PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 June 2000
	DOCKET NUMBER:   AR2000036038

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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 the return of $1,762.89 that she was unjustly required to pay the government for excess leave that she did not take.

3.  The applicant states that she was charged $1,762.89 for excess leave that she was alleged to have taken at the time she was actually clearing the installation.  She further states that she took ordinary leave from 28 June 1997 to 11 July 1997 and used the 10 working days that was authorized and coordinated with the transition center to clear the installation.  She goes on to state that she was notified on 20 May 1999, 2 years after her separation, that an audit had been conducted of her records and the Defense Finance and Accounting Service had adjusted her pay records and charged her with excess leave during the period she was clearing.  She continues by stating that by the time she was notified, clearance records at her installation had been destroyed and she could not obtain a copy of her clearance records to show that she did in fact use the time she was charged as being on excess leave to clear.  In support of her application she submits a copy of her debt, a copy of her leave form, and a copy of the command policy memorandum from her installation showing that she was entitled to 10 duty days to clear the installation.  She also provides a copy of her last leave and earning statement (LES).

4.  The applicant’s military records show that while serving as an Army nurse in the rank of captain at Fort Hood, Texas, she took ordinary leave from 28 June 1997 to 11 July 1997.

5.  On 25 July 1997 she was honorably released from active duty (REFRAD) due to the completion of her required active service.  She had served 3 years of active service during her current period of service and had 6 years, 2 months, and 27 days of total active service.  She was transferred to the USAR Control Group (Reinforcement).

6.  The DFAS forms provided by the applicant indicate that the applicant’s account was audited and she was charged with excess leave from 14 July to 25 July 1997.  It appears from reviewing the audit form that the applicant had accrued 68 days of leave during the fiscal year and she took 80 days of leave. The 80 days of leave she took included 28 days of ordinary leave she took from 28 June to 25 July 1997.  The audit resulted in a debt in the amount of $1,762.89.  

7.  A review of the applicant’s last LES shows that she had earned 68 days of leave, that she took 66 days of leave, and that she was paid for 2 days of unused leave at the time of separation.

8.  The command policy memorandum from the applicant’s former unit shows that soldiers who resided in family quarters or off post are entitled to 10 duty days to clear the installation.

CONCLUSIONS:

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 Board finds that the applicant has submitted sufficient evidence to satisfy the aforementioned requirement.

2.  The evidence submitted clearly shows that the applicant took leave from 28 June 1997 to 11 July 1997 and that she was REFRAD on 25 July 1997.  At the time of her separation she was paid for 2 days of unused leave.

3.  Although the applicant has not submitted a copy of her clearance papers, it is reasonable to presume that she did in fact use the 10 days she was authorized to clear the installation and that an administrative error resulted in her ordinary leave not being properly terminated on 11 July 1997.  

4.  The Board also notes that the local finance office paid her for 2 days of unused leave at the time of separation and that she was in fact present to sign her report of separation (DD Form 214) on a day she is being charged with excess leave (25 July 1997).  Accordingly, the Board finds that she was improperly charged with excess leave at a time when she was actually present for duty and that the funds recouped from her were funds that she had earned and was entitled to keep.

5.  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 by showing that the individual concerned was present for duty during the period 12 July to 25 July 1997 and that all funds recouped from her as a result of her being erroneously charged with leave during that period be returned to her.

BOARD VOTE:  

__slp ___  ___ao___  ___lm ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000036038	
SUFFIX		
RECON		
DATE BOARDED	2000/06/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  293	128.1000/DEBT	
2.  252	121.0000/LV ADJUSTMENT	
3.		
4.		
5.		
6.