MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000                   
	DOCKET NUMBER:   AR2000035450

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 he be allowed to sell 30 days leave.

APPLICANT STATES:  That he had to reenlist for an indefinite period outside of the required 89 day window in order to attend the Advanced Noncommissioned Officer Course (ANCOC) and to be promoted to Sergeant First Class (SFC), E-7. There will not be another window for him to reenlist.

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

He enlisted in the Regular Army on 28 August 1987 and has had continuous service.  His last reenlistment for a definite period was on 24 October 1996 for    4 years.  At that time he stated he did not desire to cash in his accrued leave.  On 22 February 1999, the applicant completed DA Form 3340-R, Request for Reenlistment or Extension in the Regular Army, and checked that he did not desire to cash in his accrued leave.  On 3 March 1999, he reenlisted for an indefinite period.  He had over 11 years of service at the time.  

The applicant attended ANCOC from 6 May through 25 June 1999 and was promoted to SFC effective 1 July 1999.

On 16 December 1999, the applicant requested an exception to policy to sell     30 days of leave citing the same reasons he cites in this application.

Army Regulation 600-8-19 prescribes the enlisted promotions and reductions functions of the military personnel system.  In pertinent part it states that soldiers promoted to SFC and above will incur a 1-year service obligation computed from the effective date of promotion.

Army Regulation 614-200 prescribes the selection, assignment and utilization of enlisted personnel and provides general assignment policies and responsibilities for managing the enlisted force.  In pertinent part, it states that soldiers who do not meet the service-remaining requirement to attend a service school can qualify by extending their enlistment or by reenlisting.  Table 4-1 prescribes that to attend a course 4 to 9 weeks in duration a soldier must have 9 months service remaining.

Army Regulation 600-8-10 prescribes policies for the leave and pass function of the Military Personnel System.  Paragraph 2-4g states that payment for accrued leave for the preceding period of service is not authorized to soldiers who elect to have all leave carried forward to the new or extended reenlistment.

Headquarters, Department of the Army, DAPE-MPE, message 131810Z Aug 1998 implemented the indefinite reenlistment program.  It provided that effective 1 October 1998 Regular Army soldiers in the rank of Staff Sergeant or higher with more than 10 years of active federal service (AFS) will be required to reenlist for an unspecified term of service upon reenlistment.  Soldiers with a service remaining requirement will only be allowed to reenlist, not extend, if they have over 10 years AFS.

The Department of Defense Financial Management Regulation (DODFMR), Table 35-3, rule 2, note 3, does not allow for payment of accrued leave if a discharge for the specific purpose of reenlisting occurs more than 3 months before the normal expiration of the extension period.

In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS).  DFAS recommended disapproval of the applicant’s request as it is not payable under the DODFMR.  The applicant did not respond within the given time period.

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 this requirement.

2.  The Board notes that when the applicant requested reenlistment he checked that he did not desire to cash in his accrued leave.  The Board understands that with the indefinite term of service reenlistment policy now in effect he will get no further opportunities to cash in his accrued leave until he separates.  However, considering his stated desire at the time of his reenlistment, he provides no compelling reason to show why an exception to policy should be granted.

3.  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

__rjw___  ___js___  __ra____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035450	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	121.00	
2.		
3.		
4.		
5.		
6.