| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Mr. William D. Powers | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reinstatement of 18 days of leave that he lost at the end of fiscal year 2002 because of PCS (permanent change of station) training requirements.
2. The applicant states that on 16 April 2002 he received notification to attend training for the Defense Attaché program, with a reporting date of 29 April 2002 at Bolling Air Force Base. Beginning on that date, he attended language training in the Washington, D.C. area, the Defense Attaché class at Bolling, and other required training until 14 October 2002. Prior to his assignment, he had taken 14 days of leave during fiscal year 2002. He has properly managed his leave, but because of his assignment and training, he did not have an opportunity to use leave that was in excess of 60 days prior to the end of the fiscal year.
3. The applicant provides documents as indicated herein.
CONSIDERATION OF EVIDENCE:
1. On 16 April 2002, orders were published assigning the applicant to the Army Attaché Yugoslav in Belgrade, Yugoslavia with a reporting date of 16 October 2002. Those orders show that he was to be on TDY (temporary duty) from 29 April 2002 to 14 October 2002 to attend various attaché training events as directed by a Defense Intelligence Agency Training schedule.
2. With his application, the applicant submits a copy of a 10 March 2002 Defense and Army Attaché (Designate) to Serbia training schedule. That training schedule indicates that training/classes/briefings, etc., began on 29 April 2002 and continued with little interruption through 14 October 2002.
3. The applicant submits a copy of his leave and earnings statement (LES) for the period 1-31 October 2002, which shows that he had 62.5 days of accrued leave, and that he lost 18 days of leave at the end of fiscal year 2002.
4. 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.
5. In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM). The Chief, Personnel Services Branch of PERSCOM stated that a Soldier who serves on active duty for a continuous period of at least 120 days in an area in which he is entitled to receive hostile fire/imminent danger pay may carry forward up to a maximum of 90 days leave at the end of a fiscal year. That officer stated that the applicant's leave was not due to mismanagement of leave, but as a result of training requirements prior to his PCS assignment. He recommended that the applicant's leave account be reinstated with 18 days of leave.
6. The advisory opinion was furnished to the applicant for his information and possible comment. He concurred with the opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant is not entitled to special leave accrual. He was not assigned to, nor did he serve in an area in which he was entitled to hostile fire or imminent danger pay for at least 120 days, until his reporting date to the Army Attaché Yugoslav on 16 October 2002. As indicated above, he lost 18 days of leave on 30 September 2002, prior to his reporting date.
2. Nonetheless, his contention that he did not have the opportunity to reduce his balance prior to the end of the fiscal year is a reasonable premise. In this respect, he is supported by the Chief of the Personnel Services Branch at PERSCOM (Total Army Personnel Command).
3. Consequently, as a matter of equity, the 18 days of leave that he lost at the end of fiscal year 2002 should be restored to him.
BOARD VOTE:
__MKP _ __ALR __ __WDP _ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
| CASE ID | AR2003090249 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040115 |
| 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. |
ARMY | BCMR | CY2002 | 2002068017C070402
The applicant requests reinstatement of his Special Leave Accrual (SLA) that was erroneously taken away by the Defense Finance and Accounting Service (DFAS) in October 1999. At that time the applicant departed the SLA area with a SLA leave balance of 35 days. Accrued leave that exceeds 60 days at the end of the fiscal year is lost except as authorized for special leave accrual up to 90 days to provide relief to soldiers who are not allowed leave when undergoing lengthy deployment or during...
AF | BCMR | CY2005 | BC-2005-01888
Applicant requests 60 days of leave be restored to his leave account and he be entitled to sell his leave upon his 1 May 2005 retirement. The Air Force has recommended restoring 60 days to the applicant’s leave account. In reviewing the applicant’s MMPA, DFAS determined, however, that the applicant’s account should have reflected 26.5 days of leave at the time of his retirement.
ARMY | BCMR | CY2008 | 20080000458
Military Personnel (MILPER) Message 04-298, dated 28 October 2004, and effective 1 October 2004, implemented new SLA guidance for Soldiers serving in HFP/IDP by allowing Soldiers to accumulate up to 120 days of SLA and that any leave in excess of 60 days accumulated under this provision is lost if not used by the end of the third fiscal year (FY). The evidence of record shows that at that time, Soldiers were authorized to retain a 60-day leave balance year to year. The evidence of record...
ARMY | BCMR | CY2005 | 20050000710C070206
DFAS explained that, according to their internal instructions, he was authorized to carry over (in excess of 60 days) into the new fiscal year only the amount of days he earned while in the combat zone. His total authorized leave balance at the end of September 2003 should have been 75 days (15 days SLA leave and 60 days regular leave). He took 92 days.
ARMY | BCMR | CY1996 | 9608570C070209
The applicant requests, in effect, correction of her military records by reinstating 10 days of leave that she lost at the end of Fiscal Year 1994. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 10 days of leave as authorized special leave if Departmental personnel...
ARMY | BCMR | CY2004 | 20040010385C070208
The evidence of record confirms special leave accrual provisions for all military members have been in effect, in some form, since fiscal year 2001. The evidence of record in this case confirms the applicant was authorized special leave accrual based on his deployments in support of the GWOT. The December 2003 LES he provides shows he was allowed to bring forward 90 days, as opposed to 60 days, of accrued leave at the end of fiscal year 2003, as was authorized by the special leave accrual...
ARMY | BCMR | CY2002 | 2002083657C070215
His leave and earning statement for the period 1-31 October 2002 shows that he lost 30 days of leave, as he has stated. 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. 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...
ARMY | BCMR | CY2002 | 2002074350C070403
The applicant requests correction of his records to show 15.0 days of special leave accrual (SLA). The Board considered the applicant's request for correction of his records to show 15.0 days of SLA. The applicant's LES for the period 1 through 31 October 1999 shows that only 60 days of leave were carried forward into Fiscal Year 2000 when in fact the applicant was entitled to carry forward 60 days of leave and 8 days of SLA.
ARMY | BCMR | CY2009 | 20090003242
The applicants Separation Leave Record, dated 5 January 2009, and prepared by an official at the Fort Bragg, NC, Finance Office shows the following entries: a. the applicant earned a total of 140 days of accrued leave during his 1,700 days of active duty from 12 May 2004 (date he entered active duty) to 5 January 2009 (date he was released from active duty); b. he used 15 days of leave from 1 October 2004 to 15 October 2004 and 30 days of leave from 4 December 2008 to 2 January 2009, for a...
ARMY | BCMR | CY2014 | 20140012343
Title 10, U.S. Code, section 701(f), states SLA may be granted to Soldiers who serve on active duty for a continuous period of at least 120 days, in an area in which they are entitled to special pay for duty subject to hostile fire or imminent danger, and to those Soldiers who are not authorized annual leave as a consequence of duty assignments in support of contingency operations. The evidence of record shows the applicant was a LTC in the RA and as such, he was authorized to complete 28...