IN THE CASE OF:	

		BOARD DATE:	    14 January 2014

		DOCKET NUMBER:  AR20130007208 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a granting of Special Leave Accrual with recoupment of lost leave.

2.  The applicant states he was assigned as a non-medical attendant from 1燦ovember 2011 to 8 September 2012 and was acting as a primary care-giver to another wounded warrior. 

3.  The applicant provides copies of a 1st Battalion, 145th Aviation Regiment memorandum; an Officer Record Brief (ORB); 11 Leave and Earnings Statements (LESs); his separation orders; and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant, a chief warrant officer two with prior enlisted service, served on active duty from 24 June 2008 through 29 November 2012 when he was placed on the Temporary Disability Retired List (TDRL).

2.  His ORB contains no information as to the applicant's duty assignments other than that he was assigned to Fort Rucker, AL, on 23燡uly 2008 as an "Assigned Temp."

3.  The LESs for the period 1 November 2011 through 30 September 2012 all show 15 days of lost leave with 30 days of use or lose.

4.  A 12 October 2012 memorandum from the 1st Battalion, 145th Aviation Regiment commander recommended approval the applicant's request for recoupment of 30 days of lost leave.  The commander provides the following:

	a.  The applicant arrived at Fort Rucker on 24 June 2008.

	b.  He was assigned as a non-medical attendant from 1 November 2011 to 8燬eptember 2012.

	c.  He acted as the primary care-giver for another service member who was recovering from multiple combat-induced injuries.

	d.  The applicant elected to not take leave during this time in order to best support his fellow Soldier.

	e.  The commander aggressively supports the use of 30 days leave each year but the battalion failed to recognize the applicant's situation and did not prevent him from losing the leave.

5.  The applicant's electronic records do not include any evidence of why he was assigned as a non-medical attendant or what condition or conditions resulted in his placement on the TDRL.  Nor is there any information on the process of his request for restoration of his lost leave.

6.  Army Regulation 600𤾃0 (Leaves and Passes) prescribes the policies and mandated operating tasks for the leave and pass function of the Military Personnel System.  It provides that:

	a.  Commanders will establish an annual leave program to manage leave designed to provide the maximum opportunity for all Soldiers to take leave to minimize loss and payment of leave not taken.

	b.  Soldiers who build their leave balance to the maximum level risk losing their leave should a situation occur that prevents or delays leave use.

   c.  The intent of Special Leave Accrual is to provide relief to Soldiers who are not allowed leave when undergoing lengthy deployment or during periods of hostility.

   d.  Special Leave Accrual is authorized to Soldiers who served in an area in which he or she was entitled to hostile fire or imminent danger pay for at least 120 continuous days. 

	e.  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. 

   f.  Soldiers who meet all the following conditions may also qualify for special leave accrual: 
   
   (1)  Deployed for a lengthy period, normally 60 or more days;
   
   (2)  Deployed to meet a contingency operation of the United States;
   
   (3)  Deployed to enforce national policy or an international agreement based on a national emergency or in the need to defend national security;
   
   (4)  Prevented from using leave through the end of the FY because of deployment.

   g.  The criteria for Special Leave Accrual is based on law.  Therefore, exceptions are not permitted.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant is to be commended for wishing to provide a continuity of care to a fellow Soldier, his election to not take leave was a voluntary act and does not meet any of the provisions under the law for granting Special Leave Accrual.

2.  Therefore, there is no provision in law or regulation to allow for a granting of Special Leave Accrual or allow for recoupment of lost leave.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20130007208





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ABCMR Record of Proceedings (cont)                                         AR20130007208



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