| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Raymond V. O’Connor, Jr. | Member | |
| Ms. Eloise C. Prendergast | Member |
2. The applicant requests that his report of separation (DD Form 214) be corrected to reflect in block 16 (Days Accrued Leave Paid) that he was paid for .5 days of accrued leave instead of 63.5 days.
3. The applicant states, in effect, that his DD Form 214 incorrectly shows that he was paid for 63.5 days of accrued leave when in fact, he took 63 days of terminal leave and was paid for .5 days. In support of his application he submits a copy of his final leave and earnings statement (LES), his transition worksheet, his Request and Authority for Leave (DA Form 31) and his Accrued Leave Payment Statement (DFAS-IN-KQ Form 11).
4. The applicant’s military records show that he enlisted in the Regular Army on 28 August 1996 for a period of 4 years, training as a heavy wheeled vehicle mechanic and a cash enlistment bonus. He was promoted to the pay grade of E-5 on 3 December 1999.
5. On 19 April 2000, the applicant submitted a request for 63 days of terminal leave during the period of 26 June 2000 to 27 August 2000. He indicated that he had 63.5 days of accrued leave. His request was approved and a control number was assigned to the DA Form 31.
6. On 15 June 2000, the applicant signed his DFAS-IN-KQ Form 11, indicating that he had 63.5 days of leave as of the date of his expiration of term of service (ETS) and that he was taking 63 days of his leave prior to separation.
7. The applicant's LES for the period of 1 August through 27 August 2000 shows that the applicant was paid for .5 days of unused leave at the time of separation. Likewise, his transition worksheet also shows the same information.
8. On 27 August 2000, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 4 years of total active service and was transferred to the United States Army Reserve Control Group (Reinforcement). His DD Form 214 indicates in block 16 that he was paid for 63.5 days of accrued leave.
9. Department of Defense (DOD) Financial Management Regulation (Also known as the DOD Pay Manual) provides, in pertinent part, that beginning on 10 February 1976, a military member may not be paid for more than 60 days of accrued leave during a career. An exception to that provision was approved effective 2 August 1990, which allowed Reserve and Retired Component members who were called to active duty during the Persian Gulf Conflict to be paid for accrued leave over the 60-day limit. It also provides that accrued leave may not be paid for enlisted members who are discharged for the purpose of accepting an appointment as a warrant officer.
CONCLUSIONS:
1. Inasmuch as regulatory guidance provides that the maximum number of days leave an individual may be paid for in a career is 60 days, it is apparent that the DD Form 214 is in error.
2. The applicant has provided sufficient evidence to show that he took 63 days of transition leave prior to his REFRAD and that he was paid for the remaining half day (.5) remaining in his account. Therefore, it is apparent that an administrative error resulted in an incorrect balance being recorded on his DD Form 214
3. Accordingly, the Board finds that it would be in the interest of justice to correct his DD Form 214 (block 16) to reflect the number .5 instead of 63.5, as currently reflected.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing on the DD Form 214 dated 27 August 2000, pertaining to the individual concerned, that he was paid for .5 days of leave instead of 63.5 days, as currently indicated.
BOARD VOTE:
__ecp___ ___rvo __ __jhl ____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Joann H. Langston_____
CHAIRPERSON
| CASE ID | AR2002080141 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/03/27 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 252 | 121.0000/LV PAID |
| 2. 189 | 110.0000/CORRECT 214 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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