PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            09 SEPTEMBER 2003                  
	DOCKET NUMBER:   AR2003084126

	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. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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.  In effect, the applicant requests that he be reimbursed for 27 days of leave that he lost on 1 October 2002.

3.  The applicant states that the MILPER message 02-088 [concerning accumulated leave in excess of 60 days] was misinterpreted.  He submitted a leave form based on the MILPER message allowing additional days of leave to be carried forward into the next fiscal year.  He submitted a request for 87 days of terminal leave on 26 July 2002 in connection with his pending retirement.  He was assured that the time requested was authorized.  On 9 October 2002 he was informed that he lost 27 days of leave. 

4.  The applicant’s military records show that on 26 July 2002 he submitted a request for leave for the period 10 October 2002 to 31 January 2003.  This request included a combination of permissive TDY (temporary duty) and ordinary leave.  His request was approved by his commanding officer.  

5.  On 20 November 2002 the Chief of Retirement Applications at Fort Campbell, Kentucky, informed the applicant that he had discussed the contents of the  message with 101st Airborne Division finance personnel, and all agreed that if he had over 60 days leave as of 30 September 2001, he would not lose the excess.   
6.  Orders published on 22 March 2002 show that the applicant was released from active duty and retired on 31 January 2003.

7.  MILPER Message Number 02-088 only changed a portion of a previous message regarding special leave accrual as a result of the 11 September 2001 attacks on the United States, and stated in effect that soldiers must use accumulated leave in excess of 60 days before the end of the third fiscal year after the service terminated (30 September 2004).    

8.  In the processing of this application, an advisory opinion was obtained from the Total Army Personnel Command Personnel Services Branch.  That office stated that the loss of 27 days of leave was due to no fault of the applicant.  He was provided erroneous information regarding the authorization to carry forward leave in excess of 60 days, resulting in his inability to reduce his leave balance prior to the end of the fiscal year.  That office recommended that the applicant's request for reinstatement of his leave be approved.  A copy of the opinion was furnished the applicant.  He concurred with the opinion.  

9.  Information obtained from an official of the Defense Finance and Accounting Service in Indianapolis on 27 August 2003 revealed that the applicant did lose   27 days of leave on 1 October 2002.  That official also stated that the applicant had never been paid for accrued leave.

10.  Army Regulation 600-8-10 provides the leave policy for soldiers and states  that accrued leave that exceeds 60 days at the end of the fiscal year will be lost except for special leave accrual to provide relief to soldiers who are not allowed leave when undergoing lengthy deployment or during periods of hostility.  

11.  Special leave accrual did not apply to the applicant's situation; else he would not have lost 27 days of leave on 1 October 2002.

12.  Department of Defense Financial Management Regulation 7000.14-R states in pertinent part that a military member is entitled to receive payment for no more than 60 days of accrued leave during a military career.

CONCLUSIONS:

1.  The above mentioned MILPER message regarding special leave accrual did not apply to the applicant; however, he was apparently informed otherwise as indicated by the 20 November 2002 memorandum to him from the Chief, Retirement Applications at Fort Campbell, and as confirmed by the advisory opinion.  He reasonably relied upon the erroneous advice and the reliance was to his detriment.  It would be in the interest of justice to afford relief.  The applicant lost 27 days of leave through no fault of his own. 

2.  Consequently, it would be appropriate to correct the applicant's records to show that he was eligible for special leave accrual, and to pay the applicant for the 27 days of leave that he lost. 

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

RECOMMENDATION:

That the applicant's records be corrected to show that he was eligible for special leave accrual, and that he be reimbursed for the 27 days of leave that he lost on 1 October 2002.

BOARD VOTE:  

__SLP __  __WTM__  __TAP __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Shirley L. Powell_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003084126	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030909	
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.	123.08	
2.		
3.		
4.		
5.		
6.