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
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 | 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 | 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 | 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 | 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 | 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 | 2009-093
This final decision, dated September 24, 2009, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct the date of his indefinite1 reenlistment contract from October 4, 2007, to June 25, 2007. The applicant alleged that he sold 60 days of leave upon his discharge and indefinite reenlistment on June 25, 2007.2 However, because of the erroneous date in block 5, the sale of leave was not effected until October 4, 2007, which was...
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 | 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...