DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2009-222
XXXXXXXXXXXX
XXXXXXXXXXXX
FINAL DECISION
This proceeding was conducted according to the provisions of section 1552 of title 10 and
section 425 of title 14 of the United States Code. The Chair docketed the application upon
receipt of the applicant’s completed application and military records on August 4, 2009, and
subsequently prepared the final decision 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 May 13, 2010, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his record so that he is compensated for 34 days
of leave charged to him while he was in a not fit for duty (NFFD) status. The applicant alleged
that the Coast Guard violated its policy by placing him on annual leave while he was NFFD.
The applicant was a reservist performing active duty when he was placed in a NFFD
status from August 8, 2007 to September 19, 2007, while undergoing treatment for a back
condition. According to the Coast Guard, the applicant was charged with 31 days of leave during
the 43 days that he was not NFFD. The applicant’s active duty orders were scheduled to expire
on July 30, 2007, but were extended because the applicant was undergoing medical treatment.
He was released from active duty on September 24, 2007.
VIEWS OF THE COAST GUARD
On December 18, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted
a memorandum in which he adopted the comments provided by Commander, Personnel Service
Center (PSC), as the Coast Guard’s advisory opinion. PSC recommended that the Board grant
the following relief: “[That] partial relief be granted in that 31 days of leave be credited to the
applicant along with any associated pay and entitlements.”
In this regard, PSC stated that according to Article 7.A.2.e. of the Personnel Manual, sick
leave is a period of authorized absence granted to persons while under medical care and
treatment and is not chargeable as leave. PSC stated that since the applicant was deemed NFFD
from August 8, 2007 to September 19, 2007, by competent medical authority, the leave
associated with that status for the entire 43-day period should have been attributed to sick leave
in accordance with policy. PSC recommended that the applicant receive any pay or entitlement
as a result of the 31 days that were erroneously charged to him as leave while he was NFFD.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On January 4, 2010, the Board received the applicant’s reply to the views of the Coast
Guard. He accepted the Coast Guard’s offer that he receive pay for the 31 days of leave
erroneously charged to him while he was in a NFFD status.
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 section 1552 of title 10
of the United States Code. The application was timely.
2. The JAG found, and the Board agrees, that the Coast Guard committed an error by
charging the applicant leave for a portion of the period he was NFFD, instead of granting him
sick leave for that entire period from August 8, 2007 to September 19, 2007. Article 7.A.2.e.
states that sick leave is not chargeable as leave. Therefore, the Board agrees with the JAG that
the 31 days of leave charged to the applicant during the NFFD period should be returned to him.
The leave is then to be sold back to the government.
accordance with the advisory opinion and the applicant’s reply to the advisory opinion.
3. Accordingly, the applicant’s request for relief should be partially granted in
[ORDER AND SIGNATURES APPEAR ON FOLLOWING PAGE]
ORDER
The application of XXXXXXXXXXX, USCGR (Ret.), for correction of his military
record is granted, in part, as follows. His record shall be corrected to show that he was not
charged with 31 days of leave between August 8, 2007 and September 19, 2007, but that he was
authorized sick leave for this entire period. His record shall be further corrected to show that he
sold the 31 days of leave back to the government upon his release from active duty on September
24, 2007. The Coast Guard shall pay him the amount due as a result of this correction.
Donna M. Bivona
Nancy L. Friedman
Dorothy J. Ulmer
CG | BCMR | Other Cases | 2008-187
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