RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20050016141


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCant            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland  C. Heflin            |     |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 that 69 days of leave charged to him for the
period 7 April 2001 through 14 June 2001 be restored to him.

2.  The applicant states he did not take leave during this period but
because he was not officially listed on any roster he was charged with
having taken the leave. He was misled as to the status of his leave and has
been unsuccessful in getting the error corrected.

3.  The applicant provides copies of six sets of assignment orders, and a
25 August 2003 letter from the 82nd Soldier Support Battalion, Fort Bragg,
North Carolina.

CONSIDERATION OF EVIDENCE:

1.  The records show the applicant entered active duty on 13 July 2000 with
attendance of basic training at Fort Jackson, South Carolina.

2.  On 24 August 2000, Headquarters, United States (U.S.) Army Training
Center Fort Jackson, South Carolina Orders 237-417 transferred the
applicant to Company A, 232nd Medical Battalion, Fort Sam Houston, Texas to
report not later than 6 October 2000.

3.  On 9 January 2001, Headquarters, U.S. Army Medical Department Center
and School, Fort Sam Houston, Texas Orders 009-284 reassigned him to the
507th Infantry, Fort Benning, Georgia, for Basic Airborne Training, with a
reporting date of not later than 12 January 2001.  Upon completion of that
training the applicant was to be further assigned to the 19th Adjutant
General’s Strategic Replacement Detachment, Fort Bragg, North Carolina.

4.  A 23 January 2001 memorandum from Headquarters, United States Army
Infantry Center, Fort Benning, Georgia reassigned the applicant to the
Headquarters and Headquarters Company, 75th Ranger Detachment, effective
2 February 2001.

5.  Permanent change of station orders were issued on 11 June 2001
reassigning the applicant to Fort Bragg, North Carolina, to report on or
about 15 June 2001.

6.  Other than the reassignment orders, the record does not contain any
information related to the applicant's physical location and status during
the period in question, 7 April 2001 through 14 June 2001.

7.  On 13 September 2001 the applicant was reassigned to the 82nd Airborne
Division Replacement Detachment with a reporting dated of 20 October 2001.

8.  A 25 August 2003 memorandum from the 82nd Soldier Support Battalion,
Fort Bragg, North Carolina states that it confirmed that the applicant had
been over charged 69 days leave while on temporary duty (TDY).  The error
was to have been corrected on the August end of month leave and earnings
statement.

9.  In the development of this case an advisory opinion was obtained from
Defense Finance and Accounting Service, Indianapolis, Indiana.  The Chief,
Policy Liaison and Procedures Branch stated that based on the orders and
statements the Soldier provided the applicant should not have been charged
with leave for the period in question.  The Chief recommended the Soldier's
account be reviewed and the leave reaccredited to him.

10.  A copy of the opinion was forwarded to the applicant and he concurred
with the opinion.

DISCUSSION AND CONCLUSIONS:

1.  There is no indication the applicant applied for or was granted leave
during the period 7 April 2001 through 14 June 2001 or that he was absent
without leave.

2.  It appears that an administrative error resulted in improper accounting
of the applicant’s assignment and status.

3.  The foregoing is established by the memorandum from Fort Benning and
confirmed by the advisory opinion.

4.  Therefore, it is appropriate that the 69 days of leave, covering the
period 7 April 2001 through 14 June 2001, be restored to the Soldier.



BOARD VOTE:

__JRM___  __RCH _  __SWF__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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
restoring 69 days of leave charged him for the period 7 April 2001 through
14 June 2001.




                                  __    Jeanette R. McCant____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016141                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |121                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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