IN THE CASE OF:	  

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20130022317 


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 payment for 34 days of leave.

2.  The applicant states that while he was on temporary duty (TDY) orders to Fort Knox from 5-7 September 2011 he was placed on military leave by the Warrior Transition Unit (WTU).  A DA Form 31 (Request and Authority for Leave) not signed by him and not sent to anyone in his command was submitted to the Defense Finance and Accounting Service (DFAS) charging him with 34 days of leave.  He was not informed of this status even though he called in every day per WTU guidance.

3.  The applicant provides:

* DD Form 1610 (Request and Authorization for TDY Travel of Department of Defense Personnel)
* paid travel voucher statement for 5-7 September 2011
* DA Form 31
* September 2011 Time and Attendance Card 

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty from the U.S. Army Reserve on 23 April 2009 in support of Operation Iraqi Freedom.  On 10 October 2011, he was released from active duty after completing 2 years, 5 months and 18 days of active service. 

2.  Item 16 (Days Accrued Leave Paid) of the DD Form 214 issued when he was released from active duty shows the entry "0."

3.  He provides a DD Form 1610, dated 26 August 2011, showing approximately 2 days of TDY to Fort Knox, KY and return from Crescent Springs, KY beginning on 5 September 2011.  He provides a travel voucher statement showing he was paid for travel from 5 to 7 September 2011. 

4.  He provides a DA Form 31, dated 24 August 2011, which shows he was placed in an ordinary leave status beginning 7 September 2011.  The form shows he had 34 days of accrued leave and requested 34 days of ordinary leave.  The form contains an electronic signature other than his in the requestor block.

5.  He provides a "CBWTU-IL" Monthly Time and Attendance Card for September 2011 listing his name.  It shows his TDY status to Fort Knox from 
5-7 September 2011.  Though it does not show where and if he performed duty for most of the month it does appear to show that he was credited with being in a duty status during the month of September 2011.  He does not provide a Monthly Time and Attendance Card for the period 1-10 October 2011.

6.  On 13 November 2013, he was transferred to the Retired Reserve.  He was placed on the Retired List on 14 November 2013.

7.  On 22 April 2014, the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion.  The advisory official stated the documents provided by the applicant regarding his request for reimbursement of 34 days of leave during his out-processing from active duty were reviewed.  Based on the review, that office recommended approval of the applicant's request.

8.  The advisory official stated that the applicant had provided additional documentation and narrative to substantiate that the WTU, Rock Island, IL may have improperly charged him for 34 days leave during his out-processing.  Based on the WTU Monthly Time and Attendance Card for September 2011, the applicant was present for duty or properly accounted for.  This was certified by the 15th Psychological Operations Battalion Unit Administrator.  The 2-year period that had elapsed since his release from active duty made it difficult to contact the WTU personnel listed on the DA Form 31 to determine the basis for the decision to charge the applicant for 34 days of leave.  However, there is no reason to doubt that he unsuccessfully tried to resolve this when he first identified the error in 2011. 

9.  The applicant was provided a copy of the advisory opinion for comment or rebuttal.  He did not respond in the time allotted.

10.  A review of his military record revealed that he was paid for 23 days of accrued leave upon his release from his period of active duty ending on 18 February 1983.

11.  Volume 7A, chapter 35, of the Department of Defense Financial Management Regulation provides for separation payments, including accrued leave pay.  Paragraph 350101A2 states effective February 10, 1976 a military member is entitled to receive payment for no more than 60 days of accrued leave during a military career.  Table 35-1 provides rules for payment of accrued leave to officers and enlisted members who separate without immediate reentry on active duty.  Rule 2 states accrued leave is payable if a member has been on active duty for 30 or more consecutive days and is separated under honorable conditions.  

12.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system.  It establishes the standardized policy for the preparation of the DD Form 214.  It states for item 16, as provided by the local finance office, enter the number of days of accrued leave being paid to the Soldier, and if none enter "0."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should not have been charged for 34 days of leave.  It appears that he was in a duty status during the period for which he was charged for 34 days of leave, which he alleges he did not request or was even aware of at the time. 

2.  In accordance with applicable law and regulations, it appears the applicant is eligible for payment for 34 days of accrued leave.  Therefore, it would be appropriate to pay him for that leave.
 
3.  As a result of the above recommended action, the entry in item 16 of his DD Form 214 should be replaced with "34."


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 did not take 34 days of leave from 9 September – 10 October 2011
* paying him at the appropriate 2011 rate for 34 days of accrued leave 
* replacing the entry in item 16 of his DD Form 214 for the period ending 
10 October 2011 with "34"




      _______ _   _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)                                         AR20130022317





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ABCMR Record of Proceedings (cont)                                         AR20130022317



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