RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 February 2007
DOCKET NUMBER: AR20060008665
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. Gerard W. Schwartz | |Director |
| |Ms. Loretta D. Gulley | |Analyst |
The following members, a quorum, were present:
| |Mr. Ted S. Kanamine | |Chairperson |
| |Mr. Larry C. Bergguist | |Member |
| |Ms. LaVerne M. Douglas | |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, restoration of 6 days lost leave.
2. The applicant states, in effect, that he was incorrectly charged for
six days of leave that were part of his “use or lose” days in FY05. The
applicant continues that he took leave in September 2005 based on the 11
days “use or lose” days on his LES. The applicant continues that he was
told “as long as he started his leave in September 2005, he would not lose
the days noted on the use/lose column”. The applicant states that after
reviewing his October 2005 LES he noticed that he had lost six days of
leave at the beginning of FY06. The applicant further states, in effect,
that he submitted a pay inquiry to his local Defense Finance and Accounting
Service (DFAS) at Fort Belvoir, VA and although he checked monthly, it was
not until late March that he was told that it had not been submitted. The
applicant also states, in effect, in March 2006 Ms. L***** E**** of the Ft.
Belvoir DFAS restored one day lost leave and told him that the remaining
five would be restored. The applicant finally states, in effect, that the
leave he lost resulted in him not receiving a full month’s pay when he
retired.
3. The applicant provides copies of his leave and earnings statements
(LESs) for September and October 2005 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he had retired from active duty 31
March 2006, successfully serving in the rank of Sergeant First Class, at
the time he submitted his application to the Board.
2. The applicant provides a LES for the month of September 2005 that shows
he had 71 days of accrued leave. This document also clearly shows he had
11 days of leave that he either had to use or lose.
3. The applicant provides a LES for the month of October 2005, which shows
he lost 6 days of leave. The LES shows he was charged leave for the period
26 September 2005 through 6 October 2005.
4. Army Regulation 600-8-10 (Leaves and Passes) provides for the policies
and procedures regarding the use of regular and special passes. Paragraph
2-3 contains guidance on leave accrual. It states, in pertinent part, that
accrued leave that exceeds 60 days at the end of the fiscal year is lost
except as authorized under special leave accrual policies. Chapter 3
contains special leave accrual policy, and it specifies that he intent of
special leave accrual is to provide relief to Soldiers who are not allowed
leave when undergoing lengthy deployment or during periods of hostility.
DISCUSSION AND CONCLUSIONS:
1. The applicant contention that he was improperly advised that he would
not lose six days leave and the supporting evidence he submitted was
carefully considered. However, by law and regulation, unless authorized
under special leave accrual provisions, a member may only carry forward 60
days of accrued leave from one fiscal year to the next. Accrued leave that
exceeds 60 days at the end of the fiscal year will be lost.
2. The evidence of record in this case does not present any special
circumstances that would support granting special leave accrual. Further,
given the applicant's rank and experience, he knew or should have known the
law and Army policy regarding leave accrual, which is well publicized and
known throughout the Army. As a result, there is an insufficient
evidentiary basis to support granting the requested relief.
3. 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
___TSK__ ___LCB_ ___LMD _ 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.
___Ted S. Kanamine____
CHAIRPERSON
INDEX
|CASE ID |AR20060008665 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/02/27 |
|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. Schwartz |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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