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Decision Text

ARMY | BCMR | CY2003 | 03098773C070212
Original file (03098773C070212.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 JULY 2004
      DOCKET NUMBER:  AR2003098773


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Roger Able                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. Marla Troup                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that information pertaining to
payment of 26.5 days of unused leave at the time of his 1984 separation
from active duty be deleted from that separation document.

2.  The applicant states, in effect, that he was not paid for 26.5 days of
unused leave at the time of his separation from the Army in 1984 and that
it is now affecting his entitlement to be paid for unused leave upon his
retirement from the Navy.  He states that he was not aware of the error and
did not receive “money for leave sold back.”

3.  The applicant provides a copy of his 1984 separation document and
copies of his 2003 separation document from the Navy.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty with the Army on 27 January 1981 and served continuously until
he was released from active duty on 26 January 1984 at the conclusion of
his enlistment contract.

2.  According to a 26 January 1984 Military Pay Voucher, provided by
officials from the Defense Finance and Accounting Services-Indianapolis,
the applicant was paid for 7.5 days of accrued leave on 26 January 1984 as
part of his separation processing, and not the 26.5 days reflected on his
1984 separation document (item 17).  The receipt of payment for the 7.5
days, vice 26.5 days, was confirmed in an advisory opinion provided by DFAS
during the processing of this case.  The applicant was provided a copy of
the advisory opinion for comment, but did not respond.

3.  In March 1986 the applicant entered active duty with the Navy and
served continuously until his retirement for length of service in June
2003.  His June 2003 Leave and Earn Statement continued to reflect the
previous erroneous payment for 26.5 days of unused leave.

DISCUSSION AND CONCLUSIONS:

The evidence confirms that the applicant was actually paid for 7.5 days of
unused leave at the time of his 1984 separation from the Army and not the
26.5 days recorded in item 17 of his separation document.  As such, it
would be appropriate to correct his separation document accordingly.

BOARD VOTE:

___RA __  ___JA___  ____MT _  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing in item 17 of his 1984 separation document that he was paid for 7.5
days of unused leave, vice 26.5 days.



            ______Roger Able__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003098773                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040715                                |
|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.       |121.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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