BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100016942 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment for 30 days of accrued leave.  

2.  He states he:

* believes it’s unjust that he was not paid for leave he had legitimately accrued
* was involuntarily extended by the U.S. Army under the stop loss policy
* was unable to use his excess leave 

3.  He provides:

* Copies of two separation orders dated 28 September 2005 and 21 April 2006
* Congressional letter, dated 13 August 2008
* Letter from the Defense Finance and Accounting Service, dated 4 August 2008
* Leave and Earnings Statement (LES) for the period covering 1 to 31 August 2007
* Memorandum requesting an exception to stop loss/stop move policy, dated 20 January 2006
* Self-authored statement



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 July 1985 and continued to serve on active duty through a series of reenlistments.

2.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in Southwest Asia from 4 September 1990 to 30 March 1991 and 25 May 1997 to 15 August 1997.  

3.  On 20 January 2006, he submitted a letter through his chain of command to the U.S. Army Human Resources Command, Alexandria, VA to request for exception to stop loss/stop move policy.  He stated he:

* was diagnosed with degenerative bone disease in both knees and both ankles
* suffered with bone spurs in both feet as well as plantar facetious
* was released one month early from Operation Iraqi Freedom due to chronic illness of his daughter
* terminated his military quarters and purchased a home in Round Rock, TX
* was pursuing his master’s degree at the University of Mary-Hardin Baylor
* completed retirement actions and Department of Veterans Affairs (VA) retirement disability claim

4.  His LES for the period 1 to 31 August 2007 shows he had:

* 60.0 days of leave brought forward from fiscal year (FY) 2006
* 27.5 days of leave earned during current FY 2007 to the end date of this LES
* 87.5 days of a current leave balance 
* 94.5 days of ETS leave balance
* 30.0 days of use or lose leave that he had to take prior to the end of FY 2007 (30 September 2007)

5.  He retired on 30 November 2007.  His DD Form 214 shows he was paid for 30.0 days of accrued leave.  

6.  The Defense Finance and Accounting Service submitted a response to a congressional inquiry on 4 August 2008 and stated the applicant:

* separated with 34.5 days of accrued lump sum leave
* accumulated 90 days of leave on 30 September 2007 (end of fiscal year)
* wasn’t entitled to special leave accrual
* was only authorized to carry forward no more than 60 days of leave
* lost 30 days of accrued leave on 1 October 2007 

7.  He submitted a self-authored statement to explain the reasons he should be reimbursed for not receiving pay for 30 leave days lost under the stop/loss policy.  He stated he:

* wasn’t allowed to retire while on stop/loss and non-deployable status
* inquired about losing leave days at Fort Hood Finance Office after his unit deployed to Iraq in 2006
* was told he would be paid for all of the unused leave days above 60 days since he was on stop/loss status

8.  He also stated he would have been allowed to take his leave according to the Army leave policy had he not been under stop/loss policy.  The Army now has a new policy which was designed to keep Soldiers from losing leave days due to the high wartime operating tempo.  

9.  References:

	    a.  Army Regulation 600-8-10 (Leaves and Passes) provides the leave policy for Soldiers.  The regulation requires Commanders to establish an annual leave program to manage leave designed to provide the maximum opportunity for all Soldiers to take leave to minimize loss and payment of leave not taken.  Soldiers, who do not take leave, should be cautioned that they may lose leave at the end of the FY.  Also Soldiers who maintain a 60-day leave balance, and wait late in the FY to take leave, will be informed that they risk loss of leave over 60 days if the operational situation requires their presence.  

       b.  This regulation also states that accrued leave that exceeds 60 days at the end of the FY will be lost except for special leave accrual to provide relief to Soldiers who are not allowed leave when undergoing lengthy deployment or during periods of hostility.  Special leave accrual authorizes Soldiers to carry forward up to 90 days of leave at the end of a fiscal year.  Leave accrual in excess of 60 days is credited only for use, not for payment

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show the applicant has been unjustly deprived of payment for 30 days of accrued leave.  He has failed to provide sufficient evidence to prove he was prohibited from using his leave.  

2.  His LES for the period covering 1 to 31 August 2007 shows his current leave balance was 87.5 days and he had 30.0 days of use or lose to take prior to 30 September 2007.  

3.  The governing regulation states that special leave accrual authorizes Soldiers to carry forward up to 90 days of leave at the end of a fiscal year (60 days normal leave carry over plus 30 days special leave accrual).  However, the evidence of record does not indicate he was authorized special leave accrual.  

4.  The Defense Finance and Accounting Service indicated the applicant had accumulated 90 days of leave as of 30 September 2007.  By law, he was authorized to carry forward only 60 days of leave forward at the end of each fiscal year.

5.  Therefore, there is no basis for granting his request for payment for 30 days of accrued leave.

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
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100016942





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ABCMR Record of Proceedings (cont)                                         AR20100016942



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