IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140003711
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, that he be paid for 20 days pay and allowances.
2. The applicant states, in effect, that he lost 20 days of leave when he retired on 31 January 2014 because finance personnel gave his unit the wrong information in regard to how his leave form was to be filled out in determining when his transition leave would begin. He goes on to state that errors were made by several agencies and himself in determining when he would begin transition leave so that he would not lose any leave. However, when it was all said and done he had lost approximately $5,000 in pay and allowances. Additionally, he contacted finance officials at Fort Benning, Georgia and was told that nothing could be done in his case.
3. The applicant provides copies of his leave form (DA Form 31), Leave and Earnings Statement, and separation orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 28 July 1987. He completed his training as an infantryman and remained on active duty through a series of continuous reenlistments. He was promoted to the rank of command sergeant major (CSM) on 1 September 2006.
2. On 24 September 2013, the applicant departed on 110 days of permissive temporary duty (TDY). His Leave and Earnings Statement ending in September 2013 shows a leave credit balance of 97.5 days and 25 days of use or lose leave.
3. On 31 January 2014, the applicant was retired due to sufficient service for retirement. He had served 26 years, 6 months, and 3 days of creditable active service. He was placed on the Retired List effective 1 February 2014.
4. The applicants Leave and Earnings Statement ending January 2014 shows the applicant lost 20 days of leave.
5. Army Regulation 600-8-10 serves as the authority for leaves and passes. It states, in pertinent part, that Congress has provided compensation (no more than 60 days in a military career) for Soldiers who were not able to use their leave because military requirements prevented it. Soldiers will not be required to use leave immediately prior to separation simply for the purpose of reducing leave balances. On the other hand, use of leave as an extra money program defeats the intent of Congress to provide for the health and welfare of Soldiers. It should not be used either as a method of compensation or as a career continuation incentive. It is specifically intended that large leave balances will not be accrued expressly for settlement upon release from active duty. Additionally, leave will not be granted that will interfere with timely processing or transition.
6. Department of Defense (DOD) Financial Management Regulation (also known as the DOD Pay Manual) provides, in pertinent part, that beginning on 10 February 1976, a military member may not be paid for more than 60 days of accrued leave during a career. An exception to that provision was approved effective 2 August 1990, which allowed Reserve and Retired Component members who were called to active duty during the Persian Gulf Conflict to be paid for accrued leave over the 60-day limit.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be paid for his lost leave because he was improperly advised by finance personnel has been noted and while the sincerity of his claim is not in doubt, management of a Soldiers leave account is the responsibility of the individual Soldier.
2. While it is unfortunate that the applicant may have lost some of his accrued leave at the time of his separation, he has failed to show through the evidence submitted with his application or the evidence of record that he was unjustly denied the opportunity to take ordinary or transitional leave at some time prior to his scheduled separation date.
3. Although it is not the intent of the Government that Soldiers lose their accrued leave, Soldiers are routinely denied transition leave due to mission essential needs. There are no guarantees that transition leave will always be approved or that circumstances will change that prevent one from taking transition leave, which is an inherent risk in accumulating large sums of leave for such purposes.
4. Notwithstanding the foregoing conclusions, there are no provisions in the applicable law that allows for payment to the applicant for leave lost.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20140003711
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ABCMR Record of Proceedings (cont) AR20140003711
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