APPLICANT REQUESTS:  In effect, that his lost leave be restored.

APPLICANT STATES:  That he lost leave through no fault of his own; his commander had required him to work during the three periods he had requested leave.

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

He enlisted in the Regular Army on 23 October 1984.  He completed basic training and advanced individual training and was awarded military occupational specialty 76Y (Unit Supply Specialist).

While assigned to Headquarters and Headquarters Company, 191st Ordnance Battalion, Mannheim, Germany, the applicant requested leave on three occasions:  15 - 25 May 1990; 14 - 25 June 1990 and 5 - 30 July 1990.  On all three occasions, his commander disapproved his leave because the unit was in the process of relocating from Mannheim to Miesau and he was needed during the times indicated.

The applicant was promoted to Staff Sergeant on 1 July 1990 and attended the Basic Non-Commissioned Officers Course (BNCOC) from 3 August - 10 October 1990.

The applicant lost 9 days of leave during Fiscal Year 1990.

Army Regulation 600-8-10 prescribes the policies for the leave and pass function of the Military Personnel System.  It provides a single-source operating document to the field and, as such, is binding on all communities involved in granting leaves and passes.  In pertinent paragraph, it states that the intent of special leave accrual is to provide relief to soldiers who are not allowed leave when undergoing lengthy deployment or during periods of hostility.  Section 701f, title 10, United States Code provides special leave accrual to soldiers who, while not actually deployed, are assigned to a designated mobile unit or other similar prescribed duties if operational requirements prevented their use of leave.

In the processing of this case, a staff advisory opinion was obtained from the Readiness and Accounting Branch, Total Army Personnel Command.  The opinion notes that by law, soldiers are authorized to carry forward a maximum of 90 days of leave at the end of a fiscal year when assigned to a hostile fire/imminent danger area or affiliated with a mobilization or contingency operation.  In reviewing the applicant’s documentation, that office confirmed that he was not affiliated with or in direct support of an ongoing operation; therefore, there are no provisions under statute or Army regulation that would allow him to carry over more than 60 days of leave at the end of the fiscal year.

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 applicant, as a non-commissioned officer, and his commander should have been aware of the special criteria that had to be met in order to accrue more than 60 days leave at the end of the fiscal year.  They both should have been aware that, as the applicant was due to depart for BNCOC on 3 August 1990, his fiscal year effectively ended on 2 August 1990.  They should have been able to make arrangements accordingly for him to take leave.  The periods between 25 May - 14 June and between 25 June - 5 July 1990 were also available leave periods.

3.  Operational missions and essential supporting functions of each command must be accomplished to the extent permitted by the manning provided.  Leave will be granted within those constraints.

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

                       DENY APPLICATION

                      Loren G. Harrell
				 	Director