2. The applicant requests, in effect, correction of his military records by reinstating 12 days of leave that he lost at the end of Fiscal Year 1995.
3. The applicant states, in effect, that he is entitled to the 12 leave days that were not reinstated prior to his leaving active duty on 1 March 1996. He was told before he was deployed to Albania that his leave days would not be taken away because of the deployment. He contacted his battalion command sergeant major and the inspector general, but his paperwork was never forwarded to the Department of the Army or the U.S. Total Army Personnel Command (PERSCOM).
4. A statement, dated 7 February 1996, indicates that the applicant was notified on 12 June 1995 of his deployment in support of Joint Task Force Provide Promise, Naples, Italy, and Operation Deny Flight, with duty in Albania; that he was deployed on 18 June 1995 and did not return to his homestation until 7 November 1995; and that, due to the short notification of pending deployment, he could not take his accrued leave and therefore was charged with lost leave at the beginning of the fiscal year.
5. An undated 1st Endorsement from the applicants battalion commander to the PERSCOM recommends approval of special leave accrual for the applicant.
6. The applicants military leave and earnings statement ending 30 September 1995 shows that he had no leave lost. His military leave and earnings statement ending 31 October 1995 shows that he had 12 days leave lost.
7. A staff member of the Board was informally advised by the authorities at the PERSCOM that they have no record of receiving the applicants case from his command; that a soldier who was deployed for Joint Task Force Provide Promise and Operation Deny Flight would have had 1 year or until the end of Fiscal Year 1996 to use the special leave accrual; that the special leave is for use only and not for payment; and, that there is a special provision in the Department of Defense (DOD) Financial Management Regulation that provides that, effective 5 December 1991, members of
Reserve Components . . . who serve on active duty in support of a contingency operation may be paid for more than 60 days unused leave.
8. Army Regulation 600-8-10, at paragraph 2-4, provides, in pertinent part, that payment of accrued leave is made per section 501b, title 37, U.S. Code, for leave earned by a soldier of a Reserve Component . . . while serving on active duty in support of a contingency operation. By law, payment of accrued leave is limited to 60 days one time during a military career, unless earned under this paragraph.
9. Army Regulation 600-8-10, at chapter 3, provides, in pertinent part, that 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. Leave accrual in excess of 60 days is credited only for use, not for payment.
10. The DOD Financial Management Regulation, at chapter 35, provides, in pertinent part, that a member who is discharged under honorable conditions is entitled to payment of unused accrued leave unless the member continues on active duty under conditions which require accrued leave to be carried forward. . . Effective 5 December 1991, members of Reserve Components . . . who serve on active duty in support of a contingency operation may be paid for more than 60 days unused leave.
CONCLUSIONS:
1. The evidence of record indicates that the applicant was deployed in support of Joint Task Force Provide Promise and Operation Deny Flight, and that he was precluded from taking leave prior to the end of Fiscal Year 1995.
2. The applicant could have carried over 12 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM. The Board notes that this special leave is for use only and not for payment. However, since the request for special leave was not timely submitted, there is no way that he could have used it prior to his separation. Therefore, the Board concludes that it would be unjust not to reinstate and pay the applicant the 12 days leave that he lost at the end of Fiscal Year 1995, as an exception to policy.
3. In view of the foregoing, it would be appropriate to correct the applicants military records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by reinstating and paying the individual concerned 12 days of leave that he lost at the end of Fiscal Year 1995, as an exception to policy.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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