PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  25 January 2001
	DOCKET NUMBER:  AR2000042667

	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. Lee Cates		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 that her records be corrected to show 42 days of ordinary leave were converted to convalescent leave.

3.  The applicant states that it is unjust to charge her for 42 days leave, while she was in PCS (permanent change of station) status from Fort Hood to California and had a baby.

4.  The applicant’s available military records show that while transferring from Texas to California, she was admitted to Darnall Army Community Hospital (DACH), Fort Hood, Texas at 0609 hours, on 31 October 1999.  She delivered an 8 pound 14 ounce baby girl and was discharged to duty on 1 November 1999.

5.  On 1 November 1999, her former unit commander authorized convalescent leave for the period 2 November to 14 December 1999.  The Leave and Earnings Statement (LES) for the period 1 to 31 December 1999 shows she was charged ordinary leave for the period 2 November to 8 December 1999 (37 days) with the remainder accounting for transfer travel PCS time.

6.  On 11 May 2000, the Chief of Finance Operations states the applicant was charged ordinary leave from 2 November through 8 December 1999 (37days) and authorized PCS travel time from 9 to 14 December 1999 (5 days).

7.  On 13 June 2000, the Defense Finance and Accounting Service – Indianapolis Center opined that the applicant was on PCS status and did not provide the appropriate orders.  It recommended the Commander, Total Army Personnel Command (PERSCOM) be contacted for an additional advisory opinion.

8.  On 16 September 2000, the PERSCOM opined that confirmation of the attending physician’s recommendation for placing soldiers in a convalescent leave status is required.

9.  On 25 September 2000, the opinions were provided for her acknowledgement/rebuttal.  She rebutted with copies of her discharge note from DACH; three leave forms; and three LES’s.

10.  Army Regulation (AR) 600-8-10 (Leaves and Passes) indicates, in pertinent part, that the applicant’s unit commander may grant convalescent leave, following pregnancy and childbirth, for a maximum of 42 days.  Prior to approval, the commander must obtain supporting recommendation from the physician; verify if the soldier has had any other leave while in the hospital; require confirmation of attending physician’s recommendation for convalescent leave from the hospital commander; and, authorize the leave.

CONCLUSIONS:

1.  Contrary to the opinions provided, the applicant was entitled to and authorized convalescent leave based on the childbirth, however, she was wrongfully charged with a total of 37 days of ordinary leave.

2.  AR 600-8-10 does not specifically deal with persons in a PCS status changing to a convalescent leave status; however, it does provide for the convalescent leave under the circumstances, and she met the majority of the qualifications.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was charged for the leave period 2 November to 8 December 1999 as convalescent leave, and that the period      9 through 14 December 1999 was authorized travel time to her new duty station and that she be credited that time erroneously charged as ordinary leave.
  
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jh____  __kh____  ___le___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		___June Hajjar___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042667	
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	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.100	Con Lv	
2.		
3.		
4.		
5.		
6.