IN THE CASE OF:  	  

		BOARD DATE:  3 February 2015	  

		DOCKET NUMBER:  AR20140007757 


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:

* reinstatement of 25 days of missing leave
* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his release date as 27 January 2012
* correction of his DD Form 214 to show award of the Army Commendation Medal (ARCOM)
* pay and allowances for 25 days

2.  The applicant states:

* during his deployment he was injured and continued on active duty in the Wounded Warrior Program at Fort Belvoir, VA
* National Guard and Army Reserve Soldiers were not given 10 business days to out-process; they were required to out-process while on terminal leave
* active duty Soldiers were given 10 business days to out-process
* he had only three days to out-process and he is requesting 7 additional days be reinstated and added to his DD Form 214
* while at Fort Belvoir, he was given permission to attend the Chaplain Brigade Functional Area Course on permissive temporary duty (PTDY) status
* he was told that there were no funds for non-Warrior Transition Unit (WTU) cadre and he could only attend the course at no-cost; he agreed and attended the course
* while attending the course, the WTU decided to charge him ordinary leave and cancel his PTDY
* he is requesting that the 14 days of charged leave be reinstated and added to his DD From 214
* during his out-processing he was asked if he wanted to sell his leave or take transitional leave; he chose transitional leave but the calculations did not include the 2 days of leave he earned during that time 
* he has attempted to get the situation corrected but no one was willing to help
* Army regulations prohibit charging leave while in a duty status; if duty is performed the Government becomes obligated to provide billeting, etc., while on duty
 
3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)
* certificates
* two self-authored statements
* DA Form 31 (Request and Authority for Leave)
* Six Defense Finance and Accounting Service (DFAS) Forms 702 (Military Leave and Earning Statement) 
* excerpt of Army Regulation 600-8-10 (Leave and Passes)
* DA Form 4856 (Developmental Counseling Form)
* Memorandum, subject: [Applicant], dated 31 May 2011
* Memorandum, subject: Request for Reinstatement of Leave for Brigade Chaplain Course, dated 1 November 2011
* two pages of email

CONSIDERATION OF EVIDENCE:

1.  The applicant, while serving in the Army National Guard in the rank of captain, was ordered on 21 October 2009 to a period of active duty not to exceed 400 days.

2.  On 3 August 2010, the U.S. Army Human Resources Command, St. Louis, MO, issued Orders A-08-022170 directing his retention on active duty to complete medical care and treatment.  The orders assigned him to Headquarters, Warrior Transition Battalion, Fort Belvoir, VA.

3.  A memorandum, subject:  [Applicant], dated 31 May 2011, states that the applicant had been cleared to attend the Captain’s Career Course.  It states that the physical therapy section at his TDY station could accommodate the post-op physical therapy he needed while he attended the course.

4.  In an email correspondence dated 3 June 2011, CPT H ______states that the applicant was approved by the WTU to attend the major’s career course, but his career manager at the ARNG said that they would not pay for him to attend.  He also stated that he did not have an approved slot to attend and that he could be projected for a slot in September. 

5.  A DA Form 31, dated 3 June 2011, authorized the applicant PTDY from          6 June 2011 through 17 June 2011.

6.  A Department of the Army Certificate from the U.S. Army Chaplain Center and School, Fort Jackson, SC, shows he completed the Brigade Chaplain Functional Area Qualification Course.  The course dates were 6 June 2011 through   17 June 2011.

7.  In a memorandum, subject:  Request for Reinstatement of Leave for Brigade Chaplain’s Course, dated 1 November 2011, the applicant stated that:

     a.  After arriving at the course, it was decided by the commander that he would not be approved for PTDY and that he would be charged ordinary leave.       He did not agree to this or sign a leave slip.

     b.  While at the course he understood that there was an issue.  He signed another set of leave documents in an attempt to prevent problems.  Those documents were rejected and an ordinary leave form was put in charging him leave without him seeing or signing the document.

     c.  He attended the course in a no cost status to the government and paid out of pocket for all expenses resulting in no-cost to active duty or government

     d.  He understood Captain H______’s concerns about his attendance at the course were that neither the WTU nor active duty had funds for WTU Soldiers to attend courses.  

8.  A DFAS Form 702, dated 15 July 2011, shows he was charged 13 days of leave.

9.  Orders 353-0003, issued by U.S. Army Garrison, Fort Belvoir, VA, dated       19 December 2011, shows he was released from active duty with an effective of                 2 January 2012.

10.  His DD Form 214 for the period ending 2 January 2012 shows, in part, he was awarded one award of the ARCOM.  

11.  A DA Form 638 shows that the applicant was awarded the ARCOM (2nd Award) on 30 July 2012 for the period 26 July 2010 through 30 November 2011.  

12.  Army Regulation 600-8-10, paragraph 5-32 (PTDY authorization) states that PTDY may be authorized to attend certain professional instruction courses under the following conditions:

* A request to attend the course is made by the Soldier of the legal, health care, chaplain, or engineering professions
* The course must be required to maintain State license, certification, registration, or continuing educational requirements in the Soldier’s profession

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

14.  Army Regulation 600-8-101 (Personnel Processing) prescribes policy, standards, and requirements for performing the functions of out-processing.  It states that Soldiers will be given a minimum of 3 working days to out-process unless it is locally determined that Soldiers can out-process quicker.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that 7 days should be added to his DD Form 214 because he should have been given 10 days to out-process from the WTU.
Evidence show he was given the required amount of time to out-process.  Therefore, there is no basis for granting relief. 

2.  He contends that he was given permission to attend the Chaplain Brigade Functional Area Course on PTDY and was later charged ordinary leave.  The applicant submits a DFAS Form 702, dated 15 July 2011, which indicates he was charged 13 days of leave.  However, the form does not specify the actual leave dates.  Therefore, there is an insufficient evidentiary basis for granting his request for reinstatement of leave.

3.  He contends that he should be reimbursed for expenses related to attending the Chaplain Brigade Functional Area Course.  He contends that he should have been placed on temporary duty instead of PTDY or ordinary leave.  

4.   Based on the applicant’s request to attend the Chaplain’s course, PTDY was authorized.  It appears and the applicant acknowledged that he was attending the course in a no-cost status and that there were not any funds for WTU Soldiers to attend courses.  Therefore, there is no basis for reimbursing the applicant for expenses related to attending the Chaplain’s course.

5.  He contends that he earned 2 days of leave that were not included in the calculation for his transitional leave.  However, there is insufficient evidence to determine the status of the additional leave days.  Therefore, there is no basis for granting this request.     

6.  He was awarded the ARCOM (2nd Award) for his active duty service.  Therefore, his DD Form 214 should be corrected to show this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 2 January 2012 as follows:

     a.  deleting the ARCOM; and

     b.  adding the ARCOM (2nd Award) 

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 
much of the application that pertains to reinstatement of 25 days of missing leave and pay and allowances for 25 days.



      _______ _   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)                                         AR20140007757



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ABCMR Record of Proceedings (cont)                                         AR20140007757



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