RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080002152
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that she be paid the balance of her 25 days of annual leave.
2. The applicant states that she was separated without being paid for her accrued annual leave. She states that the balance of her annual leave was 25 days at the time of separation. Block 16 (Days Accrued Leave) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows zero amount of leave paid.
3. The applicant provides a copy of her Leave and Earnings Statement (LES), dated 30 November 2007, and her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the Regular Army on 6 January 1982 and was released from active duty on 18 May 1984. On the following date, she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Her DD Form 214 for the period ending 18 May 1984 shows she was paid for
8.5 days of accrued leave.
2. The applicant was ordered to active duty for training (ADT) on 31 August 1987 and was released from ADT on 20 August 1988. Her DD Form 214 for the period ending 20 August 1988 does not indicate she was paid any days of accrued leave during this period.
3. She was ordered to active duty on 27 December 1990 and was released from active duty on 17 March 1991. There is no entry in item 16 on her DD Form 214 for the period ending 17 March 1991. A DD Form 215 (Correction to DD Form 214), dated 4 August 1992, amended item 16 on her DD Form 214 for the period ending 17 March 1991, to show the entry NONE.
4. The applicant was appointed as a Reserve commissioned officer on 9 May 1996 in the rank of second lieutenant.
5. She was ordered to active duty on 14 June 2006 and was released from active duty on 8 June 2007 under the provisions of Army Regulation 635-40, paragraph 4-24b(5) for disability, other. On the following date, she was transferred to the USAR Control Group (Retired Reserve). Item 16 on her DD Form 214 for the period ending 8 June 2007 does not indicate she was paid any days of accrued leave.
6. The applicants LES, dated 30 November 2007, shows she had a balance of 25.0 days of leave. Her LES shows she was paid for 0 days of leave.
7. There is no evidence of record which shows the applicant was paid 60 days accrued leave during her military career.
8. Army Regulation 600-8-10 (Leaves and Passes) provides the policies and mandates operating tasks for the leave and pass function of the Military Personnel System. Paragraph 2-4b states that payment of accrued leave is limited to 60 days during a military career, unless earned in a missing status or under subparagraphs d and e (special leave accrual).
DISCUSSION AND CONCLUSIONS:
1. The applicants LES, dated 30 November 2007, shows her leave balance as 25.0 days and that she was not paid any days of accrued leave.
2. Since there is no evidence of record which indicates the applicant was paid for the maximum amount of 60 days during her military career, it would be appropriate to pay her for 25.0 days of accrued leave and to amend her DD Form 214 for the period ending 8 June 2007 to show 25 days of accrued leave paid. An audit of her records should be made to verify she was never paid for these 25 days.
BOARD VOTE:
XX______ XX______ XX_____ 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 auditing her military pay account to verify that she was never paid for 25 days of accrued leave after her separation on 30 November 2007 or paid for 60 days of accrued leave during her career and, if appropriate, pay her.
2. That upon completion of the audit of her military pay records, amend item 16 on her DD Form 214 for the period ending 8 June 2007 to show she was paid for 25.0 days of accrued leave.
________XXX_____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002152
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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