RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 July 2007
DOCKET NUMBER: AR20060012682
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.
Ms. Catherine C. Mitrano
Director
Mr. W. W. Osborn, Jr.
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Ms. Rose M. Lys
Member
Mr. James R. Hastie
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 his lost leave be restored and that he be reimbursed for this leave.
2. The applicant states, in effect, that if he had been properly counseled, he could have sold leave at the end of the 2004 fiscal year. He earned 62.5 days leave while deployed for Operation Iraqi Freedom during 2003-2004. He was led to believe that he could carry them over.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 31 (Request and Authority for Leave), DFAS Form 702 (Defense Finance and Accounting Service Leave and Earnings Statement) for the period from 1 through 30 September 2004; and deployment orders for temporary change of station from Germany for participation in Operation Enduring Freedom, dated 10 February 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 23 March 2001 and served until 22 March 2005 when he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).
2. His Leave and Earnings Statement (LES) for the period ending 30 September 2004 shows that he had a current leave balance of 76.0 days and the Remarks section of the LES shows "
Combat Zone LV Carryover Bal = 62.00 Expires
30 September 2007."
3. During the processing of this case an advisory opinion was obtained from the Human Resources Command (HRC). The Personnel Service Branch explained how the combat zone leave carryover program worked. It was opined that, after the applicant left the combat zone he took 4 days of leave. This was considered combat zone leave and reduced the applicant's carryover leave to 28.5 days. The 14 days leave that were lost and the resultant $1,318.24 forfeited was considered to have been leave the applicant earned after he left the combat zone and before his expiration term of service date. It was further acknowledged, in effect, the applicant believes he was misinformed regarding the actual number of days a Soldier could carry forward into the next year and states that he would have sold the excess leave versus losing it had he been properly advised. Restoration of the leave and reimbursement of the value thereof were recommended.
4. The advisory opinion was mailed to the applicant for concurrence. He did not respond.
5. Department of Defense Instruction (DODI) 1327.6 (Leave and Liberty) provides DOD leave policy guidance. Paragraph 6.14 applies to Special Leave Accrual for Service Members Assigned to Hostile Fire or imminent Danger Areas, Certain Deployable Ships, Mobile Units, or Other Duty. Subparagraph 6.14.1 provides that service members who serve on active duty for a continuous period of at least 120 days after 1 January 1968, in an area in which they are entitled to special pay for Duty Subject to Hostile Fire or Imminent Danger under the provisions of DODI 7000.14-R (reference (g)), for at least 120 consecutive days may accumulate up to 120 days leave at the end of the fiscal year. Service members not serving in a hostile fire or imminent danger area, but who, after
30 September 1979, are assigned to a designated deployable ship, mobile unit, or other similar prescribed duty, may accumulate up to 120 days of leave. Leave that exceeds 60 days accumulated under this paragraph is lost unless used before the end of the third fiscal year following the fiscal year in which the service in the hostile fire or imminent danger area or operational commitment is terminated.
DISCUSSION AND CONCLUSIONS:
1. Based on the DODI leave policy, the applicants LES and HRC guidance on the management of the leave program, it is reasonable to believe that had the applicant been properly advised concerning his leave, he would have managed his leave such that he would not have lost it.
2. In fairness to the applicant, the 14 days of lost leave should be restored and he should be reimbursed for this leave.
BOARD VOTE:
__JRH __ __JI ____ __RML__ 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 14 days of lost leave to the applicant and reimbursing him for this leave.
____ John Infante____
CHAIRPERSON
INDEX
CASE ID
AR200600012682
SUFFIX
RECON
DATE BOARDED
20070724
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
121.03
2.
3.
4.
5.
6.
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