MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            19 December 2000                  
	DOCKET NUMBER:    AR2000045836

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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:  In effect, that he receive payment for 30 days accrued leave in conjunction with his reenlistment.

APPLICANT STATES:  That he originally elected not to cash in leave, but changed his mind after he reenlisted on 27 July 2000.  He also states that he notified his company retention noncommissioned officer of this change; however, the information regarding his decision not to cash in leave had already been filed in his finance and personnel records.  In support of his application, he submits a copy of his Reenlistment Contract, a Finance Transmittal Record, his Enlisted Record Brief and a copy of his DA Form 2-1 (Personnel Qualification Record).

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

The applicant served in the U.S. Army Reserve from 25 January 1983 to 29 January 1984.  He enlisted in the Regular Army on 7 February 1984 and is currently serving on active duty in the rank of sergeant first class.

A DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), dated 19 July 2000, shows the applicant requested reenlistment.  This same form shows he elected not to cash in accrued leave.  His company commander approved this form on 19 July 2000.  His records also contain a Finance Worksheet for Reenlistment, dated 27 July 2000, which indicates he elected not to cash in accrued leave.  

The applicant’s DD Form 4/1 (Enlistment/Reenlistment Document) shows he reenlisted in the Army on 27 July 2000 for an indefinite period of service.  

In the processing of this case, an advisory opinion was obtained from the U.S. Total Army Personnel Command.  On 26 October 2000, the applicant was provided 30 days in which to submit comments or rebuttal to the advisory opinion.  The applicant did not respond within the time allotted.

The advisory opinion recommended disapproval of the soldier’s request.  The advisory opinion noted that the soldier elected not to cash in accrued leave in item 4 of the DA Form 3340, Request for Reenlistment or Extension in the Regular Army, dated 19 July 2000.  The advisory opinion also noted that the soldier had until the time of his reenlistment to indicate a desire to cash in accrued leave and he did not provide any information to indicate that it was his intent or desire to cash in leave prior to his reenlistment. 

Army Regulation 600-8-10 (Leaves and Passes) provides, in pertinent part, for the payment of accrued leave.  Paragraph 2-4 (f)(g) of this regulation states that payment of accrued leave is made to soldiers who elect partial payment and

carry forward a balance to new or extended reenlistment.  This regulation also states that payment of accrued leave, for preceding periods of service, is not authorized to soldiers who elect to have all leave carried forward to new or extended reenlistment. 

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(s), it is concluded:

1.  The applicant requested reenlistment and, at that time, he elected not to cash in leave.

2.  He reenlisted on 27 July 2000 and, on that day, all of his reenlistment documents, including record of his decision not to cash in leave, were filed in his official finance and personnel records.  

3.  Subsequent to reenlistment, he decided that he wanted to cash in his accrued leave; however, he is not entitled to payment for accrued leave after electing to carry accrued leave forward.

4.  The applicant acknowledged his entitlement to cash in leave at the time of his reenlistment when he completed the DA Form 3340-R, but he elected not to do so.

5.  Although the applicant now requests to cash in accrued leave, he has not provided compelling reasons for the Board to grant this exception to regulation.  In the absence of fully documented reasons to support the applicant’s request, the Board is not predisposed to make an exception in this case.

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:

________  KLW_____  RJW____  GRANT

JPH_____  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000045836	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	121.0000	
2.		
3.		
4.		
5.		
6.