MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 January 2000                  
	DOCKET NUMBER:   AR1999022158

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge Jr.		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:  That 25 days of lost leave be returned to him and that his debt to the Government caused by his having received payment for those 25 days be forgiven and all monies previously collected be refunded.  In effect, he is also asking for forgiveness of an additional 2.5 which was also added to his 25 days of lost leave due to non-accrual. 

APPLICANT STATES:  In effect, that he was deployed to Bosnia-Croatia and was unable to take leave; that he was told that his leave in excess of 60 days would be carried over; that he applied for retirement while deployed and asked to take 95 days of terminal leave, including the 25 days of carried over leave (and an additional 2.5 days which would have accrued); that in January 1998, the Defense Finance and Accounting Service (DFAS) notified him of his debt.

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

He is a retired Master Sergeant (E-8).  He served in Bosnia-Croatia during FY96 from 7 December 1995 to 20 March 1996.  Upon completion of his service in Bosnia-Croatia, he returned to his home station in Germany.  On 30 September 1996, he lost 25 days of leave for FY96.

The applicant requested retirement on 6 February 1996 while deployed to Bosnia-Croatia.  His request to retire on 31 January 1997 was approved on 8 May 1996.  He took terminal leave, which included the 25 days of lost leave (plus 2.5 days), and was separated in Germany.

Army Regulation 630-5 prescribes policy and procedures governing various types of authorized absences.  It states, in pertinent part, that accrued leave at the end of a fiscal year will not normally exceed 60 days.  A special 90-day accrual is authorized to members whose operational deployment prohibited them from taking leave.  Headquarters, Department of the Army (HQDA) must approve such special accrual.

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 returned from Bosnia-Croatia to his home station in Germany on 20 March 1996.  He had from 21 March 1996 to 30 September 1996 to take sufficient leave to ensure that he would not lose 25 days at the end of the fiscal year.  He did not do so, nor did he petition HQDA to carry-over the lost leave.  His failure to take leave was not related to his deployment to Bosnia-Croatia.

3.  The applicant knew when he received his Leave and Earning Statement (LES) on 31 October 1996 that he had lost 25 days of leave during FY96.  In spite of this knowledge, he applied for and took terminal leave in excess of the amount of accrued leave he had on his pay records.  In 1998, this error was discovered by DFAS and collection efforts were initiated.  The debt is legitimate and the collection effort is valid.

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

__INW___  __SK___  __EJA___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999022158	
SUFFIX		
RECON		
DATE BOARDED	20000127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	128.1400	
2.		
3.		
4.		
5.		
6.