MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2000
	DOCKET NUMBER:   AR2000044028

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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:  Correction of her leave balance and payment for that leave.

APPLICANT STATES:  That she was charged for leave in January 2000 which she did not take due to her pending medical discharge.  She contends that, at the time of her separation from the Army, she was not paid for that leave which was erroneously deducted from her leave balance.  In support of her application, she submitted Defense Finance and Accounting Military Leave and Earnings Statements (LES) covering the periods 1-30 November 1999 through 
1-4 February 2000.

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

The applicant was serving on active duty as a second lieutenant at the time of her separation from active duty by reason of disability.  The applicant was discharged on 3 February 2000 with entitlement to disability severance pay.

The applicant’s LES for 1-30 November 1999 shows 7.5 days brought forward from the previous fiscal year (1999) and 5.0 days earned (2.5 days earned per month for October 1999 and November 1999) since the beginning of the new fiscal year (2000).  The LES shows that a total of 12.5 days accrued leave was carried forward to the next pay period.

The applicant’s LES for the 1-31 December 2000 shows 7.5 days brought forward from the previous fiscal year and 7.5 days earned during the current fiscal year with a total of 15.0 accrued leave days carried forward to the next pay period.

The applicant’s LES for the 1-31 January 2000 shows 7.5 days brought forward from the previous fiscal year and 10.0 days earned during the current fiscal year for a total of 17.5 days accrued leave. This LES shows 6 days of leave used and the entry “”CHARGE LEAVE  991227-000101(013)”  This LES also shows a total of 11.5 days of accrued leave carried forward to the next pay period.

The applicant’s LES for the period 1 to 4 February 2000 shows 7.5 days brought forward from the previous fiscal year and 10.5 days earned during the current fiscal year with 6 days used during the current fiscal year.  The LES shows a current balance at the time of her separation of 12 days (7.5 days plus 10.5 days minus 6 days equals 12 days).  

The entry “12.0 DAYS UNUSED LV PD [leave paid] $969.24 (061) appears in the remarks section of the LES covering the pay period 1 to 4 February 2000.  The entry “LUMP SUM LEAVE 969.24” appears under the section identified as “ENTITLEMENTS”.  This indicates that the applicant was paid at the time of her separation from the Army for her accrued leave.
The Defense Finance and Accounting Service reviewed the applicant’s case.  In that review, the Chief of the Claims Branch found that the applicant brought 7.5 days of leave forward effective 1 October 1999 and that, from 1 October 1999 to 4 February 2000, she earned 10.5 days.  A review of her military pay records shows that she took six days of ordinary leave from 27 December 1999 through 1 January 2000 and 20 days of permissive temporary duty (which is not chargeable as leave) for the period 15 January 2000 to 3 February 2000.

The Defense Finance and Accounting Service review concluded the applicant was properly paid for 12 days of accrued leave at the time of her discharge.

The review and Statements of Military Leave Account prepared by the Defense Finance and Accounting Service were provided to the applicant for comment on 6 November 2000; however, the applicant has not responded as of 11 December 2000.

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.  Records show the applicant used six days of ordinary leave from 27 December 1999 through 1 January 2000 and was charged for that entire leave on her LES covering the pay period 1-31 January 2000.  She was not charged for any leave on her LES covering the pay period 1-30 December 2000.

2.  The applicant contends that she did not use six days of ordinary leave in January 2000.  However, the applicant has not provided any evidence which shows that the six days of ordinary leave charged against her Military Leave Account for the period 27 December 1999 through 1 January 2000 was erroneous.

3.  There is no evidence that the applicant’s Military Leave Account was charged for any other period of ordinary leave other than the six days already shown on her LES and Statement of Military Leave Account.

4.  In the absence of evidence that the applicant was erroneously charged six days of ordinary leave for the period 27 December 1999 through 1 January 2000, there is no basis to restore that accrued leave to her Military Leave Account and to pay her for six days of accrued leave in addition to that for which she has already received lump sum payment.

5.  In the absence of evidence that the applicant’s Military Leave Account was charged for any other period of ordinary leave in addition to the six days for the period 27 December 1999 through 1 January 2000, there is no apparent error or other basis upon which to adjust her Military Leave Account.
6.  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 applicant has failed to submit evidence that would satisfy this requirement.

7.  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

__FE   __  __LEM___  __HBO__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044028	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001212	
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	MR CHUN	
ISSUES         1.	121..0300.0000	
2.	121.0200.0000	
3.		
4.		
5.		
6.