PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 4 December 2001       
	DOCKET NUMBER:        AR2001054870 

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 his records be corrected to show 14 days of ordinary leave for the period 27 July 1999 to 8 August 1999 be charged as convalescent leave.

3.  The applicant states that he was put on convalescent leave when he was discharged from the hospital at Fort Hood, Texas on 26 July 1999, but Finance at Fort Hood put it in as ordinary leave.  He was then in an excess leave status and a debt was created.  

4.  In support of his application, he submits a letter from the Army Review Boards Agency, a personal letter, a request for pay adjustment, computer printouts of his pay accounts, leave and earning statements, Discharge Note from the Darnall Army Community Hospital, DA Form 4700 (Medical Record-Supplemental Medical Data), pay inquiry, three assignment orders, and a copy of his enlistment contract.

5.  The applicant’s military records show that he enlisted on 21 June 1988.  He continued to serve on active duty through a series of reenlistments and was honorably discharged on 26 August 1999.  He reenlisted in the Army on 13 October 1999 and is currently serving on active duty in the rank of staff sergeant.  

6.  Records available to the Board show that the applicant was admitted to Darnall Army Community Hospital, Fort Hood, Texas, on 26 July 1999.  Records also show that he was released on the same day with a recommendation from the attending physician for 14 days of convalescent leave.  

7.  DA Form 31 (Request and Authority for Leave) authorizing the applicant’s convalescent leave for the period 27 July 1999 to 8 August 1999 is not in his personnel records.

8.  A pay adjustment request form, dated 20 November 2000, authenticated by the Chief of the Defense Military Pay Office (DMPO), indicates that the applicant was discharged from the hospital and put on convalescent leave from 26 July 1999 to 8 August 1999.  

9.  This form also shows that the servicing Finance Office improperly coded the applicant’s leave as ordinary leave instead of convalescent leave.  This form further shows that an official of the Defense Military Pay Office contacted the Darnall Army Community Hospital and obtained the proper documents verifying the applicant’s entitlement to convalescent leave status.  

10.  In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service, Chief, Entitlements Branch.  On 6 September 2001, the Defense Finance and Accounting Service opined that the applicant’s pay account should be adjusted to reflect the leave for the period 26 July 1999 to 18 [sic] August 1999 charged as ordinary leave be converted to convalescent leave.  As a result, the Chief of Entitlements Branch of the Defense Finance and Accounting Service recommended that any good remaining leave balance should be paid to the service member as of the date he was separated from the service on 26 August 1999.

11.  On 8 September 2001, the applicant was provided 15 days in which to submit comments or rebuttal to the advisory opinion; however, the applicant had not responded as of 30 November 2001. 

12.  Army Regulation 600-8-10 (Leaves and Passes) covers leave and pass programs and prescribes the policies, operating tasks, and steps governing military personnel absences.  Chapter 5 of this regulation states, in pertinent part, that the soldier’s unit commander may grant convalescent leave for 30 days or less.  Prior to approval, the commander must obtain the supporting recommendation from the physician; verify if the soldier has had any other leave while in the hospital; confirm attending physician’s recommendation for convalescent leave from the hospital commander; and authorize leave.

CONCLUSIONS:

1.  The applicant was authorized convalescent leave for the period 26 July 1999 to 8 August 1999.  However, he was erroneously charged with ordinary leave instead of convalescent leave for this period.  

2.  Through no fault of the applicant, he incurred a debt for being in an excess leave status. Therefore, it would be appropriate to adjust the applicant’s leave for the period 26 July 1999 to 8 August 1999 to show convalescent leave and to restore him any monies due to him.

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 convalescent leave for the period 26 July 1999 to 8 August 1999.

2.  That upon completion of the corrections stated in paragraph 1, above, Defense Finance and Accounting Service audit the applicant’s military pay account to determine any monies due to the individual concerned, if any.

BOARD VOTE:  

JL_____  MKP_____  ENA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2001054870	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011204	
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.	121.0100	
2.		
3.		
4.		
5.		
6.