RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070016000 


	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.  











The following members, a quorum, were present:














	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, reinstatement of 13.5 days of leave lost on 31 October 2007.  

2.  The applicant states, in effect, that during the last fiscal year (FY) she returned from deployment and also completed two military schools.  She claims that during this time, she did not have the opportunity to take the 13.5 days of leave she lost.  She states that she moved on a permanent change of station (PCS) from overseas to the United States and attended the Basic Noncommissioned Officer Course (BNCOC) on route.  She states that she was unable to leave Germany until her availability date, which was 24 July 2007, and had to report to the BNCOC on 5 August 2007.  

3.  The applicant provides Academic Evaluation Reports (DA Forms 1059) for the Warrior Leader Course and BNCOC and Leave and Earnings Statements for September and October 2007, in support of her application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that as of the date of her application to the Board, the applicant was serving on active duty, in the rank of staff sergeant (SSG), at Fort Jackson, South Carolina.  

2.  On 23 August 2005, while she was serving in Germany, the applicant's deployment to Iraq in support of Operation Iraqi Freedom was directed in Headquarters, 90th Personnel Service Battalion Permanent Order 0235-05.  She was scheduled to deploy on or about 17 October 2005, for a period not to exceed 365 days.  

3.  On 31 October 2006, the applicant departed Iraq and returned to her unit in Germany.  

4.  The applicant's record contains a DA Form 1059 that shows she attended the Warrior Leader Course in Germany from 27 March through 25 April 2007, and the BNCOC at Fort Jackson, South Carolina, from 6 through 21 August 2007.  


5.  During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Services Branch, United States Army Human Resources Command (HRC), Alexandria, Virginia.  This official recommended the applicant's request be denied.  He states that the Army's leaves and passes program is designed to allow Soldiers the opportunity to use their accrued leave to the maximum extent possible.  By law, a Soldier may accrue and carry forward up to 60 days of leave at the end of each fiscal year (FY).  Soldiers, who accrue 60 or more days, risk the loss of leave in excess of 60 days if not used by the end of the FY.  This official further states that Soldiers who serve in an area in which they are entitled to hostile fire or imminent danger pay for a period of 120 continuous days or greater, or are assigned duties in support of a contingency operation, may accumulate and carry forward a maximum of 90 or 120 days of leave at the end of the FY.  

6.  The HRC Chief, Personnel Services Branch, states that the applicant qualified for a combat zone leave carry over, and departed the theater with 85.5 days of accrued leave.  She was eligible to retain 25.5 days of Special Leave Accrual (SLA) in excess of 60 days accrual until the end of the third FY following the 
FY in which the service in the combat zone terminated, in this case
30 September 2010.  The applicant departed the combat zone on 31 October 2006, and returned to Germany prior to departing on PCS for the United States.  

7.  The HRC official further states that information obtained from the Defense Finance and Accounting Service (DFAS) indicates the applicant requested and took 22 days of leave from 22 December 2006 through 12 January 2007, in conjunction with her PCS from Germany.  She used 22 days while serving in Germany and 8 days on route to her BNCOC, or which 20 days used did not qualify as combat zone leave; thereby, precluding her from accumulating SLA beyond 67 days.  Excess leave earned after returning from the combat zone is lost if not used before the end of the FY, in this case 30 September 2007.  This official further states that attendance at military schools does not qualify for the retention and carry over of leave, unless the schooling is in preparation for deployment supporting existing contingency operations.  He finally states that it is unfortunate the applicant lost 13.5 days of leave at the end of the FY due to her attendance at two separate military schools within the same FY; however, existing law and regulation preclude the accumulation and retention of leave in excess of the authorized SLA.  


8.  On 18 February 2008, the applicant provided a rebuttal to the HRC advisory opinion.  She stated that she was unable to take leave due to operational requirements prior to her deployment in support of Operation Iraqi Freedom, and before returning to her home station in Germany on 31 October 2006.  She further states that upon her return to her unit in Germany, she was required to undergo mandatory in-processing and reintegration for 30 days.  She took leave from 22 December 2006 through 12 January 2007, under the unit block leave plan.  She was scheduled to attend the Warrior Leaders Course in February/March under an urgent priority based on her potential promotion status and actually attended the course in March/April 2007.  

9.  The applicant provides Leave and Earnings Statements (LESs) for the periods 1-30 September 2007 and 1-31 October 2007.  The September LES shows she had 20.5 days of use or lose leave, and the October LES shows she lost 13.5 days of accrued leave.  

10.  Army Regulation 600-8-10 (Leaves and Passes) provides for the policies and procedures regarding the use of regular and special passes.  Chapter 3 contains guidance on SLA.  It states, in pertinent part, that the intent of SLA is to provide relief to Soldiers who are not allowed leave when undergoing lengthy deployment or during periods of hostility.  It further states that the leave program is designed to encourage the use of leave as it accrues rather than to accumulate a large leave balance.  Soldiers who build their leave balance to the maximum level risk losing their leave should a situation occur that prevents or delays leave use.  

11.  Paragraph 3-3(e) of the same regulation states, in pertinent part, that in determining eligibility for SLA the following criteria must be considered:  the date command was notified of deployment requirements; who directed deployment requirement; unclassified name of the operation, if applicable; date the Soldier was notified of the deployment requirement; date of departure on deployment and date of return or projected return; information concerning commander's annual leave program and the Soldier's ability to take leave during the fiscal year; the Soldier's leave schedule prior to notification of the deployment requirement; whether the Soldier could have taken any leave after notification of deployment and prior to departure on deployment; whether Soldier could have taken any leave or can take leave while deployed; if not, what prevented or is preventing leave use; and how many leave days Soldier lost or will lose at the end of the fiscal year.  The regulation provides no provisions for SLA based on school attendance.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record in this case confirms that upon her departure from Iraq on 31 October 2006, the applicant had 85.5 days of accrued leave and was authorized 25.5 days of SLA.  It further confirms that subsequent to her return to Germany, she took 22 days of leave from 22 December 2006 through 12 January 2007, and that she took 8 days of leave on route to the BNCOC from 25 July through 1 August 2007.  The total of this leave was 30 days, and exceeded the 25.5 days of SLA accrual she was authorized upon her return from Iraq.  

2.  Further, there is no evidence of record that suggests the applicant was denied the opportunity to use the 13.5 days of leave she lost during the period between when her leave ended on 12 January 2007, and before her attendance at the Warrior Leader Course on 27 March 2007; or during the period subsequent to her completion of the Warrior Leader Course on 25 April 2007, and prior to her departure for the BNCOC in July 2007.  As a result, although unfortunate, there appears to be no error or injustice related to her loss of accrued leave in excess of 60 days at the end of FY 2007.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x _  __x__  __x__  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.




_____x           _____
          CHAIRPERSON