MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 June 2000                   
	DOCKET NUMBER:   AR2000037789

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 3.5 days of leave be reinstated.

APPLICANT STATES:  That the error was discovered in July 1999 but not corrected by finance until October 1999.

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

After having had prior enlisted service in the U. S. Army Reserve, she was appointed a Reserve Commissioned Officer on 18 May 1996 as a second lieutenant and entered active duty on or about 23 June 1996.  She was promoted to captain on 1 January 1999.

The applicant was on leave from 27 February through 4 March 1999.  Records at the Defense Finance and Accounting Service (DFAS) indicate that on 10 March 1999, an entry was made to show that she departed on leave on 27 February 1999 and returned on 7 March 1999, a difference of 3 days.  This entry should have shown up on her leave and earnings statement (LES) for the month of March 1999 or the month of April 1999 at the latest.

Records at DFAS indicate that on 4 October 1999, the above leave entry was corrected to show she departed on leave on 27 February 1999 and returned on  4 March 1999.

The applicant’s LES for the month of September 1999, prior to DFAS’s correction, shows she carried forward 54.5 days and lost 0 days.  Her LES for the month of October 1999, after DFAS’s correction, shows she carried forward 62.5 days and lost 3.5 days.

Army Regulation 600-8-10 prescribes policies governing various types of authorized absences.  In pertinent part, it states that accrued leave accumulation at the end of a fiscal year normally will not exceed 60 days.  Any leave in excess of 60 days is lost at the end of a fiscal year except when special leave accrual is authorized to members who are entitled to special pay for duty subject to hostile fire/imminent danger for at least 120 continuous days.

In the processing of this case, an advisory opinion was obtained from DFAS.  DFAS recommended disapproval of the applicant’s claim.  The erroneous posting happened in March 1999; the correction was made in October 1999.  It is up to the member to use accrued leave to prevent the loss of leave due to fiscal year accounting as a member can never accrue more than 60 days during a fiscal year unless there is a combat zone time included in the computation.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She 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, and advisory opinion, it is concluded:

1.  The Board acknowledges that an administrative error occurred in this case.  DFAS charged the applicant with leave from 27 February to 7 March 1999 when she only took leave from 27 February to 4 March 1999.  However, the applicant should have discovered this error in March or April 1999 when the entry would have shown up on her LES.  She should have requested corrective action at this time and perhaps the corrective action could have been taken before October 1999.

2.  In any case, the applicant states the error was found in July 1999.  Since she knew it was an error she could have protected her own interests by taking an additional 3 or 4 days leave before the new fiscal year in anticipation of the correction being made.  The Board concludes that it would not be an injustice not to reinstate the lost leave as an exception to policy when she could have taken such steps.

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

___jhl__  __jns___  __mhm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037789	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	121.03	
2.		
3.		
4.		
5.		
6.