2. The applicant requests, in effect, correction of her military records by reinstating 10 days of leave that she lost at the end of Fiscal Year 1994.
3. On 15 September 1994, the applicants former unit forwarded a request to their finance battalion for authorization to carry forward over 60 days due to possible deployment for the applicant and other soldiers. (Note: Apparently, no action was taken on that request.)
4. On 26 January 1996, the applicant submitted a request that 10 days leave be reinstated to her. She indicated that she was approved for leave from 4 through 21 September 1994 when her unit was alerted for deployment to Haiti; that she was recalled from leave on 10 September 1994; and that the unit notification for Haiti prohibited her from completing her leave which placed her over 60 days at the end of the 1994 Fiscal Year and caused her to lose 10 days leave.
5. A statement by the applicants former commander, dated 9 April 1996, indicates that the applicant was a part of the unit during Operation Uphold Democracy from 3 September 1994 through 10 April 1995; that the unit was placed on Alert for Haiti on 3 September 1994; that the applicant was notified that her leave would be terminated on 9 September 1994; that the applicants original leave dates were 4 through 21 September 1994; that the applicant signed back in off leave on 10 September 1994; that, during the period 3 September 1994 through 10 April 1995, no soldiers were allotted the time to take leave; that, during the months of May through June 1995, the unit did a change of command inventory; and that the applicant was a key individual during that time because she was the supply sergeant.
6. On 15 April 1996, the U.S. Army Training and Doctrine Command forwarded the applicants request to the U.S. Army Total Army Personnel Command (PERSCOM) recommending approval for special leave accrual. On 16 July 1996, the PERSCOM denied the request for carry over of special leave accrual for the applicant since it exceeded the 1 year statute.
The PERSCOM indicated that there were no provisions under Army policy or statute that authorizes an exception to policy for leave carry over beyond the 1 year time frame, and that the applicants only recourse was to apply to this Board.
7. The 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 applicants situation indicates the loss of 10 days of leave was due to no fault of the soldier; that the 1 year time frame authorized by statute had expired by the time the applicants request was received at the PERSCOM; that there are no provisions under Army policy or statute that authorizes an exception to policy for leave carry over beyond the 1 year time frame; and that, based on the documentation, special leave accrual was authorized, but lost due to no fault of the applicant. Approval of her request was recommended.
8. 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 Operation Uphold Democracy, and that she was precluded from taking leave during the period
10-30 September 1994.
2. The applicant could have carried over 10 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 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 applicants 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
ARMY | BCMR | CY1996 | 9606961C070209
Approval of his request was recommended. 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. The applicant could have carried over 10 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606964C070209
Approval of his request was recommended. 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. The applicant could have carried over 10.5 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606963C070209
Approval of his request was recommended. 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. 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.
ARMY | BCMR | CY1996 | 9606960C070209
Approval of his request was recommended. 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. The applicant could have carried over 11 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606962C070209
Approval of his request was recommended. 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. The applicant could have carried over 5 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606957C070209
Approval of his request was recommended. 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. The applicant could have carried over 9 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606958C070209
Approval of his request was recommended. 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. 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.
ARMY | BCMR | CY1996 | 9606965C070209
Approval of his request was recommended. 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. The applicant could have carried over 12.5 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606956C070209
Approval of his request was recommended. 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. The applicant could have carried over 8.0 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606959C070209
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. The applicant could have carried over 9.5 days of leave as authorized special leave if Departmental personnel had timely...