IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130007208
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 a granting of Special Leave Accrual with recoupment of lost leave.
2. The applicant states he was assigned as a non-medical attendant from 1 November 2011 to 8 September 2012 and was acting as a primary care-giver to another wounded warrior.
3. The applicant provides copies of a 1st Battalion, 145th Aviation Regiment memorandum; an Officer Record Brief (ORB); 11 Leave and Earnings Statements (LESs); his separation orders; and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant, a chief warrant officer two with prior enlisted service, served on active duty from 24 June 2008 through 29 November 2012 when he was placed on the Temporary Disability Retired List (TDRL).
2. His ORB contains no information as to the applicant's duty assignments other than that he was assigned to Fort Rucker, AL, on 23 July 2008 as an "Assigned Temp."
3. The LESs for the period 1 November 2011 through 30 September 2012 all show 15 days of lost leave with 30 days of use or lose.
4. A 12 October 2012 memorandum from the 1st Battalion, 145th Aviation Regiment commander recommended approval the applicant's request for recoupment of 30 days of lost leave. The commander provides the following:
a. The applicant arrived at Fort Rucker on 24 June 2008.
b. He was assigned as a non-medical attendant from 1 November 2011 to 8 September 2012.
c. He acted as the primary care-giver for another service member who was recovering from multiple combat-induced injuries.
d. The applicant elected to not take leave during this time in order to best support his fellow Soldier.
e. The commander aggressively supports the use of 30 days leave each year but the battalion failed to recognize the applicant's situation and did not prevent him from losing the leave.
5. The applicant's electronic records do not include any evidence of why he was assigned as a non-medical attendant or what condition or conditions resulted in his placement on the TDRL. Nor is there any information on the process of his request for restoration of his lost leave.
6. Army Regulation 600810 (Leaves and Passes) prescribes the policies and mandated operating tasks for the leave and pass function of the Military Personnel System. It provides that:
a. Commanders will 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.
b. Soldiers who build their leave balance to the maximum level risk losing their leave should a situation occur that prevents or delays leave use.
c. The intent of Special Leave Accrual is to provide relief to Soldiers who are not allowed leave when undergoing lengthy deployment or during periods of hostility.
d. Special Leave Accrual is authorized to Soldiers who served in an area in which he or she was entitled to hostile fire or imminent danger pay for at least 120 continuous days.
e. Soldiers assigned to a designated deployable ship, designated mobile unit, or other similar prescribed duty may be authorized special leave accrual if operational requirements prevented use of leave.
f. Soldiers who meet all the following conditions may also qualify for special leave accrual:
(1) Deployed for a lengthy period, normally 60 or more days;
(2) Deployed to meet a contingency operation of the United States;
(3) Deployed to enforce national policy or an international agreement based on a national emergency or in the need to defend national security;
(4) Prevented from using leave through the end of the FY because of deployment.
g. The criteria for Special Leave Accrual is based on law. Therefore, exceptions are not permitted.
DISCUSSION AND CONCLUSIONS:
1. While the applicant is to be commended for wishing to provide a continuity of care to a fellow Soldier, his election to not take leave was a voluntary act and does not meet any of the provisions under the law for granting Special Leave Accrual.
2. Therefore, there is no provision in law or regulation to allow for a granting of Special Leave Accrual or allow for recoupment of lost 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) AR20130007208
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007208
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080013908
MO stating that, since the lost leave did not accrue as a result of mobilization or deployment, the applicant's request was denied. Also, Soldiers who maintain a 60-day leave balance, and wait until late in the fiscal year to take leave, will be informed that they risk loss of leave over 60 days if the operational situation requires their presence; c. Paragraph 3-1 states that the intent of special leave accrual is to provide relief to Soldiers who are not allowed leave when undergoing...
ARMY | BCMR | CY2012 | 20120021108
The applicant states he: * lost 17.5 days of leave due to "Use/Lose" in FY 2010 * was assigned to the Warrior Transition Unit (WTU) on 19 May 2010 * was not afforded an opportunity to take leave prior to 1 October 2010 due to the number of appointments and the time between the appointments * requested permission to submit an exception to policy prior to his medical retirement on 27 May 2011, but his command denied it * is requesting an exception to policy as a Reservist who served on active...
ARMY | BCMR | CY2011 | 20110003997
In FY 2010, he earned 27 days (1 October 2009 through 24 August 2010) accruing a leave balance of 124.5 days of leave. k. the Commanding General, Army Human Resources Command, is the approval authority for requests for special leave accrual. DFAS records also show he earned 27 days (1 October 2009 through 24 August 2010) in FY 2010, accruing a leave balance of 124.5 days of leave.
ARMY | BCMR | CY2009 | 20090020301
The applicant requests that the 19 days of leave restored to him by the Army Board for Correction of Military Records (ABCMR), which he subsequently lost again, be again restored to him. As a result, the ABCMR recommended that the applicant's records be corrected by adjusting his leave balance to show restoration of 19 days of leave lost at the end of fiscal year 2007 under the provisions of the special leave accrual authority. f. Paragraph 3-2c states the Soldiers assigned to a designated...
ARMY | BCMR | CY2011 | 20110019779
This memorandum stated: a. the applicant submitted an official request for the recoupment of 15.5 days of personal leave that was surrendered upon release from active duty on 14 November 2008; and b. while under the BG's command in SOCKOR the applicant was unable to utilize all of his accrued leave due the following mitigating circumstances: * The applicant was awaiting the disposition of his case with the Department of the Army Selective Continuation Board * Personnel shortages in his...
ARMY | BCMR | CY2009 | 20090000725
It further shows that the applicant took leave upon his return from deployment and that he lost 15 days of leave. The evidence of record in this case confirms that during FY 2002 the applicant had taken 11 days of leave prior to his deployment to Puerto Rico from 24 May 2002 to 13 September 2002 and that he was denied authorization to take his previously scheduled leave upon his return from deployment because of additional unit mission requirements, which resulted in his losing 15.5 days of...
ARMY | BCMR | CY2004 | 20040007233C070208
On 12 September 2003 the applicant requested 128 days of leave from 25 January 2004 to 31 May 2004, 108 days of which were accrued leave, and 20 days of which were permissive TDY (25 January 2004 to 13 February 2004). The MC was further informed that there were no provisions under the law that allowed Soldiers to cash in leave after separation from military service; however, the Army Board for Correction of Military Records had the authority to approve request for exceptions to policy. ...
ARMY | BCMR | CY2007 | 20070016000
The following members, a quorum, were present: The Board considered the following evidence: Exhibit A - Application for correction of military records. She used 22 days while serving in Germany and 8 days on route to her BNCOC, or which 20 days used did not qualify as combat zone leave; thereby, precluding her from accumulating SLA beyond 67 days. The evidence of record in this case confirms that upon her departure from Iraq on 31 October 2006, the applicant had 85.5 days of accrued leave...
ARMY | BCMR | CY2013 | 20130021564
The applicant states: a. g. SLA authorizes Soldiers to carry forward up to 90 days of leave at the end of an FY (60 days of normal leave carry over plus 30 days of SLA). By law, there is no authority to grant SLA to Soldiers who lose leave due to injury or hospitalization.
ARMY | BCMR | CY2004 | 20040010385C070208
The evidence of record confirms special leave accrual provisions for all military members have been in effect, in some form, since fiscal year 2001. The evidence of record in this case confirms the applicant was authorized special leave accrual based on his deployments in support of the GWOT. The December 2003 LES he provides shows he was allowed to bring forward 90 days, as opposed to 60 days, of accrued leave at the end of fiscal year 2003, as was authorized by the special leave accrual...