DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2012-039 
 
Xxxxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxxxxx 
   

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 December 8, 2011, 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  3,  2012,  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 has signed a second 
indefinite  reenlistment  contract  and  sold  60  days  of  leave.1    The  applicant  stated  that  when  he 
signed his indefinite reenlistment contract in March 2009, he “decided not to sell any leave since 
my balance was 73.5 days,” and he hoped to be able to use leave sufficiently frequently not to 
lose leave at the end of each fiscal year.2  However, as the officer in charge (OIC) of a cutter dur-
ing two successive tours of duty, he was unable to take much leave because of operational com-
mitments.    When  he  transferred  from  one  cutter,  stationed  in  xxxxxxxxx,  to  the  second  cutter, 
stationed in xxxxxxxxx, in April 2011, he was authorized only ten days to make the transfer and 
could  not  take  leave.    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.  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.”   

 

 

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 of leave that I will be allowed to carry over on October 1, 
2012, in accordance with ALCOAST 519/11.”   

 
The applicant stated that under ALCOAST 307/08, members serving on indefinite reen-
listment contracts were allowed a one-time opportunity to reenlist to sell leave,3 and he asked to 
receive the same opportunity because he was “in danger of losing over 30 days of leave on Octo-
ber 1, 2012.”  In support of his allegations, the applicant submitted a personnel database print-out 
titled  “View  Paycheck,”  which  shows  that  he  accrues  2.5  days  of  leave  per  month  and,  as  of 
November 1, 2011, he had 116.5 days of accrued leave. 
 

VIEWS OF THE COAST GUARD 

 
On February 16, 2012, 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). 

 
PSC  stated  that  the  record  shows  that  the  applicant  knew  he  could  sell  leave  when  he 
reenlisted in 2009 but chose not to do so.  PSC stated that ALCOAST 307/08 allowed a member 
to sign a second indefinite reenlistment contracts in order to sell leave only if the first one was 
signed  before  September  1,  2008.    PSC  noted  that  the  limitation  in  ALCOAST  307/08  now 
appears  in  Article  2.A.20.a.  of  COMDTINST  M1000.8,  which  states  that  “[m]embers  who 

                                                                                                                                                             
2 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. 
3 ALCOAST 307/08, which became effective on September 1, 2008, states the following in pertinent part: 

1.  In order to afford our members serving on indefinite reenlistment contracts the opportunity  to 
sell leave prior to separation or retirement, the following change is effective immediately and will 
be reflected in a future change to [the Personnel Manual]. 

2.  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.  Those members who desire to enter into a new indefinite contract should 
contact their unit YN and submit a Career Intentions Worksheet (CG-PSC-2045) indicating their 
desire to reenlist and the number of days of leave they desire to sell. 

●   ●   ● 

5.    It  is  important  for  members  to  understand  that  if  they  were  already  in  an  indefinite 
reenlistment, and cancel that  contract to  sell leave, they  will return to an indefinite reenlistment.  
CGPC  (epm-2)  remains  the  cancellation  authority  for  all  other  issues  related  to  enlistment 
contracts. 
6.  Effective 1 SEP 2008, members who have 10 or more years of active service will be allowed to 
reenlist for periods of three years, four years, five years, six years or for an indefinite period up to 
their 30-year active duty anniversary date.  Members reenlisting for an indefinite period on or after 
1 SEP 2008 cannot reenlist again later in their career for the purpose of selling leave.  Paragraph 2 
(above)  applies  to  members  who  entered  into  indefinite  reenlistment  contracts  prior  to  1  SEP 
2008. 
7.    Guidance  to  servicing  personnel  offices  processing  new  indefinite  reenlistment  transactions 
will be provided by PSC via e-mail ALSPO. 

 

 

entered  into  an  indefinite  reenlistment  contract  before  1  September  2008  may  enter  into  a  new 
indefinite reenlistment contract one time for the purpose of selling leave.”   

 
PSC concluded that because the applicant chose not to sell leave when he reenlisted for 
an  indefinite  period,  he  may  now  only  sell  leave  when  he  is  separated  or  retired  and  that  the 
applicant has “failed to substantiate any error or injustice with regards to his record.”   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
Guard and invited him to respond within 30 days.  No response was received.   

On  February  23,  2012,  the  Chair  sent  the  applicant  a  copy  of  the  views  of  the  Coast 

 

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: 
 
 
tion was timely. 
 

1. 

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

2. 

 The applicant alleged that his operational commitments as the OIC of two cutters 
on  successive  tours  of  duty  have  prevented  him  from  using  leave  with  sufficient  frequency  to 
avoid unjustly losing a significant amount of leave at the start of the new fiscal year on October 
1, 2012.  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.4  Absent evidence to the contrary, the Board presumes that Coast Guard officials and 
other  Government  employees  have  carried  out  their  duties  “correctly,  lawfully,  and  in  good 
faith.”5  
 
 
In ALCOAST 307/08, the Coast Guard provided a one-time opportunity for mem-
bers  who  had  signed  indefinite  reenlistment  contracts  before  September  2008  (without  being 
expressly advised that it would be their last opportunity to sell leave before they retired) to sign a 
new  indefinite  reenlistment  contract  to  sell  leave.    Members  who  have  reenlisted  indefinitely 
since September 2008 do not have this opportunity because the Career Intentions Worksheet they 
complete when reenlisting informs them that it will be their last opportunity to sell leave before 
retirement.6  The applicant has acknowledged that he was advised about the opportunity to sell 
leave  in  2009  but  chose  not  to  do  so  based  upon  the  hope  that  he  would  be  able  to  use  ample 
leave in the future.   
 

3. 

                                                 
4 33 C.F.R. § 52.24(b). 
5 Arens v. United States, 969 F.2d 1034, 1037 (Fed. Cir. 1992); Sanders v. United States, 594 F.2d 804, 813 (Ct. Cl. 
1979). 
6 CG-2045 (Rev. 06/08), Career Intentions Worksheet (“If you are entering into an indefinite reenlistment this will 
be the last opportunity to sell leave before you retire or are discharged.”). 

 

 

4. 

5. 

The applicant accumulates 2.5 days of leave per month, or 30 days per year, and 
so  must  use  approximately  that  much  to  avoid  losing  leave  since  he  apparently  had  already 
accumulated  73.5  days  of  leave  when  he  reenlisted  indefinitely  in  March  2009.    The  applicant 
alleged  that  as  the  OIC  of  two  cutters  since  2009  he  has  had  insufficient  opportunity  to  use 
enough leave not to lose leave at the end of this fiscal  year pursuant to Chapter 5.D.2.1. of the 
Personnel and Pay Procedures Manual.  However, the applicant submitted insufficient evidence 
or information to show that his decision not to sell leave in 2009 was sound based on operational 
commitments and his  accumulation of leave during prior assignments or  to  show that he  could 
not reasonably have taken approximately 30 days of leave in fiscal years 2010 and 2011.  Under 
the Board’s rules, the applicant bears the burden of showing that his leave record is erroneous or 
that  he  has  been  unjustly  deprived  of  the  opportunity  to  use  leave,  and  he  has  not  carried  this 
burden. 
 
 
 

Accordingly, relief should be denied. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

 
  

 
 
 

 

 

 

 

The application of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, for correction of his military 

ORDER 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 
 
 Troy D. Byers 

 

 

 
 Francis H. Esposito 

 

 

 
 Donna A. Lewis 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 
 

record is denied.