2.  The applicant requests, in effect, correction of his military records by reinstating 2 days of leave that he lost at the end of Fiscal Year 1994.

3.  On 24 April 1995, Headquarters, 82d Airborne Division, Fort Bragg, North Carolina, forwarded a request to the U.S. Total Army Personnel Command (PERSCOM) requesting special leave accrual be approved for the applicant under paragraph 3-2c, Army Regulation 600-8-10.  The request indicated that the applicant was erroneously left off their original request, dated 30 November 1994, due to late submission or errors.

4.  Also, the request indicated, in effect, that the applicant’s command was notified of the deployment requirements on 10 September 1994; that the unclassified name of the requirements was “Uphold Democracy;” that a classified contingency requirement developed due to the need to defend national security interests; that the nature of the requirement included preparation for a deployment to Haiti for the purpose of conducting forced entry operations to restore democracy; that the division soldiers were notified of deployment requirements on 10 September 1994 and began preparation for deployment; that the applicant was able to take leave during the year; however, he was precluded from taking leave during deployment preparation (10-22 September 1994) due to staging of equipment and weapons; and he was precluded from taking leave after the mission recall (23-30 September 1994) due to equipment redeployment and accountability processing.

5.  The PERSCOM, in a comment to the Board, advised, in effect, that, by law, soldiers are authorized to carry forward a maximum of 90 days of leave at the end of a Fiscal Year when assigned to a hostile fire/imminent danger area or affiliated with a mobilization or contingency operation.  Soldiers’ who are affiliated with a mobilization or contingency operation, and are not physically deployed, are authorized special leave carry over for a 1 year period.  However, the time frame authorized by law for this soldier has expired.  A review of the documentation provided confirms that the applicant was in direct support of operational mission “Uphold Democracy,” and was precluded from taking leave during deployment preparation 
(10-30 September 1994).  The PERSCOM opines that the applicant’s request should have been approved and afforded the opportunity to carry over leave in excess of 60 days due to his involvement with the ongoing operation.  Approval of his request was recommended.

6.  Army Regulation 600-8-10, at paragraph 3-2, provides that soldiers assigned to a designated deployable ship, designated mobile unit, or other similar prescribed duty may be authorized special leave accrual if operational requirements prevented use of leave.  Soldiers prevented from using leave through the end of the Fiscal Year because of deployment may qualify for special leave accrual.  Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment.

CONCLUSIONS:

1.  The evidence of record indicates that the applicant was in direct support of operational mission “Uphold Democracy,” and that he was precluded from taking leave during the period 10-30 September 1994 because of deployment preparation due to staging of equipment and weapons and after the mission recall due to equipment redeployment and accountability processing.

2.  The applicant could have carried over 2 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.  Therefore, the Board concludes that it would be unjust not to reinstate the 2 days leave that the applicant lost at the end of Fiscal Year 1994, as an exception to policy.



3.  In view of the foregoing, it would be appropriate to correct the applicant’s military records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by reinstating 2 days of leave to the individual concerned that he lost at the end of Fiscal Year 1994, as an exception to policy.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON