IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140016980
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 for 3 days of leave and overpayment of his Servicemen's Group Life Insurance (SGLI).
2. The applicant states:
* he was charged leave for 3 days near the end of his career when he was actually on travel orders to a medical facility
* he was on travel orders on 19, 23, and 24 December 2013 and the travel vouchers for these days were not processed until 28 January 2014 which was after the final audit of his pay
* pay for himself and his spouse was withheld twice for December 2013
* an official at the U.S. Army Human Resources Command told him his transition leave could not be broken once it was started
* he was charged an extra day of leave in November, but this was corrected in December
3. The applicant provides:
* two Defense Finance and Accounting Service (DFAS) Forms 702 (Military Leave and Earnings Statement)
* two travel orders
* two Defense Travel System accounting details and document histories
* payment receipt
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 4 December 1982.
2. On 22 August 1989, he was ordered to active duty in an Active Guard Reserve (AGR) status under Title 32, U.S. Code. He was released from active duty on 17 December 2003 to continue on active duty in another status.
3. On 18 December 2003, he was ordered to active duty in support of Operation Iraqi Freedom (mobilization) under Title 10, U.S. Code. He was released from active duty on 27 February 2005 upon completion of required active service with concurrent orders to active duty in an AGR status under Title 32, U.S. Code.
4. On 28 February 2005, he was ordered to active duty in an AGR status under Title 32, U.S. Code. He was released from active duty on 14 April 2009 to continue on active duty in another status.
5. On 15 April 2009, he was ordered to active duty in support of Operation Iraqi Freedom (mobilization) under Title 10, U.S. Code. He was released from active duty on 1 April 2010 upon completion of required active service with concurrent orders to active duty in an AGR status under Title 32, U.S. Code.
6. On 2 April 2010, he was ordered to active duty to serve as an operations noncommissioned officer for a period of 3 years, 8 months, and 2 days in an AGR status under Title 32, U.S. Code.
7. On 10 April 2012, he extended his enlistment for a period of 3 years.
8. Records show he was issued orders for AGR medical travel for 3 days between 19 and 23 December 2013.
9. On 31 December 2013, he was honorably retired from active duty.
10. On 30 December 2014, the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, recommended approval of the applicant's request and provided an advisory opinion that stated:
a. The DFAS audit of the applicant's leave history indicated he should not have been charged leave during the 3-day temporary leave period of 19, 22, and 23 December 2013 and he is due reimbursement in the amount of $446.84.
b. The calculation is based on the 2005 base pay rate ($4,465.20) for an
E-8 with over 26 years of service (3 days of leave at $148.184 daily rate = $446.84) which DFAS should verify before payment.
c. DFAS verified the applicant's SGLI/Family SGLI payments listed on his December 2013 Leave and Earnings Statement was billed twice in the amount of $52.00. Consequently, the applicant is due reimbursement for overpayment.
11. On 5 January 2015, a copy of the advisory opinion was provided to the applicant for review and comment.
12. On 14 January 2015, the applicant provided a response and stated:
a. The advisory opinion was in error in reference to the year of his base pay rate. The year stated should have been 2013 instead of 2005.
b. His years of service were incorrectly listed as 26 years of service instead of over 30 years of service with the monthly pay scale of $5,519.26.
c. He calculates the 3 days of pay due should be $559.13 instead of $446.84.
13. On 30 April 2015, the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, was asked to review the advisory opinion based on the applicant's response.
14. On 15 June 2015, a revised advisory opinion was provided with a recommendation for approval of the applicant's request. The advisory shows:
* the 2013 pay scale for an E-8 with over 30 years of service ($5,591.40 monthly) should have been used (3 days of leave at $186.38 daily rate = $559.14)
* the applicant should be reimbursed $559.14 for 3 days of leave
* DFAS verified his SGLI/Family SGLI payments listed on his December 2013 Leave and Earnings Statement was billed twice in the amount of $52.00
* the applicant is due reimbursement for the overpayment of SGLI/Family SGLI
15. On 16 June 2015, a copy of the revised advisory opinion was provided to the applicant for review and response. On the same date, he provided a response in which he stated he agreed he was due reimbursement of $559.14 for 3 days of leave and $52.00 for overpayment of SGLI/Family SGLI.
16. The applicant provided two DFAS Forms 702 for December 2013 that show his pay grade as E-8 with 31 years of service and deductions for SGLI in the amount of $27.00 and Family SGLI in the amount of $25.00 from his mid-month pay and end of month pay.
17. The applicant also provided orders for 3 days of temporary duty for
19, 23, and 24 December 2013 with Defense Travel System accounting details and document histories.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was erroneously charged for 3 days of leave while he was on AGR medical travel orders. Therefore, he is entitled to reimbursement of $559.14.
2. His December 2013 DFAS Form 702 shows he was billed twice for both SGLI in the amount of $27.00 and Family SGLI in the amount of $25.00. He is entitled to reimbursement in the amount of $52.00 for overpayment of SGLI/Family SGLI.
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:
* reimbursing him $559.14 for 3 days of leave
* reimbursing him $52.00 for overpayment of SGLI/Family SGLI
_______ _ _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) AR20140016980
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