IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150003414
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, payment of 60 days of unpaid leave.
2. The applicant states, when he left the Army he had accrued a total of 76 days of leave. He planned to take 14 days of permissive temporary tour of duty (PTDY) and ordinary leave totaling 90 days. The day before he was to out-process, his battalion commander refused to sign his leave form, stating there was no reason for a noncommissioned officer to have that much leave. He was allowed only 60 days of transition leave and he was never paid for the remaining 30 days. He was not able to sell his leave back to the Army and he would like to be paid for his unused leave.
3. The applicant provides:
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement (LES)) covering the period 1-31 July 2014
* DA Form 31 (Request and Authority For Leave), for the period 25 August 2014 through 23 October 2014
* LES, covering the period 1-23 October 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 23 October 2014
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 9 June 1999.
2. The applicant was honorably retired from the Army on 23 October 2014 by reason of permanent disability following the completion of 15 years, 4 months, and 15 days of active military service. His DD Form 214 shows he was retired in the rank/grade of staff sergeant (SSG)/E-6.
3. He provides:
a. His LES for the period 1-31 July 2014, which shows he had a leave balance of 76 days and had been previously paid for 60 days of accrued leave.
b. His leave form, which shows he was approved to take PTDY and transition leave during the period 25 August 2014 through 23 October 2014. Item 17 (Remarks) of his leave form states his PTDY would begin on 24 August 2014 [sic] and his transition leave would begin on 13 September 2014.
c. His LES for the period 1-23 October 2014, which shows he was charged leave for the period 15 September through 23 October 2014, his leave balance was adjusted to show no remaining leave, and he was previously paid for 60 days of accrued leave.
4. In the processing of this case, an advisory opinion was provided on 12 March 2015 by the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army. This official recommended denial of the applicant's request for payment of 30 days of unused leave at retirement, citing:
a. Title 37, U.S. Code, section 501, which provides that "the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was previously made under this section after February 9, 1976."
b. "[The applicant's] finance records indicate he had previously sold back to the Government sixty (60) days of annual leave, which is the maximum number of leave days that can be sold back/reimbursed in a career. Consequently, there is no authority to reimburse him for any additional unused leave, regardless of the circumstances that prevented his use of the leave before retirement."
5. A copy of this advisory opinion was provided to the applicant on 13 March 2015, to provide him an opportunity for comment and/or possible rebuttal. He did not respond.
6. Army Regulation 600-8-10 (Leaves and Passes) provides for the policies and procedures regarding the use of regular and special passes. Paragraph 2-4 contains the policy for payment of accrued leave. It states, in pertinent part, that by law, payment of accrued leave is limited to 60 days one time during a military career, unless earned in a missing status.
DISCUSSION AND CONCLUSIONS:
By law and regulation, payment of accrued leave is limited to 60 days during a military career. The applicants LESs for the months of July and October 2014 confirm he was paid for 60 days of accrued leave. Therefore, the law prohibits payment of any additional accrued leave he may have lost at the time of his retirement.
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) AR20100024747
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ABCMR Record of Proceedings (cont) AR20150003414
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