2. The applicant requests that his records be corrected so as to allow him to cash in his accrued leave in conjunction with his last reenlistment.
3. The applicant states that his reenlistment NCO approached him regarding reenlistment and he (the applicant) informed him that he was going to wait to reenlist because he wanted to cash in his leave. He goes on to state that the reenlistment NCO informed him that although he had extended his previous reenlistment, he could still cash in his leave if he reenlisted. However, after he reenlisted on the advice of the reenlistment NCO, he was informed by Defense Finance and Accounting Service (DFAS) officials that because he reenlisted before his extension took effect, he could not cash in his leave. In support of his application he submits a statement from the installation retention officer.
4. The applicants military records show that he enlisted on 17 September 1986 for a period of 3 years. He reenlisted for a period of 3 years on 17 March 1989 and again on 7 August 1991. On 18 May 1994, while serving in the pay grade of E-5 in Hawaii, he extended his reenlistment for a period of 5 months in order to meet the service remaining requirement for a permanent change of station to CONUS. The 5-month extension changed his expiration of term of service (ETS) from 6 August 1995 to 6 January 1996. Additionally, he indicated on his Request for Regular Army Reenlistment or Extension (DA Form 3340-R) that he desired to cash in his accrued leave. He was promoted to the pay grade of E-6 on 1 June 1994.
5. On 15 June 1995, the applicant reenlisted for a period of 4 years.
6. The statement from the installation retention officer indicates that the applicant was approached by the unit retention NCO and was given incorrect information regarding his entitlement to cash in his leave.
7. In the processing of this case, an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) which opined that the applicant had requested to cash in leave and that his records should be corrected to allow him to do so.
8. Army Regulation 601-280 prescribes the criteria for the Total Army Retention Program. It states, in pertinent part, that soldiers who desire to cash in accrued leave in conjunction with reenlistment may not do so unless they are within 3 months or less of their scheduled ETS. Additionally, soldiers may only cash in 60 days of accrued leave during their career.
CONCLUSIONS:
1. At the time the applicant requested an extension of his 7 August 1991 reenlistment, he was within 9 months of his scheduled ETS. Although he requested to cash in his accrued leave, it is apparent that he was ineligible to do so based on his not being within 3 months of his ETS.
2. It appears that the applicant was misinformed as to his being able to cash in his accrued leave when he reenlisted, which resulted in his being denied a benefit that he otherwise would have been able to attain had he not been so misinformed.
3. Consequently, it would be appropriate in this case to void the 18 May 1994 extension for a period of 5 months so as to allow the applicant to cash in his accrued leave based on his 15 June 1995 reenlistment which occurred within 3 months of his original ETS of 6 August 1995.
4. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by voiding the 5-month extension of service dated 18 May 1994 pertaining to the individual concerned and by showing that he was entitled to cash in his accrued leave in conjunction with his reenlistment of 15 June 1995 provided it does not exceed his total career entitlements allowed by law.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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