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CG | BCMR | Other Cases | 2010-154
Original file (2010-154.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 

xxxxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxx 
 

FINAL DECISION 
BCMR Docket No. 2010-154 

 

 

SUMMARY OF THE RECORD 

The applicant asked the Board to correct his record to show that he sold 60 days of leave 
when he signed an indefinite reenlistment contract on May 16, 2009.  He alleged that he was 
counseled  on  an  old  Career  Intentions  Worksheet,  which  did  not  fully  advise  him  about  his 
opportunity to sell leave.  He stated that when he signed the contract, he hoped to take leave pur-
suant  to  a  transfer,  and  his  Servicing  Personnel  Office  advised  him  that  if  he  could  not  take 
leave, he could sign a second indefinite reenlistment contract and sell the leave then.  However, 
he later learned that he could not do so and, as a result of the bad advice, he lost 30.5 days of 
leave at the end of the fiscal year.  In support of his allegations, the applicant submitted copies of 
the  old  and  new  Career  Intentions  Worksheets,  which  show  that  the  form  was  amended  in 
August 2009 to include the following advice:  “If you are entering into an indefinite reenlistment, 
this will be the last opportunity to sell leave before you retire or are discharged.” 

 
The Judge Advocate General (JAG) recommended that the Board grant relief.  The JAG 
stated that in light of ALCOAST 307/08, it is plausible that the applicant was miscounseled and 
that  he  should  be  given  the  benefit  of  the  doubt.    Paragraph  2  of  the  ALCOAST  authorizes 
second indefinite reenlistments for members who had already entered them before September 1, 
2008.  Paragraph 6 states that after September 1, 2008, members could either reenlist for 3 to 6 
years or sign an indefinite reenlistment, in which case they could not sign another contract.   

 
Upon  receiving  a  copy  of  the  JAG’s  recommendation,  the  applicant  responded  that  he 

agrees with it. 
 

FINDINGS AND CONCLUSIONS  

Under Chapter 7.A.20. of the Pay Manual, members may sell up to a career total of 60 
days of leave upon being separated from the Coast Guard whether or not they reenlist.  Under 
Section 5.D.2.1. of the Personnel and Pay Procedures Manual, members may not carry over more 
than 75 days of accrued, unused leave from one fiscal year to the next.  Because paragraph 2 of 
ALCOAST  307/08  authorized  a  second  indefinite  reenlistment  and  the  prohibition  against 
second indefinite reenlistments for those reenlisting after September 1, 2008, did not appear until 
paragraph  6  of  the  ALCOAST,  the  Board  finds  it  plausible  that  the  applicant  was  incorrectly 
counseled that he would be able to sign a second indefinite reenlistment contract if he was unable 
to use his leave.  The Board also notes that several prior applicants have made similar complaints 

(see, e.g., BCMR Docket Nos. 2010-015, 2008-074, and 2004-016) and that as a result of such 
problems, the Career Intentions Worksheet was revised three months after the applicant signed 
his contract to warn members who are reenlisting indefinitely that it will be their last opportunity 
to sell leave before their final separation.  In light of these circumstances, the Board finds that it 
is in the interest of justice to grant relief.  However, neither the applicant nor the Coast Guard 
submitted copies of the applicant’s leave statements.  Therefore, the Board does not know for 
certain (a) whether the applicant actually had 60 days of accrued, unused leave to sell on May 
16, 2009; (b) whether he had ever sold leave before, in which case he could not have sold 60 
days of leave in 2009 because that is the career-long maximum; or (c) whether correcting his 
record to show that he sold 60 days of leave in 2009 would, after his leave records are adjusted, 
leave him with a current negative leave balance.  Therefore, relief should be granted provided 
that the applicant actually had accrued, unused leave to sell on May 16, 2009, that the sale of 
leave does not exceed the career-long limit of 60 days, and that the sale of leave does not leave 
him with a current negative leave balance. 
 

ORDER 

The  application  of  xxxxxxxxxxxxxxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his 

military record is granted as follows: 
 

The Coast Guard shall correct his indefinite reenlistment contract dated May 16, 2009, to 
show that he sold his accrued, unused leave on that date, provided that the sale of leave shall not 
exceed the 60-day career maximum under the Pay Manual and shall not leave him with a current 
negative leave balance after his leave records are adjusted to reflect the sale.  The Coast Guard 
shall pay him any amount due as a result of this correction. 
 
 
 
 
 
 
February 4, 2011 
Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Nancy L. Friedman 

    
 Lynda K. Pilgrim 

 

 
 
 Philip B. Busch 

 
 

 
 

 
 

 
 

 

 
 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

 
 



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