCOAST 056/06, which was cited by the 
recruiter  as  the  authority  for  the  bonus,  had  been  canceled  for  more  than  a  year  when  the 
applicant  enlisted.    Moreover,  the  applicant  was  not  eligible  for  a  bonus  under  the  correct 
ALCOAST (060/08), because he was enlisting in the MST rate, and only recruits enlisting in the 
MK rate were eligible for a bonus under ALCOAST 060/08.  Finally, the Board notes that the 
check off list clearly states that the EBCC is “available only to active duty enlistees.”  
 

4.  The JAG argued that the Board should deny the requested relief because the applicant 
was not eligible for an enlistment bonus under the applicable ALCOAST.  However, the record 
indicates  that the recruiter promised the applicant the bonus as an enticement to enlist for six 
years in the SELRES, and the Recruiting Command approved his eligibility for the bonus.  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  six-year  enlistment  in  the  SELRES.    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’s recruiter promised him the $6,000 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 chosen to enlist in 
the Coast Guard Reserve had he not been promised the $6,000 bonus. 

 
5.  The facts of this case are very similar to the facts in the prior case summarized above.  
Like the applicant in that case, 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.  
In that case, the Board granted relief, finding that although the Government is not estopped from 
repudiating the advice of its employees, in the interest of justice, the promises made by the Coast 
Guard to new recruits should be kept when the recruits give due consideration for the promised 
benefit.  Moreover, the applicant in the instant case should have been able to rely on the advice 
provided by his recruiter, who was a first class petty officer in the Coast Guard and who was 
designated  by  the  Coast  Guard  as  a  recruiter  –  the  primary  source  of  information  for  anyone 
interested in enlisting in the Reserve.   
 

6.  Accordingly, the applicant’s request should be granted by awarding him $3,000―the 

                                                 
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).   

first half of the promised $6,000 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 “A” School (as required under ALCOASTs 056/06 and 060/08). 
   
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

The  application  of  XXXXXXXXX,  xxxxxxx,  USCGR,  for  correction  of  his  military 

ORDER 

 

record is granted as follows: 

 
  The Coast Guard shall pay him $3,000―the first half of the $6,000 enlistment bonus he 
was  promised  on  the  CG-3307  dated  February  26,  2008―because  he has already successfully 
completed his IADT, including 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  $6,000  SELRES  enlistment  bonus  he  was 
promised on the Page 7 dated February 26, 2008, and the Coast Guard shall pay him that amount 
as well. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Lillian Cheng 

 

 

 
 Nancy L. Friedman 

 

 

 
 Vicki J. Ray 

 

 

 

 

 

 

 

 

 

 

 

 

 



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