IN THE CASE OF:	  

		BOARD DATE:  27 March 2012

		DOCKET NUMBER:  AR20110018303 


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, that her DA Form 31 (Request and Authority for Leave), dated 11 December 2007, for emergency leave be corrected to show the actual dates she originally requested and was granted by her commander.  

2.  The applicant states she originally requested and was granted 16 days of emergency leave and this is the leave she actually took.  She claims her original form was replaced by a form with several errors.  She states she departed on leave 12 December and returned on 27 December 2007; however, when she picked up a copy of her leave form upon return she discovered she had erroneously been signed out on 2 December 2007.  She also discovered she was not signed in, on 27 December 2007, the date she returned, but rather on 
3 January 2008.  She further states she was told not to worry by a local finance official who indicated she could have her supervisor call her to verify she returned on 27 December 2007 and the leave form would be amended.  

3.  The applicant provides a self-authored statement, DA Form 31, Debit Transaction Register, and electronic mail (e-mail) between her and the Defense Finance and Accounting Service.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows after having served in an enlisted status, the applicant was appointed as a warrant officer one, on 19 January 2006, and entered active duty in that status.  On 3 April 2008, she was honorably discharged by reason of failure to complete a course of instruction.  She completed 2 years, 2 months, and 15 days of active service.

3.  The applicant’s record is void of any documents related to the leave in question.  The applicant provides a DA Form 31, dated 11 December 2007, which shows she requested emergency leave from 12 December to 
27 December 2007, and this leave was approved.  This document also shows she signed out on leave on 2 December 2007 at 1035 hours and that she returned from leave at 1645 hours on 3 January 2008.  She also provides a bank checking account statement, dated 4 January 2008, that indicates she had debit purchases from the Fort Rucker, Alabama Commissary, on 28 December 2007.  

4.  Army Regulation 600-8-10 (Leaves and Passes) prescribes the policies and mandated operating tasks for the leave and pass function of the Military Personnel System.  Paragraph 12-1 contains the procedures for processing leaves.  It states chargeable leave will begin and end on post, at the duty station, or in the location from which the Soldier regularly commutes to duty.  Soldiers will be physically present in the local area (defined as on post, duty station, or in the location from which the Soldier regularly commutes to duty) at the beginning and ending of leave.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct her leave form has been carefully considered and found to have merit.  The DA Form 31 provided by the applicant has many inconsistencies and should have been corrected during the reconciliation process between the finance office and battalion S-1.  

2.  However, what is clear is the DA Form 31 in question was not prepared until 11 December 2007 and the leave request dates were from 12 to 27 December 2007.  As a result, it would appear to confirm the applicant’s assertion that she did not begin her leave until 12 December 2007.  Further, given there is no indication the applicant’s leave was extended or that there was a change in her duty status to absent without leave after her leave expired.  In addition, she provides a checking account statement showing she was physically present at Fort Rucker, on 28 December 2007, which provides corroboration of her statement she returned to Alabama late on 27 December 2007.

3.  In view of the facts of this case, it appears clear several errors were made on the applicant’s leave form.  The supporting documents provided by the applicant and the core data on the DA Form 31 seem to clearly establish the applicant’s leave was approved on 11 December 2007 for 16 days from 12 to 27 December 2007.  

4.  Absent any official documentation explaining why she would have departed on leave 9 days before the form was prepared, or that confirms any official duty status change based on her not reporting back on time, it appears the applicant’s claim that she took the amount of leave on the dates that were approved is credible.  As a result, it would be appropriate to correct the applicant’s leave form and record to show she is responsible for 16 days of chargeable leave from 
12 December to 27 December 2007 and to reimburse her any money collected as a result of the error in the leave period in question. 

BOARD VOTE:

___X____  ___X.___  ____X__    GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION















BOARD DETERMINATION/RECOMMENDATION:

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 amending her 11 December 2007 DA Form 31 to show she departed on leave on 12 December 2007 and returned from leave on 27 December 2007 which resulted in 16 days of chargeable leave and by reimbursing her any money collected based on the incorrect period of chargeable leave for the period in question. 



      _______ _   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)                                         AR20110018303



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018303


4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1