MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 February 1999                   
	DOCKET NUMBER:   AC97-07063
				   AR1998002360

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be paid for 22 days leave that he feels he should have been allowed to cash in when he retired.

APPLICANT STATES:  He went through the proper process to ensure his leave would be cashed in at his retirement.  In over 28 years of military service he always properly used his leave time and never lost more than .5 days of leave.

EVIDENCE OF RECORD:  The applicant's military records show:

After having had prior enlisted service, he reenlisted in the Regular Army on      18 June 1969 and had continuous service until his retirement.

On 1 October 1993, the first day of fiscal year (FY) 1994, the applicant carried over 60 days of accrued leave.

On 9 December 1993, orders were published placing the applicant on the retired list effective 30 November 1994.

The applicant used 12 days of leave during FY 1994.  Since he earned 30 days leave during FY 1994, as of 30 September 1994 he had an accrued leave balance of 78 days.

On 30 August 1994, the applicant signed out of his unit on transition leave using DA Form 31, Request and Authority for Leave.  The first 20 days, from 30 August through 18 September 1994, he was on permissive temporary duty (TDY).  His
DA Form 31 shows that the period 19 September through 30 November 1994, 73 days, was leave (12 days in FY 1994 and 61 days in FY 1995).

On 30 November 1994, the applicant retired, in the rank of Command Sergeant Major, after completing 27 years of creditable active service.

Army Regulation 600-8-10 prescribes the policies for the leave and pass function of the Military Personnel System.  In pertinent part, it states that soldiers on active duty earn 30 days of leave a year at the rate of 2 ½ days a month.  Except when authorized special leave accrual (authorized to soldiers who serve in an area in which they are entitled to hostile fire or imminent danger pay for at least 120 continuous days), soldiers may accrue and carry forward up to 60 days leave at the end of each fiscal year.  Accrued leave that exceeds 60 days at the end of the fiscal year is lost.

The Department of Defense Military Pay and Allowances Entitlements Manual (DODPM) provides in pertinent part that a member who is discharged under honorable conditions is entitled to payment of unused accrued leave, up to a maximum of 60 days during a military career.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The policy that soldiers may accrue and carry forward up to 60 days leave at the end of each fiscal year or lose that accrued leave which exceeds 60 days at the end of the fiscal year is a very old rule.  As a Command Sergeant Major with many years experience in the Army, the applicant was expected to know, and the Board believes he was well aware of, this rule, as evidenced by the fact that he so well managed his leave time over the years that he never lost more than .5 day in a fiscal year.

3.  The DODPM does provide that a member who is discharged under honorable conditions is entitled to payment of unused accrued leave, up to a maximum of 60 days during a military career.  However, the key words are “accrued leave.”  The applicant was only allowed to carry over 60 days leave on 1 October 1994; therefore, he lost the 18 additional days he earned but failed to take in FY 94. 

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CMF___  __MDM___  __BJE___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC97-07063/AR1998002360	
SUFFIX		
RECON		
DATE BOARDED	19990224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	121.00	
2.		
3.		
4.		
5.		
6.