IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110018213 


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, in effect, cancellation of her debt of $2,781.62 that resulted from the collection of an erroneous leave payment.

2.  The applicant states:

* she originally entered incorrect dates on her DA Form 31 (Request and Authority for Leave) for rest and relaxation (R&R) for the periods 7  to 21 February 2004 and 30 May to 24 June 2004
* she was properly compensated for the R&R leave; but not for the leave balance she had upon release from active duty in May 2004
* she completed the U.S. Army Reserve Command (USARC) Form 24-R (Individual Claim for Active Duty Pay, Allowances, and Adjustments) to receive compensation
* she was finally compensated for the unused leave in 2005; however, shortly after receiving the compensation, the entire amount appeared as a debt on her leave and earnings statement
* she immediately notified Defense Finance and Accounting Service (DFAS) officials to correct the error
* she completed a "protest of debt" and returned it to DFAS
* she also contacted her former unit; but the unit could not assist her properly


3.  The applicant provides:

* Orders M-018-0015, dated 18 January 2003 (mobilization)
* DA Form 31 for the period 7 to 21 February 2004
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 May 2004
* DA Form 31 ("30" May 2004 to 26 May 2004)
* revised DA Form 31 (30 May to 24 June 2004)
* USARC Form 24-R, dated 4 January 2005
* May 2005 Leave and Earnings Statement (LES)
* Orders 09-127-00015, dated 7 May 2009 (USAR discharge)
* DFAS Account Statement, dated 1 July 2010
* DFAS debt notification letter, dated 9 August 2010
* various other LES's or pay printouts

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR for 8 years on 18 April 2000 and held military occupational specialty 88M (Motor Transport Operator).

2.  She was ordered to active duty in support of Operation Iraqi Freedom on 21 January 2003.  She subsequently served in Kuwait/Iraq from 15 May 2003 to 14 May 2004.  She was honorably released from active duty on 26 May 2004 upon completion of required active service.

3.  During her period of active service she accrued leave at the rate of 2.5 days per month as follows:

* 21-31 January 2003 – 1 day
* 1-29 February 2003 – 2.5 days
* 1-31 March 2003 – 2.5 days
* 1-30 April 2003 – 2.5 days
* 1-31 May 2003 – 2.5 days
* 1-30 June 2003 – 2.5 days
* 1-31 July 2003 – 2.5 days
* 1-31 August 2003 – 2.5 days
* 1-30 September 2003 – 2.5 days
* 1-31 October 2003 – 2.5 days
* 1-30 November 2003 – 2.5 days
* 1-31 December 2003 – 2.5 days
* 1-31 January 2004 – 2.5 days
* 1-28 February 2004 – 2.5 days
* 1-31 March 2004 -2.5 days
* 1-30 April 2004 -2.5 days
* 1-26 May 2004 – 2.5 days
* total leave earned – 41 days

4.  While deployed she took R&R leave from 7 to 21 February 2004 (15 days).

5.  On 26 May 2004 in connection with her demobilization, she submitted a request for 28 days of transition leave, but she erroneously listed her dates as "30" May 2004 to 26 May 2004.

6.  Her DFAS records show she took 26 days of transition leave from 1 to 26 May 2004.  This leave was posted at DFAS after she received a lump sum payment on 13 April 2005.

7.  On 4 January 2005, she submitted a claim for active duty pay, allowances, and adjustments, wherein she stated she earned 41 days of leave from 21 January 2003 to 26 May 2004.  She used 14 days of that accrual and she was due payment for 27 days of leave.

8.  On 12 February 2005, she submitted a corrected leave form indicating her transition leave was 26 days from "30 May 2004 to 24 June 2004."  She indicated the first leave form was filled out incorrectly.

9.  Her LES covering the period 11 May 2005 shows she was paid for 46 days of leave.  The LES also indicated she had an accrued leave debt of $2,781.62.  A breakdown of this debt is as follows:

* $1,814.10 basic pay ÷ 30 days = $60.47
* $60.47 x 46 days = $2,781.62
* the 46 days versus 41 days was a result of an adjustment to her master leave record

10.  On 1 July 2010, she received an account statement from DFAS advising her that she had a remaining debt of $2,781.15 due to collection of an erroneous leave payment on 26 May 2004.

11.  On 10 August 2010, DFAS notified her by letter that she was previously advised of the $2,781.62 indebtedness to the United States Government.  The debt was identified as a collection of an erroneous payment of accrued leave that she was paid on 13 April 2005.  The debt remained valid.  She was further provided copies of the entry where the collection appears and also where the payment was made.
12.  An advisory opinion was obtained from Headquarters, USARC, Fort Bragg, NC, dated 22 February 2012, in the processing of this case.  An official recommended disapproval of the applicant's request for remission of the leave debt.  The official stated:

	a.  The applicant was mobilized on 21 January 2003.  At the beginning of her mobilization, she had a zero leave balance.  During her mobilization, she took leave but her DA Form 31 (leave form) was not submitted to the pay section at the demobilization station when she was outprocessing from mobilization.  

	b.  The applicant chose to be paid for her leave balance at the demobilization station.  Her leave balance was incorrect because her DA Form 31 for the leave she had taken was not submitted to the pay section at the demobilization station. 

	c.  The applicant was released from active duty on 26 May 2004.  The DA Form 31 she submitted was for transition leave for the period 30 May to 24 June 2004.  Transition leave cannot be taken after release from active duty.  According to the evidence that was submitted there is no indication that she had any leave to take based on payment of the leave and her use of leave while on mobilization.

	d.  A representative from the USARC G-8 reviewed her LESs and confirmed she had cashed in leave at the installation where she out-processed for mobilization.  This is the same leave that she used while she was mobilized.  Once the DA Form 31 was processed by DFAS, the leave she cashed in resulted in the debt.

13.  In her rebuttal, the applicant reiterated her position regarding the debt and chronicled her attempts in resolving this issue with DFAS.  

DISCUSSION AND CONCLUSIONS:

The applicant earned 41 days of leave during her period of active service and she used it all in the form of R&R and transition leave.  She took R&R from 7 to 21 February 2004 (15 days).  She also took leave from 1 to 26 May 2004 (26 days) and she was paid for this leave.  After the last period of leave was posted to her records a debt was created for overpayment.  There is neither an error nor an injustice in her leave account.  Therefore, she is not entitled to the requested relief.




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 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)                                         AR20110018213



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ABCMR Record of Proceedings (cont)                                         AR20110018213



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