| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Gail J. Wire | Chairperson | |
| Ms. Karen A. Heinz | Member | |
| Mr. Robert L. Duecaster | Member |
2. The applicant requests reimbursement for 30 days of leave that he lost in fiscal year 2002.
3. The applicant states that he was not able to take leave during the year due to numerous medical appointments and medical board proceedings; consequently, he lost 30 days of leave.
4. The applicant is a career enlisted soldier assigned to Fort Stewart. His leave and earning statement for the period 1-31 October 2002 shows that he lost 30 days of leave, as he has stated. That statement also shows a combat zone leave carryover balance of 80 days. It indicates that the applicant has previously been paid for 60 days of unused leave.
5. On 7 October 2002 the Physical Disability Agency informed the Army Medical Center at Fort Gordon, Georgia, that the findings of the Physical Evaluation Board (PEB) which convened at Fort Sam Houston on 16 September 2002, were approved. The applicant was determined fit for active duty.
6. On 4 November 2002 the applicant's commanding officer requested that special leave accrual be approved for the applicant as well as reimbursement of the 30 days' leave that he lost. He stated that the applicant was precluded from taking leave during the year because of continuous medical appointments while pending a medical board. He stated that the applicant lost 30 days of leave at the end of the fiscal year.
7. In response to that request, Forces Command stated that it did not have the authority to grant the requested relief, in that illness or hospitalization did not fall within approval criteria for special leave accrual. That command stated that the applicant could apply to this Board for relief.
8. In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command. That command recommended that the applicant's request be disapproved, stating that he had failed to provide documentation to confirm his status during the physical evaluation period, and failed to show that a request for leave had been denied.
9. In response to the advisory opinion, the applicant stated that during that time (FY02) Patient Affairs personnel informed him that he would not be able to take leave due to the numerous appointments they had him scheduled for. He stated that the doctors and Medical Evaluation Board (MEB) personnel informed his commander about his medical appointments; and, his commander informed him that he would not authorize him to take leave. He also stated that his commander informed him that if he did lose leave, he would ensure that he got his leave back. The Rear Detachment Commander provided a 28 May 2003 memorandum corroborating the applicant's statements.
10. Army Regulation 600-8-10 prescribes the policies concerning leave and passes, and states in pertinent part that except when authorized special leave accrual, soldiers may accrue and carry forward up to 60 days leave at the end of each fiscal year. Accrued leave that exceeds 60 days at the end of the fiscal year is lost. Special leave accrual is authorized soldiers who served in an area in which he or she was entitled to hostile fire or imminent danger pay for at least 120 days. Special leave accrual authorizes soldiers to carry forward up to 90 days of leave at the end of a fiscal year. By law, payment of accrued leave is limited to 60 days one time during a military career, unless earned in a missing status or while serving on active duty in support of contingency operations.
CONCLUSIONS:
1. Notwithstanding the advisory opinion, it appears that the applicant was precluded from taking leave during fiscal year 2002. He lost 30 days of leave through no fault of his own.
2. Consequently, the 30 days of leave that he lost should be restored to him. His request for reimbursement of this leave cannot be granted. He has been paid for 60 days of leave, the maximum number of days allowed by law.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That the 30 days of leave that the applicant lost in fiscal year 2002 be restored to him.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__GJW__ ___KAH _ __RLD__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
______Gail J. Wire_______
CHAIRPERSON
| CASE ID | AR2003083657 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030731 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 121.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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