PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           05 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002071650

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 record be corrected to reinstate 6.5 days leave that he lost in 2001, and that he be paid for that leave.  

3.  The applicant states that he had an approved leave for the period 3 August 2001 through 6 August 2001.  He returned from leave on 5 August 2001; however, his unit personnel sergeant automatically signed him in on 6 August.  The unit did not have a leave sign in procedure.  On 30 August 2001 he submitted a pay inquiry requesting correction of the leave date.  His August 2001 Leave and Earning Statement (LES) shows that he used 4 days of leave.  His September 2001 LES does not reflect the corrected leave dates, and shows a leave balance of 65.5 days.  He took transition leave for 10 days from 22 October 2001 through 31 October 2001.  The applicant provides documents substantiating his statements.    

4.  The applicant provides a copy of a MILPER Message 01-263 concerning special leave accrual (SLA), which shows that the Assistant Secretary of Defense for Force Management Policy authorized SLA of 20 days (11-30 September 2001) in excess of the maximum 60 days allowed for annual leave carry over.  The maximum leave that could be carried over is 80 days.  Soldiers must take the SLA leave no later than 30 September 2002 (since extended to                    30 September 2004).

5.  He retired on 31 October 2001; however, out-processed on 1 October 2001.  The finance personnel at Fort Campbell did credit him for one day of leave, bringing his balance to 66.5 days, but told him that he lost 6.5 days at the end of the fiscal year.  They had not received the MILPER message.  His final leave settlement was 52.5 days.  His interpretation of the MILPER message was to give relief to soldiers prevented from using excess leave due to events after      11 September 2001.  Such was his circumstances.  Consequently, he requests to have those lost days reinstated and that he be paid for those days. 

6.  The applicant’s military records show that he retired from the Army as a major on 31 October 2001 with over 20 years of service.  The relevant records are those that he submits with his application.

7.  On 28 August 2002 the Defense Finance and Accounting Service (DFAS) in Indianapolis substantiated the applicant’s contentions that he was paid for 52.5 days leave in October 2001, and that he lost 6.5 days of leave.

CONCLUSIONS:

1.  The applicant’s LES for the period 1-31 September 2001 shows a leave balance of 65.5 days.  He was paid for 52.5 days leave upon his retirement in October 2001, and lost 6.5 days of leave as he contends and as substantiated by DFAS.     
2.  The applicant was authorized to carry forward leave in excess of 60 days at the end of September 2001, in his case, 66.5 days of leave.  He retired shortly thereafter with 59 days of accrued leave on the books; however, he was not paid for 6.5 days of that total. 

3.  Therefore, his records should be corrected to show that he had 59 days of accrued leave at his retirement.  He was paid for 52.5 days of leave.  He should be paid for the remaining 6.5 days of leave.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant had 59 days of accrued leave at the time of his retirement in October 2001, and that the DFAS effect payment of the 6.5 days of leave for which he was not paid.

BOARD VOTE:  

__CLA_     __MHM__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002071650	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020905	
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.	121.00	
2.		
3.		
4.		
5.		
6.