IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130010716
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, reimbursement for 47 days of accrued leave that were not paid at the time of his separation.
2. The applicant states he earned 47 days of leave; however, they were taken away without notification or explanation.
3. The applicant provides:
* letter to the Defense Finance and Accounting Service (DFAS), dated 24 February 2012
* DFAS letter, dated 24 August 2012
* DFAS Forms 702 (Military Leave and Earnings Statement) for the periods 10 October 2007, 7 November 2007, 15 November 2007, and 31 December 2007
* DFAS-Cleveland Form 7220/148 (Retiree Account Statement), dated 9 April 2013
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. On 2 May 1986, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant. He entered active duty on 8 October 1986 and was released from active duty on 31 December 1996. He was promoted through the ranks to lieutenant colonel.
3. He was ordered to active duty effective 9 July 2004. U.S. Army Garrison Stuttgart Transition Center, Germany, Orders 264-001, dated 21 September 2007, released him from active duty and assigned him to the U.S. Army Reserve Control Group (Reinforcement) effective 30 September 2007.
4. The applicant's leave and earnings statement for 10 October 2007 shows he had a leave balance of 47 days. His leave and earnings statements for 7 November 2007 and 15 November 2007 also show he had a leave balance of 47 days. His leave and earnings statement for 31 December 2007 shows he had a leave balance of 3.5 days.
5. U.S. Army Human Resources Command, St. Louis, MO, Orders
M-11-702902, dated 19 November 2007, ordered the applicant to active duty not later than 23 November 2007 under partial mobilization authority in support of Operation Enduring Freedom for a period not to exceed 366 days.
6. On 30 November 2008, the applicant retired from active duty service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2008 shows he completed 1 year and 8 days of active service during this period and 21 years and 11 days of total active service.
7. During the processing of this case an advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, which states a DFAS audit of the applicant's leave history indicates that "between September 2007 and November 2007 he had a break in service. This break of at least 1 day between mobilization orders would require that any unused leave be cashed out at separation. This did not occur, nor was the 47 days leave carried over to the new mobilization order that commenced on 23 November 2007. Consequently, the applicant is due payment for the 47 days of unused annual leave based on the 2007 Base Pay Table rate for his grade and time in service." The Office of the Deputy Chief of Staff, G-1, recommended approval of the applicant's request for reimbursement for the 47 days of leave that were not paid upon his separation in September 2007.
8. 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. It states that payment of accrued leave up to a limit of 60 days is permissible one time during a military career.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. The available evidence appears to show he is due payment for 47 days of unused leave based on the 2007 Base Pay Table rate for his grade and time in service.
3. In accordance with the applicable regulation, payment of accrued leave up to a limit of 60 days is permissible one time during a military career.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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
paying him for 47 days of unused leave that were not paid upon his separation in September 2007 if otherwise eligible.
______________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) AR20130010716
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010716
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003414
IN THE CASE OF: BOARD DATE: 29 September 2015 DOCKET NUMBER: AR20150003414 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, when he left the Army he had accrued a total of 76 days of leave. His LES for the period 1-31 July 2014, which shows he had a leave balance of 76 days and had been previously paid for 60 days of accrued leave.
ARMY | BCMR | CY2013 | 20130015482
He was charged regular leave while on convalescent leave in addition to being billed for treatment for an infection that occurred while on active duty. The applicant provides: a. Evidence that shows an orthopedic surgeon at MacDill Air Force Base, FL, recommended convalescent leave from 16 February to 11 March and 11 March to 11 April 2012. c. A Leave and Earnings Statement for 25 April 2012 that shows he began the period with a leave balance of 84 days, he was charged 84 days leave, and...
ARMY | BCMR | CY2006 | 20060000805C070205
The applicant also essentially stated that at the time of his discharge from the Army National Guard and transfer to the Retired Reserve, he had accrued approximately 100 days of leave. The applicant’s leave and earning statement for the period 1 to 30 September 2003 shows, in pertinent part, that he had a leave balance of 99 days. Records provided by DFAS indicate that the applicant was not paid for 39 days of leave.
ARMY | BCMR | CY2011 | 20110018213
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...
ARMY | BCMR | CY2010 | 20100016942
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) * wasnt 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. The evidence of record does not show the applicant has been unjustly...
ARMY | BCMR | CY2014 | 20140010277
Consequently, there is no authority to reimburse him for the unused 25.5 days of leave. Army Regulation 600-8-10 (Leave and Passes) cautions Soldiers who maintain a maximum leave balance (sold maximum number of leave days) that they risk loss of leave if the situation prevents them from taking leave before the end of the fiscal year/retirement/separation. (2) in paragraph 2-3 (Leave accrual), Soldiers on active duty earn 30 days of leave a year with pay and allowances at the rate of 2.5...
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 | 20090020411
The applicant requests remission or cancellation of indebtedness resulting from an overpayment caused by an error in the calculation of his leave balance upon demobilization in 2006. He was provided with a copy of this advisory opinion and submitted a rebuttal on 24 May 2010, wherein he stated that at the time of his demobilization, he advised the finance official that he only had 17 days of leave but the official insisted that the leave balance was 45 days. Further, it may be remitted or...
ARMY | BCMR | CY2014 | 20140007725
The applicant states, in effect, that he elected to have his PDMRA added to his active duty time and his PDMRA was incorrectly calculated as being only 1 day instead of 25 days which denied him additional active duty time, pay and allowances for 24 additional days of leave time, 24 retirement points, 24 days of Tri-care, and 24 days of TAMP benefits. Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty under the...
ARMY | BCMR | CY2014 | 20140007725
The applicant states, in effect, that he elected to have his PDMRA added to his active duty time and his PDMRA was incorrectly calculated as being only 1 day instead of 25 days which denied him additional active duty time, pay and allowances for 24 additional days of leave time, 24 retirement points, 24 days of Tri-care, and 24 days of TAMP benefits. Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty under the...