PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  17 May 2000
	DOCKET NUMBER:  AR2000035641

	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. Carl W. S. Chun		Director	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Fred N. Eichorn		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, to cash in 40 days of accrued leave.

3.  The applicant states that his career counselor erroneously counseled him on eligibility to cash in accrued leave any time prior to entering indefinite status.  The career counselor that reenlisted the soldier for indefinite status processed his reenlistment contract and his request for cashing in 40 days accrued leave through his local finance office.  The career counselor then received refusal of payment for the accrued leave from DFAS through the applicant’s local finance office.  The career counselor then prepared an exception to policy packet and forwarded it through retention channels to ODCSPER (Office of the Deputy Chief of Staff for Personnel).  ODCSPER then referred the applicant to this Board.  The applicant further states that all administrative channels have been exhausted to rectify the career counselor’s error.  He states that if he had known the correct policy, he would have waited to reenlist.

4.  The applicant enlisted in the Regular Army on 27 April 1982.  The applicant served 4 years before being discharged on 26 April 1986 with an honorable characterization of service.  He reenlisted into the Army Reserves on 6 October 1986 and went on active duty on 6 December 1986.  He subsequently reenlisted 5 more times.

5.  On 26 September 1999, the applicant reenlisted for an indefinite term of service.  At this time his Battalion Career Counselor erroneously informed him that he could cash in 40 days of accrued leave upon entering the Indefinite Reenlistment Program regardless of the 3-month window.  After the Career Counselor received notice of refusal of payment, he immediately submitted an exception to policy on behalf of the applicant claiming full responsibility for giving the applicant misinformation due to his own misunderstanding of the policy.  The applicant states he would have waited to reenlist within the 3-month window if he had not been misinformed.

CONCLUSIONS:

1.  The applicant received erroneous information from his career counselor concerning his reenlistment and cashing in accrued leave.  This is evidenced by the career counselor’s admission to misunderstanding the policy in effect at the time.

2.  The Board determines that the erroneous information provided by the Battalion Career Counselor concerning the cashing in of accrued leave clearly resulted in a situation of detrimental reliance by the applicant.  Believing that he was being properly counseled, he reenlisted into the Indefinite Reenlistment Program before his 3-month window of being able to cash in leave.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected, as an exception, for the individual concerned, to authorize and pay him for 40 days accrued leave.

BOARD VOTE:  

__CF___  __RW___  __FE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Calvin M. Fowler___
		        CHAIRPERSON

INDEX

CASE ID	AR2000035640	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  128.14	Other Pay (Accrued Leave)	
2.		
3.		
4.		
5.		
6.