DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2010-231 
 
Xxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxx   

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 August 10, 2010, 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). 
 
 
ed members who were designated to serve as the Board in this case. 
 

This final decision, dated June 3, 2011, is approved and signed by the three duly appoint-

APPLICANT’S REQUEST AND ALLEGATIONS 

The applicant asked the Board to correct his reenlistment contract dated June 1, 2010, to 
allow him to sell 60 days of accrued leave.  He alleged that he intended to sell 60 days of leave 
upon his discharge and reenlistment1 and that his intention to do so was documented in writing 
and communicated verbally with administrative personnel.  However, he was not allowed to sell 
his leave.   

 
In support of his allegations, the applicant submitted a copy of a short email exchange 
with a yeoman, second class (YN2) assigned to the Personnel Service Center.  In the exchange, 
dated June 15 and 16, 2010, the applicant wrote to the YN2, “I didn’t notice any annexes on my 
DD-4 [reenlistment contract] concerning my selling 60 days [of] leave or 0.5 SRB for OS.  Is 
there  a  separate  set  of  forms  for  that?”    In  response,  the  YN2  replied,  “There  are  no  SRB’s 
                                                 
1 Whenever a member reenlists, his record automatically shows that he was discharged from his prior enlistment the 
day before the date of reenlistment.  Under 37 U.S.C. § 37(b), a member of the armed forces “who has accrued leave 
to his credit at the time of his discharge, is entitled to be paid in cash or by a check on the Treasurer of the United 
States for such leave on the basis of the basic pay to which he was entitled on the date of discharge. …  However, 
the number of days of leave for which payment is made may not exceed sixty, less the number of days for which 
payment  was  previously  made  under  this  section  after  February  9,  1976.”    This  statute  is  reflected  in  Article 
7.A.20.a. 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. Personnel and Pay 
Procedures Manual, PPCINST M1000.2A, Chapter 5.D.2.1. 

SUMMARY OF THE RECORD 

 
 
The applicant enlisted for four years on August 29, 2000, through August 28, 2004.  He 
reenlisted for six years on August 29, 2004, and his reenlistment stated that he was not selling 
leave.    On  June  1,  2010,  near  the  end  of  his  second  enlistment,  the  applicant  reenlisted  for 
another six years.  This third active duty contract states in section B, block 8, “Mbr not selling 
leave.”  This block is initialed by the applicant, who also signed section D, block 13, certifying 
that he understood that only the agreements shown in section B or recorded on an attached annex 
would be honored.   
 

VIEWS OF THE COAST GUARD 

authorized according to ALCOAST 621/09.  I do see you have requested to sell leave which can 
be corrected and will be reflected.” 
 

 
On December 1, 2010, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion recommending that the Board deny the applicant’s request and adopting the 
findings and analysis provided in a memorandum on the case prepared by the Personnel Service 
Center (PSC). 

 
The PSC recommended that relief be denied because the applicant’s reenlistment contract 
dated June 1, 2010, indicates that he did not intend to sell leave when he signed it.  In light of the 
information on the contract, the PSC argued that the email exchange submitted by the applicant, 
which is dated more than two weeks after he reenlisted, does not prove that his intent on the date 
he reenlisted was to sell leave.  The PSC argued that without evidence of such intent or of faulty 
administrative  processing,  miscounseling,  or  duress,  the  Board  should  deny  the  applicant’s 
request. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
In response to the views of the Coast Guard, the applicant submitted a copy of his Career 
Intentions  Worksheet  (CIW),  which  is  a  two-page  form  that  a  member  completes  before  his 
enlistment ends to communicate his intentions to the PSC.  On the first page of the CIW, the 
applicant checked boxes showing that he intended to reenlist for six years.  He also checked two 
boxes in block 10, which only applies to members who are extending their enlistments, instead 
of  reenlisting,  and  in  which  the  member  is  supposed  to  indicate  the  reason  for  the  extension 
contract by checking one of eleven boxes.  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  authorized  to  cancel  and  immediately  reenlist 
indefinitely  for  the  purpose  of  selling  leave)(Complete  block  24  with  #  days  to  sell).”    The 
second page of the CIW, which is signed by both the applicant and his supervisor, contains and 
requests information about selling leave in block 24.  The applicant left block 24 of his CIW 
uncompleted, as shown below: 
 
 

 

24.  LEAVE  SECTION  (Complete  for  Separations,  reenlistments,  and  first  extensions  of 
enlistment). 
 

• 

If your leave plans change after completing this worksheet, immediately notify your SPO.  
Failure to do so may result in an overpayment for which you will be responsible. 
If you are entering an indefinite reenlistment contract … 

• 
•  Regular, Active Duty, members are only authorized to sell a TOTAL of 60 days’ leave 
during  their  career.    The  60-day  career  limitation  does  not  apply  to  Reservists  and 
Retirees recalled to AD for a contingency operation … 
If separating [permanently] you must use or sell all leave. 
If  you  are  reenlisting  or  extending,  unused  leave  will  automatically  be  carried  forward 
into your new service obligation. 

• 
• 

 
I plan to (select any that apply):    sell ____ days of leave 
 
 
 
 

 
 

 
 

 
 

 take terminal leave starting ____ 
 take leave prior to my separation for periods listed below 

FINDINGS AND CONCLUSIONS 

2. 

1. 

The  Board  has  jurisdiction  over  this  matter  under  10  U.S.C.  § 1552.    The 

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: 
 
 
application was timely. 
 
 
Under 33 C.F.R. § 52.24(b), absent evidence to the contrary, the Board presumes 
that Coast Guard records are correct and that Coast Guard officers have carried out their duties 
“lawfully, correctly, and in good faith.” Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 
1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 1979).  Therefore, absent evidence to 
the contrary, the Board presumes that the applicant’s reenlistment contract dated June 1, 2010, 
was properly completed to show that he did not want to sell leave when he initialed and signed 
the contract. 
 
 
 Although the applicant’s CIW is incorrectly completed, his entries in block 10 
indicate that on May 10, 2010, prior to his reenlistment, he intended to sell leave.  The email that 
the  applicant  sent  to  the  YN2  dated  June  15,  2010,  shows  that  two  weeks  after  his  date  of 
reenlistment,  he  still  thought  he  was  selling  leave  pursuant  to  his  reenlistment,  and  the  YN2 
acknowledged  that  he  had  intended  to  sell  leave.    Therefore,  although  the  applicant  initialed 
block 8.b. of his reenlistment contract, which included a note that he was not selling leave, the 
Board finds that the preponderance of the evidence indicates that the applicant intended to sell 
leave on June 1, 2010, and that his failure to do so was a result of an administrative error. 
 

3. 

4. 

Under 37 U.S.C. § 37(b), the applicant was entitled to sell leave based upon his 
discharge on May 31, 2010, the day before he reenlisted, as long as he had not previously sold  
60 days of leave.  Language on his 2004 reenlistment contract strongly suggests that he has never 
sold leave.  However, the applicant did not submit his leave records to prove either that he has 
never sold leave; that he had 60 days of accrued, unused leave to sell on May 31, 2010; or that 
correcting his record to show that he had done so would not subsequently give him a negative 

5. 

leave balance.  Although the applicant did not prove that he lost leave at the end of fiscal year 
2010, it is possible that he did since members cannot normally carry over more than 75 days of 
accrued, unused leave from one fiscal year to another.  Personnel and Pay Procedures Manual, 
PPCINST M1000.2A, Chapter 5.D.2.1. 
 
 
Therefore,  the  Board  finds  that  it  is  in  the  interest  of  justice  to  correct  the 
applicant’s records to show that he sold his accrued, unused leave upon reenlisting on June 1, 
2010,  provided  that  the  sale  of  leave  does  not  exceed  the  60-day  career  maximum  under  
37 U.S.C. § 37(b) and does not leave him with a negative leave balance after his leave records 
are adjusted to reflect the sale.   
 
 
 

Accordingly, relief should be granted. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

6. 

 
  

 
 
 

 

 

is granted as follows:    
 

ORDER 

The application of xxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his military record 

 

 
 

 

 
 

The  Coast  Guard  shall  correct  his  reenlistment  contract  dated  June  1,  2010,  and  other 
military records to show that he sold his accrued, unused leave, provided that the sale of leave 
shall not exceed the 60-day career maximum under 37 U.S.C. § 37(b) and shall not leave him 
with a 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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 Andrew D. Cannady 

 
 Dorothy J. Ulmer 

 
 
 

 

 
 Nancy L. Friedman