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CG | BCMR | Other Cases | 2010-035
Original file (2010-035.pdf) Auto-classification: Denied
 

 

 
 

 

DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for Correction of 
the Coast Guard Record of: 
 
                                                                                       BCMR Docket No. 2010-035 
 
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  applicant’s 
completed application on November 18, 2009, and assigned it to staff member J. Andrews to pre-
pare 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  August  26,  2010,  is  approved  and  signed  by  the  three  duly 

 

APPLICANT’S REQUEST 

 

The  applicant  asked  the  Board  to  correct  his  record  by  voiding  a  9-month  extension  of 
enlistment contract that he signed on July 12, 2007, to obligate sufficient service to attend “A” 
School to become an avionics electrical technician (AET).  The applicant alleged that the exten-
sion  contract  should  be  voided  because  he  voluntarily  withdrew  and  never  attended  AET  “A” 
School for personal reasons.  
 

SUMMARY OF THE RECORD 

 

On July 11, 2006, the applicant enlisted in the Coast Guard for 4 years, through July 10, 
2010.  On June 5, 2007, the Personnel Command issued orders for the applicant to transfer to an 
air station on July 16, 2007, to participate in the Airman Program and to attend AET “A” School 
for  20  weeks  between  November  12,  2007,  and  April  18,  2008.    Under  COMDTINST 
M1500.10C, to attend any 20-week “A” School, members must have at least 32 months of obli-
gated  service  past  their  graduation  date.    Chapter  7.F.13.  of  COMDTINST  M1500.10C,  the 
Coast Guard’s Performance, Training, and Education Manual, states the following: 
 

Members are obligated to serve 24 months for the first 12 weeks of instruction, and one month for 
every additional week of instruction thereafter.  The period of obligated service will commence on 
the date of graduation from course of instruction.  Members who do not have the necessary active 
duty  obligated  service  requirement  for  Class  “A”  school  remaining  on  the  present  contract  must 
reenlist  or  agree  to  extend  enlistment  to  cover  the  required  period  prior  to  departing  the  unit  for 

 

 

school.  Personnel disenrolled from course of instruction due to own request, lack of application, 
or misconduct will be required to fulfill the full obligated service requirement. 
 
Since the applicant would graduate on April 18, 2008, and needed 32 months of obligated 
service  past  graduation,  he  had  to  obligate  service  through  December  18,  2010,  to  accept  the 
orders.    His  enlistment  already  ran  through  July  10,  2010.    On  July  12,  2007,  he  signed  a  
9-month  extension  contract,  extending  his  enlistment  from  July  11,  2007,  through  April  10, 
2011.  After the applicant arrived at the air station, he signed the following statement on a CG-
3307 (“Page 7”) in his record: 
 

I have been counseled that I have been disenrolled from the Airman Program with a “Fault” disen-
rollment on this date.  This disenrollment was at my request to be voluntarily disenrolled from the 
Airman Program.  I understand that this is a “Fault” disenrollment and that the contents of section 
4.A.6.a.  of  the  Personnel  Manual  states  that  I  am  “available  for  unrestricted  world-wide  assign-
ment”  upon  detachment  from  CG  AIRSTA  Miami.    Additionally,  in  accordance  with  section 
4.C.4.b. of the Personnel Manual, I understand that because of my “Fault” disenrollment I may not 
apply to any “A” School until one year from date of disenrollment. 

Following his disenrollment from “A” School, the applicant earned the storekeeper desig-

 
 
nation (SK3) by “striking,” which is on-the-job training. 
 

VIEWS OF THE COAST GUARD 

 
On March 12, 2010, the Judge Advocate General (JAG) of the Coast Guard submitted an 
 
advisory  opinion  recommending  that  the  Board  deny  the  applicant’s  request.    In  so  doing,  he 
adopted  the  findings  and  analysis  of  the  case  provided  in  a  memorandum  prepared  by  the  Per-
sonnel Service Center (PSC). 
 

The PSC alleged that the applicant’s nine-month extension was required for him to com-
ply  with  the  obligated  service  requirements  for  attending  a  20-week  “A”  School  in  COMDT-
INST M1500.10C.  The PSC noted that the applicant  enlisted on July 11, 2006, for four  years; 
that he would have  graduated from  AET  “A” School  on April 18, 2008; and that the obligated 
service  requirement  for  AET  “A”  School  is  32  months.    However,  the  PSC  concluded  that 
because the applicant “upon graduation, would have had only 23 months remaining on his con-
tract, he was obligated to extend his enlistment by 9 months.”1 

 
The  PSC  noted  that  under  Chapter  7.F.13.  of  COMDTINST  M1500.10C,  the  applicant 
was required to complete his full “A” School obligated service requirement when he voluntarily 
disenrolled from the program.  Therefore, the PSC concluded, the applicant’s 9-month extension 
should remain in effect. 

 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On March 15, 2010, the Chair sent the applicant a copy of the views of the Coast Guard 

and invited him to submit a response within 30 days.  No response was received.   

                                                 
1 However, the period between the applicant’s expected graduation date, April 18, 2008, and the end of his original 
enlistment, July 10, 2010, is not 23 months but 27 months.  

 

 

 

FINDINGS AND CONCLUSIONS 

1. 

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

2. 

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: 
 
 
The application was timely. 
 
 
The applicant asked the Board to void an extension contract that he signed on July 
12, 2007, to accept orders to join the Airman Program and attend AET “A” School.  He alleged 
that  it  is  unjust  for  the  extension  to  remain  in  his  record  because  he  never  attended  AET  “A” 
School for personal reasons.  The Board begins its analysis in every case by presuming that the 
disputed information in the applicant’s military record is correct as it appears in his record, and 
the applicant bears the burden of proving by a preponderance of the evidence that the disputed 
information is erroneous or unjust.2 
 
 
The  applicant’s  “A”  School  orders  show  that  his  expected  graduation  date  was 
April  18,  2008.    Under  Chapter  7.F.13.  of  COMDTINST  M1500.10C,  he  had  to  have  at  least  
32 months of obligated service past that date to accept his orders.  Adding 32 months to April 18, 
2008, brings one to December 18, 2010.  The applicant’s original enlistment ran through July 10, 
2010.  Thus, he needed only 6 months of newly obligated service, extending his enlistment from 
July 11, 2010, through January 10, 2011, to accept the orders.3  Therefore, the Board finds that 
the  applicant  was  erroneously  advised  to  sign  a  9-month  extension  contract  on  July  12,  2007, 
because he needed only a 6-month extension to accept his orders. 
 
 
The  applicant  asked  the  Board  to  void  the  extension  contract  altogether.    How-
ever, the extension already went into effect on July 11, 2010.  Moreover, under Chapter 7.F.13. 
of COMDTINST M1500.10C, the applicant is required to complete the period of service he obli-
gated under the extension contract even though he did not finish the Airman Program and did not 
attend AET “A” School. 
 
 
Accordingly, because the term of the extension is erroneous, it should be correct-
ed to reflect an obligation of just 6 months—i.e., to January 10, 2011—but the contract should 
not be voided. 
 

3. 

4. 

5. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

 
 

                                                 
2 33 C.F.R. § 52.24(b). 
3  Under  Chapter  1.G.15.  of  the  Personnel  Manual,  extension  contracts  may  be  written  only  in  whole-month 
increments. 

 

 

ORDER 

 
 

 
 

 
 

 
 
military record is granted in part as follows: 
 
 
that he extended his enlistment for just 6 months. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 James E. McLeod 

 

The  application  of  SK3  xxxxxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his 

The Coast Guard shall correct the term of his July 12, 2007, extension contract to show 

        

 
 Donna M. Bivona 

 

 

 
 Bruce D. Burkley 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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