PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 March 1999                 
	DOCKET NUMBER:   AC98-11293
				   AR1998000787

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

	Mr. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick 		Chairperson	
	Mr. Roger W. Abler		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct amount of accrued leave.   

3.  The applicant states, in essence, that block (item) 16 (Days Accrued Leave Paid) on the form, as reads 21 days, should read 8.5 days.   

4.  The applicant’s military records show that he enlisted in the Regular Army for 
3 years on 2 October 1994.  He had two short periods of extension of this enlistment for 3 months and 5 months, respectively, due to treatment for a medical condition.  On 1 October 1997, the applicant was honorably discharged from active duty under the provisions of Army Regulation 635-40, by reason of disability with severance pay ($9964).  He had 3 years and 8 months active service and no lost time.  Item 16 of his DD Form 214 showed that he was paid for 21 days accrued leave, but a DFAS-IN Form 27-190R, prepared on 
26 September 1997 showed payment for only 8.5 days.

5.  An advisory opinion from the Defense Finance and Accounting Service-Denver Center (DFAS-DE), which processes claims for this Board, has confirmed that the applicant’s Master Military Pay Account shows that he was only entitled to payment for 8.5 days accrued leave.  That agency states that the applicant’s DD Form 214 should be corrected to show this corrected information.  

6.  The applicant was provided a copy of this advisory opinion for comment or rebuttal, but he failed to respond.

CONCLUSIONS:

1.  The information available from the DFAS-DE, confirms that the applicant was only entitled to payment for 8.5 days accrued leave at the time of his separation from active duty on 1 October 1997.  Therefore, item 16 of his DD Form 214, as reads 21 days, is in error.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was only entitled to payment for 8.5 days accrued leave on the date of his separation from active duty on 
1 October 1997.

2.  That upon completion of the above action, that a DD Form 215 (Correction to DD Form 214) be issued to the applicant correcting item 16 of the DD Form 214 to read 8.5 days.

BOARD VOTE:  

__RWA__  __ALR__  __JEV___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11293/AR1998000787	
SUFFIX		
RECON		
DATE BOARDED	19990324	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.00	
2.	128.00	
3.		
4.		
5.		
6.