RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              12 JANUARY 2006
      DOCKET NUMBER:              AR20050011752


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rae Nuppenau                  |     |Member               |

      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 he either be paid for the 52.5
days of leave that he lost in 1999 when he transferred to the Air Force or
that his account be credited with that amount of leave.

2.  The applicant states, in effect, that he lost 52.5 days of leave when
he transferred from the Army to the Air Force because he was not sworn in
within 24 hours of his release from the Army and had already been paid for
60 days of leave during his career.  He goes on to state that he was
unaware of the regulations regarding the maximum amount of leave he could
be paid for and the restrictions regarding the transfer of leave from
service to service.  However, he had been assured by Air Force recruiting
personnel that his leave would transfer with him.  He goes on to state that
he was unable to take the leave because he is a physician and was
undergoing his residency at the time and believed that he needed to be
there for his patients.

3.  The applicant provides a copy of his last leave and earnings statement
(LES) from the Army (June 1999) and his first LES from the Air Force (July
1999), a copy of his application and the results of his applications from
the Air Force Board for Correction of Military Records.

CONSIDERATION OF EVIDENCE:

1.  He was initially commissioned as a United States Army Reserve (USAR)
field artillery second lieutenant on 19 May 1978 and entered active duty on
30 September 1978.  He remained on active duty until 29 September 1982,
when he was honorably released from active duty (REFRAD) in the rank of
first lieutenant. He was transferred to the USAR Control Group
(Reinforcement) and was paid for 60 days of leave.

2.  On 9 November 1982, he was commissioned as a first lieutenant in the
Arkansas Army National Guard (ARARNG).

3.  On 18 May 1991, he was commissioned as a USAR captain in the medical
corps and entered active duty on 16 June 1991.  He was promoted to the rank
of major on 1 October 1993 and remained on active duty until 30 June 1999,
when he was honorably REFRAD for miscellaneous/general reasons.  At the
time of his REFRAD he had 52.5 days of accrued leave.

4.  On 6 July 1999, he was commissioned as a medical corps major in the Air
Force Reserve with a concurrent call to active duty for a period of 48
months.  He was promoted to the rank of lieutenant colonel (LTC) on 14
January 2000.

5.  The applicant applied to the Air Force Board for Correction of Military
Records to have his records corrected to reflect that his 52.5 days of
accrued leave had been restored to his account and on 2 October 2000, that
Board denied his request.

6.  On 29 October 2003, he accepted an appointment as a USAR Medical Corps
LTC and was ordered to active duty on 17 November 2003 for a period of 48
months.

7.  In the processing of this case a staff advisory opinion was obtained
from the Defense Finance and Accounting Service (DFAS) in Indianapolis,
Indiana, which opines that the applicant sold the maximum amount of leave
allowed by law and that he could have had the leave transferred to his Air
Force account had he immediately entered the Air Force after his REFRAD
from the Army.  Inasmuch as he did not immediately enter the Air Force,
there are no provisions of law that allowed the leave to be credited to his
account.  The opinion was provided to the applicant for comment and as of
this date, no response has been received by the staff of the Board.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not authorized to be paid for his accrued leave at
the time of his REFRAD because he had previously been paid for the maximum
of 60 days of leave allowed for a career.  He also was not authorized to
carry over the 52.5 days of leave to the Air Force because he did not go
immediately (within 24 hours) into the Air Force after his REFRAD from the
Army.

2.  While it is unfortunate that the applicant lost his accrued leave at
the time of his REFRAD, he has failed to show through the evidence
submitted with his application or the evidence of record that he was
unjustly denied the opportunity to take ordinary or terminal leave at some
time prior to his scheduled separation date, or that he attempted to change
the date of his REFRAD in order to avoid the loss of his leave.

3.  Although it is not the intent of the Government that Soldiers lose
their accrued leave, Soldiers are routinely denied transition leave due to
mission essential needs.  There are no guarantees that transition leave
will always be approved or that circumstances will change that prevent one
from taking transition leave, which is an inherent risk in accumulating
large sums of leave for such purposes.

4.  Inasmuch as the applicant is the one who initiated his transfer from
the Army to the Air Force, it was incumbent on him to ensure that his
transition was seamless (accomplished within 24 hours) if he wanted to
transfer his leave.  However, there was a 6 day break in service from the
time he was REFRAD from the Army and entered active duty with the Air
Force.  Accordingly, he was not entitled to retain his leave.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LS___  ___RB __  ___RN __  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.





            ____Linda Simmons__________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050011752                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |N/A RC Soldier on AD                    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |N/A RC Soldier on AD AR . . . . .       |
|DISCHARGE REASON        |N/A RC Soldier on AD                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |255/RESTORE LEAVE                       |
|1.121.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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