| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Barr | Member |
2. The applicant requests that the ordinary leave he was charged with for the period 9 to 18 August 2000 be changed to permissive temporary duty (TDY).
3. The applicant states that although the Request and Authority for Leave, DA Form 31, submitted showed he requested permissive TDY, he was charged with ordinary leave. He provides a reconstructed DA Form 31 and a memorandum dated 6 November 2000 from his unit adjutant as supporting evidence.
4. The applicant’s military records show that he requested retirement on 27 January 2000. On 5 June 2000, he completed a DA Form 31 and requested 10 days of permissive TDY for the period 9 to 18 August 2000.
5. Records at the Defense Finance and Accounting Service (DFAS) show the applicant was charged with ordinary leave from 1 through 3 August, ordinary leave from 9 through 17 (not 18) August, ordinary leave from 28 through 29 August, and terminal leave from 2 through 30 September 2000.
6. The applicant retired on 1 October 2000.
7. The provided 6 November 2000 memorandum from his unit adjutant confirms the applicant was on permissive TDY during the period 9 to 18 August 2000 and should not have been charged with ordinary leave.
CONCLUSIONS:
1. Although the original DA Form 31 is not available, there is sufficient evidence to show the applicant requested permissive TDY, not ordinary leave, during the period 9 to 18 August 2000. For an unknown reason, DFAS charged him with ordinary leave for the period 9 through 17 August 2000. (It cannot be determined if the applicant returned on 17 or 18 August.) This may have caused him to not be paid for accrued leave upon his retirement.
2. 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 applicant was on permissive TDY during the period 9 to 18 August 2000.
2. That the applicant's finance records be adjusted to delete the charged ordinary leave during the period 9 through 17 August and, if applicable, he be paid any accrued leave due.
3. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__FNE __ __ BJE _ __WDB __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Fred N. Eichorn _
CHAIRPERSON
| CASE ID | AR2002076899 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/09/10 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | PARTIAL GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 121.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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