2. The applicant requests, in effect, correction of his military records by reinstating 14 days of leave that he lost at the end of Fiscal Year 1996.

3.  A memorandum, dated 21 May 1996, announced the retirement of the applicant effective 1 December 1996, in the rank of sergeant first class.

4.  A DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) indicates that a flag was initiated effective 24 July 1996 on the applicant for an adverse action.

5.  A DA Form 4856 (General Counseling Form) indicates that the applicant was counseled that he was suspended from his first sergeant duties pending an Army Regulation 15-6 investigation concerning accusations of sexual harassment, and that he was ordered not sign out on leave until officially notified.

6.  An undated DA Form 31 (Request and Authority for Leave) indicates that the applicant’s request for transition leave from 16 September 1996 to 30 November 1996 was approved.

7.  A DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement) for the period 
1-30 September 1996 indicates that his Leave Credit Balance was 74 days, and that his Leave Use Lose was 14 days.

8.  The (U.S. Total Army Personnel Command (PERSCOM), in a comment to the Board, advised, in effect, that, by law, soldiers are authorized to carry forward up to 60 days of leave at the end of each Fiscal Year; that any accrued leave that exceeds 60 days at the end of the Fiscal Year is lost; that the only exception to the law is when assigned to a hostile fire/imminent danger area or affiliated with a mobilization or contingency operation, then the soldier may carry forward 90 days of leave at the end of the Fiscal Year; that a review of the circumstances surrounding the applicant’s situation indicates the loss of 14 days of leave was due to no fault of the soldier; that he was flagged on 24 July 1996 pending an investigation, and was unable to take leave; and that he had requested transition leave from 16 September 1996 through 30 November 1996 which would have exhausted all leave in excess of 60 days at the end of the Fiscal Year.  Approval of his request was recommended.
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3.  

4.  

5.  






CONCLUSIONS:

1.

2.

3.

Therefore, the Board concludes that it would be unjust not to reinstate the 10 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 10 days of leave to the individual concerned that she 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