IN THE CASE OF:	  

		BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130015482 


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 reimbursement of his medical expenses and erroneously-charged regular leave days.

2.  The applicant states, in effect:

   a.  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.  On
2 February 2012, he had routine surgery to repair his knee.  He was due to be medically retired on 11 April 2012; however, he contracted a post-operative staph infection that required him to receive four additional knee surgeries.
   
   b.  His surgeon gave him two separate convalescent leave forms covering him from 16 February to 11 April 2012.  He retired due to temporary disability on 11 April 2012, but he feels he should have been extended on active duty since his final surgery was not until 10 May 2012.
   
   c.  He continued to be treated with prescription antibiotics, but since he was not extended on active duty while completing his treatment he incurred a cost share bill of $2,0131.96.  He paid the bill, but he wants to be reimbursed these medical expenses and the leave days he was erroneously charged.

3.  The applicant provides:

* 11 pages of medical notes
* 2 DA Forms 31 (Leave Request/Authorization)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Numerous Leave and Earnings Statements
* Associated correspondence and a medical bill
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings)

CONSIDERATION OF EVIDENCE:

1.  With regard to the applicant's claim for reimbursement of $2,031.96 he was billed for and subsequently paid to his provider, the Community Base Warrior Transition Unit, Florida, has assisted the applicant with his claim.  On 5 June 2014, a staff member of the Army Board for Correction of Military Records (ABCMR) contacted the applicant to ensure his claim was processed.  The applicant informed the staff member that there was no further action required in reference to this portion of his application; therefore, this portion of the applicant's request will not be further discussed in these proceedings.

2.  The applicant enlisted in the Regular Army on 26 May 2003.  On 26 May 2006, he was released from active duty upon the completion of his required active duty service and transferred to a U.S. Army Reserve (USAR) unit in Florida.  Item 16 (Days Accrued Leave Paid) of the DD Form 214 he was issued at the time indicates the applicant received payment for 50.5 days of accrued leave.

3.  On 13 February 2009, he was ordered to active duty in support of Operation Enduring Freedom.

4.  On 18 October 2011, the applicant underwent a PEB.  The board found the applicant was physically unfit, recommended a combined disability rating of
60 percent, and placed the applicant on the temporary disability retired list.  On
9 November 2011, the applicant concurred with the board's findings and he waived a formal hearing of his case.  On 2 December 2011, the board's findings were approved.

5.  On 11 April 2012, the applicant was retired due to temporary disability.  Item 16 of the DD Form 214 he was issued at the time indicates he received payment for one day of accrued leave.

6.  The applicant provides:

   a.  Evidence that shows he underwent surgery on 16 February 2012, to have his right knee anterior cruciate ligament reconstructed.  He provides evidence of subsequent medical procedures on his knee culminating on 10 May 2012.
   b.  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 he earned one day of leave.

   d.  A copy of his final Leave and Earnings Statement, dated 27 April 2012, that shows he was paid for one day of accrued leave.

7.  During the processing of this case, on 22 October 2013, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1.  The advisory official stated that while recovering from surgery the applicant should have been on convalescent leave, which is a non-chargeable administrative leave period.  The official further stated that the ABCMR should support the applicant's request that his annual leave days charged while recovering from surgery be re-credited and reimbursed (cashed out) at separation.

8.  The applicant was provided a copy of the advisory opinion but did not respond within the given time frame.

9.  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.  It further states that the leave program is designed to encourage the use of leave as it accrues rather than to accumulate a large leave balance.  Soldiers who build their leave balance to the maximum level risk losing their leave should a situation occur that prevents or delays leave use.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was paid a total of 51.5 days (of a maximum 60 days) of accrued leave throughout his military career.

2.  The evidence appears to show and the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, agrees the applicant should have been in a convalescent leave status following his surgery on 16 February 2012.  Therefore, the applicant is due payment of 8.5 days of accrued leave based on his leave balance prior to his surgery.

3.  While it appears the applicant had an accrued leave balance of 84 days on  25 April 2012, had the error not occurred he would only have been eligible to be paid for 8.5 days of accrued leave.  The leave program is designed to encourage the use of leave as it accrues rather than to accumulate a large leave balance.  Soldiers who build their leave balance to the maximum level risk losing their leave should a situation occur that prevents or delays leave use.

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 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 showing he was on convalescent leave from 16 February to 11 April 2012 in lieu of regular leave and paying him for 8.5 days of unused accrued leave which was not paid upon his separation on 11 April 2012, provided he is otherwise eligible, as a result of this correction.



      _________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)                                         AR20130015482





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130015482



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1