MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2002                   
	DOCKET NUMBER:   AR2002066574

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 be allowed to cash-in 20 days of accrued leave that remained in his leave account upon his separation from active service.

APPLICANT STATES:  In effect, that he had 30 days of accrued leave, but was only allowed to take 10 days of leave.  In support of his request, he submits two copies of the same DA Form 31 (Request and Authority for Leave).  The first copy shows him requesting 30 days of leave from 20 September 2001 through 20 October 2001.  The second copy is identical with the exception of the "through date" which has been changed to 1 October 2001.  He also submits:  a copy of DA Form 4187 (Personnel Action) wherein he requests that his separation date be changed from 1 October 2001 to 20 October 2001 in order to accommodate his leave; a copy of Orders 242-0002, Headquarters, US Army Garrison, Fort George G. Meade (Maryland), dated 30 August 2001, showing that the applicant was assigned to the US Army Transition Center on 1 October 2001 for discharge from the Regular Army (RA).

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

That he enlisted in the RA on 14 August 1987.  In 2001, he was a Sergeant First Class (SFC/E-7) assigned to the US Army Recruiting Command Albany (New York) Recruiting Battalion.

Orders 242-0002, dated 30 August 2001, directs his assignment to the US Army Transition Center, Fort George G. Meade, on 1 October 2001 for processing and discharge from the RA on that same date.

On an unknown date [the DA Form 31 is not dated by the applicant], the applicant requested transition leave from 20 September 2001 through 20 October 2001.  The leave request was voided because the through date extended past his expiration term of service (ETS) date of 1 October 2001.  A second duplicate DA Form 31 was approved for a transition leave from 20 September 2001 through 1 October 2001.  The applicant took this leave.

On 30 September 2001 [the date is erroneously shown as 30 September 2000], the applicant signed a DA Form 4187 requesting that his ETS date be changed from 1 October 2001 to 20 October 2001, to allow him to take 20 days of accrued leave.  He stated that a loss of both 20 days of accrued leave and pay would cause him undue hardship.  This request was not acted upon as the applicant was separated from active duty on 1 October 2001.

Records indicate that the Defense Finance and Accounting Service (DFAS) paid the applicant for 40 days of accrued leave in 1997, 18.5 days of accrued leave in 1999, and 1.5 days of accrued leave in 2001, for a grand total of 60 days of accrued leave.  The record also shows that he forfeited 19 days of leave upon his ETS on 1 October 2001.

Army Regulation 600-8-10, Leaves and Passes, prescribes the policies and procedures for the leave and pass function of the Military Personnel System.  It states that payment of accrued leave is permissible up to a limit of 60 days one time during a military career.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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.

2.  The applicant was separated from the RA on 1 October 2001.  He knew that he would have 30 days of accrued leave as of 1 October 2001.  He also knew that he had already cashed-in 58.5 of his allotted 60 days of accrued leave during his 13-year career.

3.  The applicant received his separation orders on 30 August 2001; this allowed him 30 days of transition leave prior to his ETS date.  It is unknown when he submitted his DA Form 31 requesting the 30 days of transition leave, but he requested it to run from 20 September 2001 through 20 October 2001.  This was changed because he could not logically take leave after his ETS date.

4.  The applicant cashed-in 1.5 days of his 30-day leave balance upon his separation.  This placed him at the maximum permissible amount of 60 days of leave to be cashed-in during a career.  He could not cash-in the remainder.

5.  It is incumbent upon every soldier to manage his or her leave balance to ensure that leave is not lost at the end of a fiscal year.  Even if the applicant did not receive his ETS order until 30 August 2001, the Board assumes that he knew of his impending separation before that date and could have scheduled leave in such a way as to use all accrued leave prior to his ETS date.

6.  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

__jhl___  __rvo___  __bjl___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066574	
SUFFIX		
RECON		
DATE BOARDED	20020822	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20011001	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.0300	
2.		
3.		
4.		
5.		
6.