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Decision Text

ARMY | BCMR | CY2003 | 2003089557C070403
Original file (2003089557C070403.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 January 2004
         DOCKET NUMBER: AR2003089557


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Lana E. McGlynn Chairperson
Mr. Roger W. Able Member
Mr. Patrick H. McGann 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 that he be paid for approximately 53 days of leave.

2. The applicant states that he was not paid his full leave balance upon separation from the Army.

3. The applicant did not provide any documents in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant initially served in the U.S. Navy from 7 June 1989 through 4 June 1993. His DD Form 214 (Certificate of Release or Discharge from Active Duty) with an ending date of 4 June 1993 shows he was paid 50.0 days of accrued leave. He served in the Army National Guard from 5 July 1993 through 4 July 1996.

2. The applicant enlisted in the Regular Army on 24 August 1999 and served on active duty until being discharged on 16 August 2002. His DD Form 214 with an ending date of 16 August 2002 shows he was paid 10.0 days of accrued leave.

3. The applicant's Leave and Earnings Statement for the period 1 through 30 September 2002 shows he was paid 60.0 days of leave.

4. Army Regulation 600-8-10 (Leaves and Passes) provides the policies and mandated operating tasks for the leave and pass function of the Military Personnel System. Paragraph 2-4b states that payment of accrued leave is limited to 60 days during a military career, unless earned in a missing status or under subparagraphs d and e (special leave accrual).

DISCUSSION AND CONCLUSIONS :

1. The evidence of record shows the applicant was paid 50.0 days of accrued during his service in the U.S. Navy.

2. The applicant's DD Form 214 which covers his service in the Regular Army shows he was paid 10.0 days of accrued leave.

3. By law, the applicant is limited to payment of 60 days accrued leave during a military career. He was paid for the maximum amount of 60 days during his career.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

LEM _____ RWA _____ PHM _____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




                  Lana E. McGlynn _______
                  CHAIRPERSON


INDEX

CASE ID AR2003089557
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040113
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 121.0000
2.
3.
4.
5.
6.


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