MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2002065885


         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Ms. Regan K. Smith		Member
Mr. Arthur A. Omartian		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his leave and permanent change of station (PCS) forms be corrected to cancel his debt.

APPLICANT STATES: That he did not take leave from 21 June to 31 August 1994 (72 days). His leave began on 21 June and terminated on 17 August 1994 (58 days). He had 20 days of PCS leave due to his retirement, and had 11 days of leave taken by Defense Finance and Accounting Service (DFAS) for no reason. He took leave from 18 January to 22 January 1994 (5 days); however, was charged 5.5 days of leave. He was informed that he had a total of 63 days of accrued leave in August 1994; however, he took leave from 21 June to 31 August (72 days). DFAS now has no record of his PCS or charged leave form. He was granted 20 days of PCS leave by his command; however, he has no record of it. He is now paying $196.00 dollars monthly which is an injustice to his family. He is unable to work at this time and needs all the assistance he can get to correct his debt. In support of his application, he submits copies of his leave and earning statements (LES) from January 1993 to August 1994, two computer generated DFAS-DE-Form 0-641 (Statement of Military Pay Account), and one computer generated DFAS-DE-Form 0-642 (Statement of Military Leave Account).

EVIDENCE OF RECORD: The applicant's military records show he enlisted on 27 August 1974, as a unit supply specialist and continued to serve through a series of continuous reenlistments.

The applicant’s records contain a copy of a DA Form 4187 (Personnel Action), dated 13 September 1993. This form shows that the applicant requested for voluntary retirement to become effective 31 August 1994, and requested
70 days of transition leave beginning 22 June to 31 August 1994 (actually
71 days). His request was approved on 3 November 1993.

The applicant’s May 1994 LES, prior to his departure on transition leave, shows that he had a balance of 55.5 days of accrued leave and a balance at his expiration of term of service (ETS) of 71.0 days.

The applicant provided a copy of his Statement of Military Leave Account, dated 31 August 1994, which shows that he was charged 72 days of leave from
21 June 1994 to 31 August 1994.

The applicant provided a copy of his Statement of Military Pay Account, dated 31 August 1994, which shows that he was paid 10 days of excess leave and was over paid in the amount of $872.67.

The applicant was retired for length of service on 31 August 1994, with 20 years, and 4 days of Active Federal Service and was placed on the Army of the United States Retired List on 1 September 1994, in the pay grade of E-5/SGT.
The applicant’s records contain a copy of a letter from the Fiscal Quality Specialist, DFAS, dated 18 July 1999. DFAS stated that his debt had been and would remain a valid debt to the Department of Defense (DOD). Attached were a computation of pay and allowances due to him at discharge on 31 August 1994.
His debt was a direct result of excess leave. The letter stated that his August 1994 leave and earnings statement showed a leave balance of 63.0 days. He took leave from 21 June to 31 August 1994 for a total of 72.0 days. He lost 1.0 day of accrued leave when his account went into an excess status. A collection for 10.0 days pay and allowances was entered on his master military pay account after his separation from service.

The applicant’s records contain a copy of a letter from the Fiscal Quality Specialist, Directorate of Debt and Claims Management, DFAS, dated 31 January 2000. DFAS stated that the applicant’s account was reexamined and determined that his principal debt balance of $872.67 was valid. His debt was due to a collection of pay and allowances for 10.0 days excess leave. It also stated that if the applicant had documents showing that he did not use the leave on the DFAS-DE Form 0-642 (Statement of Military Leave Account) or leave documents showing different leave periods, to submit them to their office for review. Upon receipt of documents his account would be reexamined and adjusted accordingly.

Army Regulation 600-8-10 (Leave and Passes) covers leave and pass programs.
It prescribes polices, operating tasks, and steps governing military personnel absences. Paragraph 4-21, transition leave (formerly called terminal leave) is a chargeable leave granted together with transition from Service, including retirement. Leave will not be granted if it exceeds that accrued or to be accrued between the date of approval and date of transition. It does not provide a soldier additional accrued leave. It only allows a soldier to use accrued leave in greater quantity at the time of transition from the Army than might otherwise be granted.
It also stated that soldiers could sell or cash in no more than 60 days of leave during their military career.

Paragraph 5-2 of the same regulation pertains to excess leave. It states, in pertinent part, that excess leave may be granted in emergencies or unusual circumstances. The aggregate of all leave granted normally will not exceeded 60 days for any one period of absence. The aggregate of leave granted includes accrued plus advance (to include the unaccrued portion of advance leave
previously granted) plus excess leave and that excess leave will be granted only upon request of the soldier. It also stated that the request must contain a statement which ensures soldiers are aware that periods of excess leave are without pay and allowances, and that no leave accrues to soldiers during periods of excess leave.

Paragraph 5-35 of the same regulation pertains to request for Permissive Temporary Duty (PTDY). It states, in pertinent part, that soldiers with an approved voluntary retirement are authorized 10 days transition PTDY and may be authorized an additional 10 days up to a total of 20 days if approved, which is nonchargeable. PTDY allows soldiers time off without costing them regular leave to job hunt, and or other activities to facilitate relocation upon separation.
PTDY is an “authorization” not an “entitlement” and is requested separately on a DA Form 31 (Request and Authority for Leave). Installation or equivalent commanders are the approval authority and may be further delegated to company commanders and other leave approving authorities. All or part of authorized PTDY may be denied if approval would interfere with military mission accomplishment.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board notes the applicant’s contentions that his leave and PCS form should correct his debt and that he was granted 20 days of PCS leave due to retirement, which was left up to his command. However, there are no leave or PCS forms in the available records, and the applicant has provided no evidence to show the he was granted 20 days of PCS leave by his command. Regulations in effect failed to show that soldiers were authorized PCS leave prior to retirement.

2. The applicant was not entitled but authorized 10 days of PTDY and an additional 10 days for a total of 20 days if approved, which was nonchargeable. This request is approved by the appropriate approving authorities and is requested separately. However, there is no evidence in the available records to show that he requested PTDY prior to his transition leave.

3. The evidence of record shows that he requested 71 days of transition leave from 22 June to 31 August 1994 and was charged with 72 days of leave from 21 June to 31 August 1994. The evidence also shows that he had a total of
55.5 days of accrued leave prior to departing on transition leave and accrued an additional 2.5 days during the month of June, July, and August 1994 for a combined total of 63 days, which is shown on his LES for the month of August 1994.






4. The Board notes that in accordance with regulation, transition leave does not provide any additional accrued leave for a soldier. It simply authorizes a soldier to use already accrued leave and leave that may be accrued prior to transition from the Active Army. The applicant had accrued 63 days of leave at the date of his release from active duty and used 72 days of leave as stated on his Statement of Military Leave Account, and incurred a debt of 10 days of excess leave.

5. The applicant’s Statement of Military Pay Account clearly shows that he was paid 10 days of excess leave and was over paid in the amount of $872.67. His excess leave was the direct cause of his debt that was determined to be valid by DFAS to DOD.

6. Based on the foregoing, the applicant has not convinced the Board that collection of his debt is unjust or that the debt should otherwise not be collected.

7. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

8. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__jp___ ___rs____ ___ao_____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002025885
SUFFIX
RECON
DATE BOARDED	20020604
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19940831
DISCHARGE AUTHORITY	AR 635-200, chapter 12
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 293
2.
3.
4.
5.
6.