DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2009-253
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
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 September 12, 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 27, 2010, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct his record to show that he sold 58.5 days of
leave when he reenlisted for an indefinite period on December 2, 2008. The applicant alleged
that he was not counseled that he could sell leave when he reenlisted.
He submitted a statement from a lieutenant junior grade (LTJG) at his unit. The LTJG
stated that due to improper counseling, the applicant was unaware that after entering into an
indefinite reenlistment contract he could no longer sell leave until he either separated or retired
from the Coast Guard.
VIEWS OF THE COAST GUARD
On January 12, 2010, the Judge Advocate General (JAG) of the Coast Guard submitted a
memorandum adopting the comments provided by Commander, Personnel Service Center (PSC),
as the Coast Guard’s advisory opinion.
PSC attached a statement from a chief yeoman who verified that the applicant was not
counseled on the authorization to sell leave. PSC stated that the applicant has substantiated an
injustice in his record. In this regard, PSC stated that based on the statements provided by the
applicant’s unit, the applicant was improperly counseled on his ability to sell leave upon
executing an indefinite reenlistment contract and, if he had been properly counseled, he would
have sold leave upon his indefinite reenlistment.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On January 26, 2010, the BCMR received the applicant’s response to the views of the
Coast Guard. He stated that he had no objections to the advisory opinion.
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.
[ORDER AND SIGNATURES APPEAR ON FOLLOWING PAGE]
2. The Coast Guard admitted that personnel at the applicant’s unit either improperly
counseled or failed to counsel him about the limited opportunity to sell leave when he entered
into an indefinite reenlistment. Under Article 7.A.20.a. of the Personnel Manual, an active duty
member could sell leave on the date of discharge or separation from active duty up to a
maximum career total of 60 days. However, indefinite reenlistments eliminated the need for
periodic reenlistments and members like the applicant who did not sell leave at the time of their
indefinite reenlistments could not do so until their separation or retirement. According to his
unit’s personnel, if the applicant had been properly counseled about the sale of leave, he would
have chosen to sell leave upon his indefinite reenlistment.
3. The Board concurs with the advisory opinion, as does the applicant.
4. Accordingly, the applicant has proved an error or injustice in his military record, and
relief should be granted.
ORDER
Randall J. Kaplan
The application of XXXXXXXXXXXXXXX, USCG, for correction of his military
record is granted. His record shall be corrected to show that upon his indefinite reenlistment on
December 2, 2008, he sold 58.5 days of leave. The Coast Guard shall pay the applicant the sum
owed as a result of this correction. The Coast Guard shall pay the applicant the sum owed as a
result of this correction.
Thomas H. Van Horn
Erin McMunigal
CG | BCMR | OER and or Failure of Selection | 2011-005
leave when they reenlist indefinitely. The PSC stated that the Coast Guard’s policy is “to provide members the opportunity to sell leave before entering into [an indefinite reenlistment] contract. Effective 1 September 2008, members who are currently serving on an indefinite reenlistment contract are authorized to enter into a new indefinite reenlistment, one time, during a career for the purpose of selling leave.
CG | BCMR | Other Cases | 2010-231
of the Personnel Manual, which authorizes upon discharge a lump sum payment of unused leave “to a maximum career total of 60 days.” Members may not carry more than 75 days of accrued leave from one fiscal year to the next, and any accrued leave in excess of 75 days is lost at the start of a new fiscal year. The applicant checked two boxes—both “Request of individual” and “Sell Leave (Effective 01SEP2008, members who are serving on an indefinite contract (which began prior to 01SEP2008) are...
CG | BCMR | Other Cases | 2010-015
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. Effective 1 September 2008, members who are currently serving on an indefinite reenlistment contract are authorized to enter into a new indefinite reenlistment, one time, during a career for the purpose of selling leave. Therefore, the Board does not know for certain (a) whether the applicant actually had 60 days of accrued, unused leave to...
CG | BCMR | Other Cases | 2009-161
Effective 1 September 2008, members who are currently serving on an indefinite reenlistment contract are authorized to enter into a new indefinite reenlistment, one time, during a career for the purpose of selling leave. PSC further stated the following in pertinent part: The Coast Guard’s policy at the time of the time of the applicant’s indefinite reenlistment was, by virtue of an indefinite reenlistment, to provide members the opportunity to sell leave upon entering into a reenlistment...
CG | BCMR | Other Cases | 2004-016
This final decision, dated June 30, 2004, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his record to show that, upon his indefinite reenlistment on October 29, 2002, he sold 30 days of accrued annual leave. of the Personnel Manual, members being discharged may sell leave and that members may sell a maximum of 60 days of unused annual leave during their careers.1 CGPC stated that the applicant sold 30 days of leave when he...
CG | BCMR | Other Cases | 2005-152
In his application to the BCMR, the applicant alleged that when he reenlisted on May 2, 2003, he was not advised that because he was signing an indefinite reenlistment it was his last opportunity to sell leave until he retired from the Coast Guard. In that case, the JAG recommended that the Board grant relief because there was no evidence in the applicant’s record that he was counseled about the lump sum leave policy when he signed the indefinite reenlistment contract. CGPC stated in...
In his application to the BCMR, the applicant alleged that when he reenlisted on May 2, 2003, he was not advised that because he was signing an indefinite reenlistment it was his last opportunity to sell leave until he retired from the Coast Guard. In that case, the JAG recommended that the Board grant relief because there was no evidence in the applicant’s record that he was counseled about the lump sum leave policy when he signed the indefinite reenlistment contract. CGPC stated in...
CG | BCMR | Other Cases | 2001-115
To maximize applicant’s monetary gain in selling leave, a new indefinite reenlistment should be completed with a date any time between June 2, 2001 and June 10, 2001.” (June 10th is the date the applicant reported to his new duty station). The applicant submitted persuasive evidence that the Coast Guard committed an error by erroneously advising the applicant that if he reenlisted on June 1, 2001, the date of his advancement to E-8, he would receive pay for leave sold at the E-8 rate. The...
CG | BCMR | Other Cases | 2012-039
The applicant stated that since that transfer, he has taken leave at every 1 Whenever a member reenlists, his record automatically shows that he was discharged from his prior enlistment the day before the date of reenlistment. of the Personnel Manual, which authorizes upon discharge a lump sum payment of unused leave “to a maximum career total of 60 days.” opportunity, “but the high operational tempo of the unit will not permit me to take the 65 days of leave needed to get below the 75 days...
CG | BCMR | Other Cases | 2008-074
The date the member executes an indefinite reenlistment will be the last opportunity for the member to sell leave until such time as the member retires/separates, pursuant to article 7.A.20 of [the Personnel Manual]. ALPERSRU 1/01 required personnel officers to counsel members who were reenlisting indefinitely about the reenlistment being their last opportunity to sell leave prior to their retirement. Therefore, the Board finds that it is in the interest of justice to allow the applicant...