IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130003188
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 restoration of 46.5 days of leave that were erroneously deleted from his Leave and Earnings Statement (LES) on 30 September 2005.
2. The applicant states:
* he was a member of the U.S. Army Reserve (USAR), mobilized on active duty from 29 March 2003 to 20 July 2010
* he was in charge of a remote detachment away from his higher headquarters and available support
* during April 2005, his leave balance was 60.5 days; however, due to a glitch in the system, his leave balance was deleted by the new Army Reserve Finance System
* due to operational tempo at the time, he did not realize the leave had been deleted
* when he realized the error, he brought it up through the chain of command and the lost leave was replaced to the date it was deleted
* however, the correction led to a loss of 46.5 days of leave due to the "use or lose" policy
3. The applicant provides:
* Email exchanged with USAR pay officials
* April 2005 LES
* 2003 mobilization orders
* Special Leave Accrual slides
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. Having had prior service, the applicant enlisted in the USAR on 20 May 1989. He served through multiple extensions or reenlistments in a variety of assignments and he attained the rank/grade of master sergeant (MSG)/E-8.
3. He was mobilized and entered active duty on 16 February 2003 in support of various operations.
4. He was honorably released from active duty on 20 July 2010 and he was also transferred to the Retired Reserve. Furthermore, he was placed on the Retired List in his retired rank/grade of MSG/E-8 on that date.
5. In the processing of this case, an advisory opinion was received from the Office of the Deputy Chief of Staff, G-1, on 5 July 2013. An advisory official recommended approval of the applicant's request. He stated:
a. The applicant's request was reviewed by the G-1 office, as well as the Defense Finance and Accounting Service (DFAS). A DFAS leave audit indicates that on 30 September 2005, [the applicant's] LES should have reflected 60 days of leave as he had been on tour consecutively from 31 March 2003 - 30 March 2006, and he had taken minimal leave. Consequently, on 30 September 2005, his LES should have reflected a leave balance of 75 days. However, the LES reflected only 14.5 days. All LES's forwarded reflected the incorrect leave balance.
b. The DFAS leave audit determined that 45.5 days of annual leave were deleted, which is the number of days to be re-credited. Since [the applicant] is retired from the Army, the only available option to re-credit him with the 45.5 days of leave is via a monetary reimbursement.
6. The applicant was provided a copy of this advisory opinion but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant, a member of the USAR, served on active duty from 16 February 2003 through 20 July 2013. It appears at some point, due to the switch in finance systems, he lost 60 days worth of leave. When his unit attempted to resolve the issue, he was credited back with 14.5 days. This left him short of 45.5 days.
2. The DFAS leave audit determined that 45.5 days of annual leave were deleted, which is the number of days to be re-credited. Since the applicant is now retired from the Army, the only available option to re-credit him with the 45.5 days of leave is via a monetary reimbursement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by crediting the applicant with 45.5 days of leave and monetary compensating him as if he had sold this leave.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to re-crediting him with 46.5 days of leave.
_______ _ 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) AR20130003188
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ABCMR Record of Proceedings (cont) AR20130003188
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