RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 August 2007
      DOCKET NUMBER:  AR20060015932


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 a debt in the amount of
$1,827.75 that was established against him be remitted/cancelled.

2.  The applicant states, in effect, that he was overcharged for leave that
he took on the expiration of his term of service (ETS).  He states that he
had accrued the leave and they [finance officials] said he did not have it.
 He summarizes by stating that he doesn't think he should be charged the
leave because he earned it and he has the paperwork showing he had the days
and if he is charged the debt, it will put him and his family in a great
injustice.

3.  The applicant provides a copy of an application for cancellation or
remission of indebtedness he processed through the US Army Human
Resources Command, Alexandria, Virginia; a copy of a DA Form 31, Request
and Authority for Leave; a copy of his DA Form 137-E, Unit/Installation
Clearance Record; and a copy of his DD Form 214, Certificate of Release
or Discharge from Active Duty, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on the date of his application to
this Board, he was serving on active duty, in the rank and pay grade of
Specialist, E-4.  He was assigned to the 104th Transportation Company,
Fort Benning, Georgia.

2.  The applicant's record shows he enlisted in the Regular Army on 8
January 2002.  He served successfully and on 7 January 2005, he was
honorably released from active duty at the completion of required active
service in the rank and pay grade, Private First Class, E-3.  On the date
of his release from active duty, he had completed 3 years active duty
service, with no time lost.

3.  The applicant enlisted on 13 April 2006, for 3 years and 2 weeks, with
a scheduled ETS date of 26 April 2009.  The applicant has been honorably
discharged, since his application to the Board, under the provisions of
Army Regulation (AR) 635-200, paragraph 5-8, for parenthood.  The applicant
was discharged on 4 April 2007.

4.  On 16 May 2006, the applicant submitted an application for Remission or
Cancellation of Indebtedness, to the US Army Human Resources Command,
Alexandria, requesting that an "initial amount and indebtedness" of
$1,827.75 be cancelled based on an injustice.

5.  In the application the applicant submitted to that agency, he wrote, in
effect, in part, in Section VII, "when I was in Germany, I accrued 40 days
leave and took them from 29 November 2004 to 7 January 2005 as my ETS
leave.  I had the days on record and they charged me negative 40 days leave
when I had the days by LES (Leave and Earnings Statement), DA Form 31, and
orders.  That is why I think it should be off my record."  He continued his
input by stating his chain of command said that if he took emergency leave
on the dates of 23 October 2004 to 15 November 2004 that it would not be
chargeable due to the circumstances that his grandfather raised him for
most of his life, so he went to his funeral.  Had he known it was
chargeable, he would not have taken the leave time or at least not 22 days.
 He summarized by stating he should not be held accountable for receiving
incorrect information from his chain of command.

6.  A copy of a memorandum, dated 15 May 2006, Subject:  Suspend Debt,
prepared by the applicant's former commander of the 104th Transportation
Company, Fort Benning, Georgia, supporting his request was included among
the documents the applicant submitted to the Army Human Resources Command
for consideration.  In this memorandum, his former commander alleges the
applicant "was charged for 40 days of leave that he supposedly did not
have."  She continued, "He did in fact have the days and was granted them
by LTC C-------, Battalion Commander of the 181st Transportation
Battalion."  The Commander, 104th Transportation Company, requested the
Soldier be immediately reimbursed for leave as the charge for allegedly
not having those days was causing undue hardship to the Soldier.

7.  On 7 August 2006, the Deputy Chief, Special Actions Branch, US Army
Human Resources Command, responded to the applicant's request.  In this
response, he was advised that his application had been reviewed in
accordance with Army Regulation (AR) 600-4 and his application was
disapproved in the amount of $1,827.75.  He was advised to contact the
Defense Finance and Accounting Service (DFAS) to have the debt prorated.
He was further advised if he felt that an injustice had occurred, he could
submit an application to this Board.

8.  On 19 December 2006, an ABCMR staff member made an inquiry to the DFAS
for verification of the applicant's leave balance at the time of his
separation and for a determination if he received any monies related to
leave at separation.

9.  On 20 December 2006, a DFAS representative replied that it looked like
the applicant was in a negative leave balance on the date of his
separation.

10.  To support her statement, the DFAS representative extracted
information from the MMPF (Master Military Pay File).  This extract shows
that a balance of 15 days had been brought forward from the previous
fiscal year (30 September 2004).  The applicant had earned 8.5 days leave
and had used 61 days leave.  On his separation date, 7 January 2005, he
had a negative leave balance of 37.5 days leave.

11.  Item 16 (Days Accrued Leave Paid), of the applicant's DD Form 214,
shows he received no pay for accrued leave.

12.  The applicant submitted an undated DA Form 31 (which also lacks a
control number) showing that he had 40 days of accrued leave, was
requesting to take 40 days leave and, was authorized to take 40 days
ordinary leave beginning on 29 November 2004 with an ending date of 7
January 2005.

13.  Orders 223-07 prepared by the Mannheim Transition Center, Unit 29901,
on 10 August 2004, show in the Additional Instructions, paragraph (g), the
applicant was authorized:  "Transition Leave:  40 days."

14.  AR 600-8-10 (Leave and Passes) covers leave and pass programs.  It
prescribes polices, operating tasks, and steps governing military personnel
absences.  Chapter 2 pertains to policy for leave.  Paragraph 2-3 states,
in pertinent part, that Soldiers on active duty earn 30 days of leave a
year with pay and allowances at the rate of two and a half days per month.
Soldiers may accrue and carry forward up to 60 days leave at the end of
each FY (fiscal year). Accrued leave that exceeds 60 days at the end of the
FY is lost.

15.  AR 600-8-10, paragraph 4-21, states, in effect, that transition leave
(formerly called terminal leave) is a chargeable leave granted together
with transition from service, including retirement.  Leave will not be
granted if it exceeds that accrued or to be accrued between the date of
approval and date of transition.  It does not provide a Soldier additional
accrued leave.  It only allows a Soldier to use accrued leave in greater
quantity at the time of transition from the Army than might otherwise be
granted.

16.  Soldiers may be authorized emergency leave (or ordinary leave under
emergency conditions) for up to 30 days for emergency situations within the
immediate family.  Guidelines for authorizing emergency leave are as
prescribed in paragraph 6-1.e and f, AR 600-8-10.  Soldiers may use
accrued, advanced, excess leave, or a combination, to account for the time
they are absent from their unit on authorized leave under emergency
conditions.

17.  According to paragraph 6-7b, AR 600-8-10, Soldiers are normally not
charged leave for time spent in emergency leave travel. (Emergency leave
begins the day after the Soldier arrives at APOD (Aerial Port of
Debarkation). Chargeable leave ends the day prior to the day Soldier
returns to the APOE (Aerial Port of Embarkation).

DISCUSSION AND CONCLUSIONS:

1.  The applicant, it is believed, had 40 days of accrued leave on
approximately 10 August 2004 when he was in the beginning stages of his
preparation to leave the Army.  It is apparent he provided the orders
publishing authority the DA Form 31 in which he was authorized to take 40
days transition leave for the period 29 November 2004 through 7 January
2005.  The 40 days transition leave were included in his transition orders.

2.  In his application to the US Army Human Resources Command, he stated he
had taken emergency leave from 23 October 2004 through 15 November 2004,
a total of 22 days [actually 24 days based on a day by day count], to
attend his grandfather's funeral.

3.  The applicant further states that he should not now be charged and be
held accountable for the resultant indebtedness to the Government in the
amount of $1,827.75 for receiving incorrect information from his chain of
command about, in effect, his leave availability and its chargeability
against his accrued leave account.

4.  During a Soldier's early stages of their indoctrination into the Army
from their life as a civilian, they are provided basic information about
life in the military and what they can expect while they serve.  They are
briefed on such things as what is expected of them in terms of their
conduct and efficiency; the Army's Uniform Code of Military Justice; about
their rates of pay; promotions they can expect to receive and what they
must do to earn promotion; and leave and passes, to include emergency leave
and what to do if they are contacted about an emergency situation outside
of official channels to have it introduced into official channels.  They
are told passes are given as incentives for good performance and conduct
and this time in non-chargeable as leave.  Further, they are told that all
leave taken is charged against their accrued leave balance.  They are told
about being aware of their leave balance and that it will appear on their
leave and earnings statement each month.

5.  Soldiers who need assistance can rely on members of their chain of
command in getting up-to-date information and in keeping current with their
personal affairs.  If they have question about almost anything, this is
start point in getting answers.

6.  The applicant did not pay close enough attention to his leave balance
and after he had been approved to take 40 days transition leave, he used
some of that balance to attend his grandfather's funeral.  On his return
from his grandfather's funeral, he did not adjust his departure date from
Germany and the amount of transition leave he would be taking and on his
scheduled expiration of term of service date, had a negative leave
balance.  He now wants the Board to believe his supervisor told him that
emergency leave was non-chargeable to his leave account and he should not
be required to reimburse the Government for his [the supervisor's] error.

7.  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 failed to
submit evidence that would satisfy this requirement.

8.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MJF___  __LWR__  __DWS__  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.




                                  ____Michael J. Flynn_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060015932                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070814                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.0000                                |
|2.                      |128.1000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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