| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Charles Gainor | Member | |
| Mr. Joe R. Schroeder | Member |
2. The applicant requests that his records be corrected to allow transfer of his accrued Army leave to his current US Air Force (USAF) service.
3. The applicant states the Department of Defense (DOD) Financial Management Regulation (FMR), DOD 7000.14-R, volume 7A, Chapter 35, pages 1, 14-15, and table 35-3, makes it clear that his accrued leave must be carried forward and cannot be sold because he did not have a break in service (sic). He indicates that had he been able to sell his leave as originally indicated on his DD Form 214 (Certificate of Release or Discharge from Active Duty) he could have avoided a substantial debt burden. He also states he now wants the accrued leave transferred to his new branch of service.
4. During the period 10 July 1997 through 25 July 2000 (3 years and 16 days), the applicant served in the Regular Army and was honorably separated in pay grade E-5, based on his acceptance of a commission or warrant in another service. He was authorized 18 days of transition leave and departed Germany on 8 July 2000. His Separation code is KGN (Accept Commission or Warrant in Another Service). His DD Form 214 shows he was awarded the Army Achievement Medal (2), the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon and the Overseas Service Ribbon. His DD Form 214 (Item 16) also showed “Days Accrued Leave Paid”, to indicate he was paid for the accrued leave.
5. On 25 July 2000, a DFAS-DE Form 0-641 (Statement of Military Pay Account) indicated he had 35.5 days of accrued leave. This form also indicated he was “not authorized to sell leave. Leave balance should be transferred to new service.”
6. On 28 July 2000, the applicant was appointed as a first lieutenant in the USAF Reserve. He was ordered to extended active duty on 27 August 2000.
7. On 4 April 2001, Defense Finance and Accounting Service (DFAS), Denver Center advised the applicant that he was indebted in the amount of $2,262.28 and that they were unable to “sell” his accrued leave and that the USAF could not pick up the 36 days accrued leave. He was provided an application form to request a DD Form 215 (Correction to Certificate of Release or Discharge from Active Duty) changing/correcting his Separation Code from this Board.
8. This Board operates under the standard of presumption of regularity in governmental affairs. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.
9. The DOD FMR indicates, in pertinent part, that an enlisted member who has been on active duty for 30 or more consecutive days and is discharged for the purpose of accepting a commission in any Uniformed Service and immediately reenters on active duty, is not entitled to payment of accrued leave. It also shows that upon a break in active service, accrued leave may not be brought forward to a new record of service.
CONCLUSIONS:
1. The evidence of record shows that the applicant has a break in service from 26 July through 27 August 2000. Based on the DOD FMR under these circumstances, he was not entitled to have his accrued leave brought forward to his new service.
2. Under the same authority, accrued leave is not payable because he was discharged for the purpose of accepting the commission.
3. The Board has determined that no error has been committed, however, to deprive a soldier of an earned entitlement is unjust and his earned accrued leave should be paid to him effective the date of his discharge from the Army (25 July 2000) as an exception to the DOD FMR. It would be unconscionable to do otherwise. Payment for his accrued leave was initially indicated on his DD Form 214 upon his discharge, and the break in service clearly precludes carrying the leave forward.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned is entitled to payment for his earned accrued leave at the time of his discharge (25 July 2000).
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__cg_____ _jrs______ __lls___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Luther L. Santiful
______________________
CHAIRPERSON
| CASE ID | AR2001058195 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011010 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 121.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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