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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