PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  25 January 2001
	DOCKET NUMBER:  AR2000042666

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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, that 50.5 days of leave mistakenly cashed in for pay upon reenlistment, be credited back to her leave balance and that the amount paid for the cashed in leave, approximately $3,253.21, be collected back.

3.  The applicant states, in effect, that when she reenlisted on 31 March 2000, she was led to believe by the recruiter that upon reenlistment, she could sell an amount of leave for cash at anytime in the future that she wished, by turning in to finance a DA Form 3340-E (Request for Reenlistment or Extension in the Regular Army).  She completed the DA Form 3340-E during the reenlistment process for this purpose and retained the form for later submission.  However, in May 2000, she received payment for 50.5 days of leave sold, approximately $3,253.21.  She found that this action was initiated even though she had not turned in her DA Form 3340-E to finance.  She tried to reverse this situation with finance since she did not want to sell her leave at that time.  Finance could not do this and referred her to this Board.  She submits a statement from the Military Entrance Processing Station (MEPS) Personnel Sergeant and the MEPS Commander verifying that she was misled concerning the process of cashing in her leave.

4.  The applicant’s military records show that she, a Staff Sergeant, reenlisted on 
31 March 2000 for a 2 year period of service.  During the enlistment process, she completed a DA Form 3340-E indicating, among other things, “I desire to cash in 60 days accrued leave.”  Finance records show that on or about May 2000, she was paid $3,253.21 for 50.5 days of leave.

CONCLUSIONS:

1.  While there is no regulatory provision covering this situation there is no prohibition to granting the applicant’s request as a matter of soldier morale and positive public relations.

2.  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 for the individual concerned, as an exception to policy, by restoring to her unused leave account 50.5 days leave and collecting from her the requisite pay.

BOARD VOTE:  

__jh___  __kh____  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___June Hajjar_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000042666	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.