RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20050017243


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J.N. Troup              |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, reimbursement for four days of
leave.

2.  The applicant states, in effect, that he was scheduled to begin his
transition leave on 13 August 2005, but was delayed from departing on that
date because he had not cleared all of the required organizations.  The
applicant also states, in effect, that the "clearing papers" checklist that
he was given by the Military Personnel Service Center (MPSC) in Crystal
City, Virginia, failed to include all of the organizations he had to clear
prior to his final out-processing appointment at the Retirement Section on
Fort Myer, Virginia.  As a result, when he arrived for his appointment on
Friday, 12 August 2005, he was informed that he had three more activities
(i.e., Army Community Services (ACS), the commissary, and library) to
clear; however, the library was closed on Friday.  The applicant states, in
effect, that his final out-processing appointment was rescheduled for
Tuesday, 16 August 2005, he completed both his finance and MPSC final out-
processing on 12 August 2005, and signed his DD Form 214 on 16 August 2005
after he cleared ACS, the commissary, and library.  The applicant concludes
by stating, in effect, that he contacted his first sergeant by telephone,
who authorized the change to the "From" (i.e., starting) date of his
transition leave (from 13 August 2005 to 17 August 2005), and he actually
commenced his transition leave on Wednesday, 17 August 2005.

3.  The applicant provides a self-authored statement, Procedures for
Installation Clearance (Retirement Only), dated 12 August 2005;
Headquarters, Office of the Administrative Assistant to the Secretary,
Military Personnel Service Center, U.S. Army Resources and Programs Agency,
Washington, DC, Orders 338-13 and 338-14, dated 3 December 2004; 2 copies
of DA Form 31 (Request and Authority for Leave), dated 17 June 2005; DD
Form 2656 (Date for Payment of Retired Personnel), dated 12 August 2005;
and DD Form 214 (Certificate of Release or Discharge from Active Duty),
with an effective date of 31 August 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular
Army on 30 August 1985.  He served in the Aviation career management field
throughout his service and attained the grade of rank of sergeant first
class.  The applicant remained on active duty until 31 August 2005, when he
was released from active duty and placed on the retired list, effective 1
September 2005.


2.  The applicant’s records contain a copy of his final DA Form 2166-8 (NCO
Evaluation Report (NCO-ER), covering the period July 2004 through June
2005.  Part II (Authentication), section c (Rated NCO) of this document
shows, in pertinent part, that the applicant affixed his signature to the
document on
16 August 2005.

3.  In support of his application the applicant provides a self-authored
statement, along with documents related to local installation clearance
procedures, his reassignment orders authorizing retirement from the Army,
two transition leave documents, a DD Form 2656 providing data for payment
of retired pay, and his discharge document.  The installation clearance
procedures show, in pertinent part, that the applicant's final appointment
at the MPSC was scheduled for
12 August 2005 between 0800 and 1600 hours.

4.  Headquarters, Office of the Administrative Assistant to the Secretary,
MPSC, U.S. Army Resources and Programs Agency, Washington, DC, Orders 338-
13 and 338-14, dated 3 December 2004, reassigned the applicant to the U.S.
Army Transition Point and authorized his retirement from the Army.  The
orders also instructed the applicant, in pertinent part, to contact the
Fort Myer Retirement Service Officer regarding questions pertaining to his
retirement.

5.  The DA Form 31, dated 17 June 2005 (Control Number MB05-0545) shows, in
pertinent part, in Item 9 (Number Days Leave) that the applicant requested
19 days "Terminal Leave" from 13 August 2005 to 31 August 2005.  In
addition, Item 13 (Signature and Title of Approving Authority) of the DA
Form 31 contains a hand-stamped signature block that reads " L_____ W.
D___, 1SG, USA, HHC ATEC" and is signed by this individual.

6.  The DA Form 31 marked with the annotation "Corrected" in the top margin
and dated 17 June 2005 (Control Number MB 05-0545) shows, in pertinent
part, that the entry in Item 9 (Number Days Leave) pertaining to number of
days requested was changed to 15 days leave.  In addition, Item 10 (Dates)
shows that the "From" date for the applicant's "Terminal Leave" was changed
from
13 August 2005 to 17 August 2005.  (The "To" date is unchanged (i.e., 31
August 2005).)  Item 13 (Signature and Title of Approving Authority)
contains the hand-stamped signature block that reads " L_____ W. D___, 1SG,
USA, HHC ATEC" and is signed by this individual.

7.  In the processing of this case, the applicant's former first sergeant
was contacted to verify the essential elements of the applicant's statement
and the validity of the hand-written changes with respect to the "Number of
Days" and "From" (i.e., starting) date of the applicant's transition leave.
 The applicant's former first sergeant verified that he was authorized to
approve and authenticate the applicant's leave request at that time, that
the applicant encountered a delay in his out-processing, and that the
annotated changes to the document are valid.

8.  Army Regulation 600-8-10 (Leaves and Passes) prescribes the policies,
operating tasks, and steps governing military personnel absences.
Paragraph
4-21 (Rules used to request transition leave) provides that transition
leave (formerly called terminal leave) is a chargeable leave granted
together with transition from the Service, including retirement.  The unit
commander or designee is the approval authority for transition leave
requests.  This paragraph also provides that leave granted must not
interfere with operational requirements, timely processing, or transition
processing.  Soldiers stationed in the continental United States will
complete processing at an authorized and directed transition activity
before beginning leave.  As an exception, Soldiers retiring and requesting
a location of personal choice transition point will complete processing at
a designated U.S. Army Transition Point prior to departing on leave.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the "Number of Days" leave and
"From" date on his DA Form 31, dated 17 June 2005, should be changed to
show that he took 15 days transition leave, which commenced on 17 August
2005 and terminated on 31 August 2005.  He also contends, in effect, that
he should be reimbursed for the four days of leave that he actually spent
performing duties related to his transition processing for retirement prior
to departing on leave.

2.  The evidence of record shows that the Procedures for Installation
Clearance (Retirement Only) are absent instructions that the applicant was
required to clear ACS, the commissary, or library.  The evidence of record
also shows that the applicant had not completed this particular out-
processing when he arrived for his final out-processing appointment on 12
August 2005 and that he was unable to complete this required out-processing
until 15 August 2005.

3.  A review of the calendar for August 2005 shows that 12 August 2005 fell
on a Friday and that 15 August 2005 fell on a Monday.  Therefore, it is
reasonable that the applicant was not able to out-process the three
organizations until the following Monday, 15 August 2005.  The evidence of
record also shows that the applicant's appointment at Retirement Services,
Fort Myer, Virginia, was rescheduled for Tuesday, 16 August 2005.  In
addition, the applicant's NCO-ER, which is filed in the applicant's
Official Military Personnel File (OMPF), shows that he authenticated the
document on 16 August 2005.  Moreover, the applicant's former first
sergeant, the leave approving official at the time, verified the fact that
he authorized and approved the change to the applicant's transition leave
because the applicant had not finished his transition processing.
Therefore, in view of all of the evidence, the applicant's records should
be corrected to show that the period of his transition leave was from 17
August 2005 through
31 August 2005 and that he used 15 days leave during that period.

BOARD VOTE:

__MJNT _  ___CAD_  ___EEM_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant was authorized and used 15 days
transition (terminal) leave from 17 August 2005 to 31 August 2005.

2.  In addition, as a result of this correction, the Defense Finance and
Accounting Service shall be notified of the Board's determination
concerning correction of the number of days leave the applicant actually
used for transition leave prior to his retirement and shall remit all pay
and allowances due the applicant as a result of this correction, less any
authorized deductions.




                                  ____Marla J.N. Troup____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017243                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050831                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 12                  |
|DISCHARGE REASON        |Sufficient Service for Retirement       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |121.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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