RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 JANUARY 2004                  
	DOCKET NUMBER:   AR2003090249

	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. Margaret K. Patterson		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. William D. Powers		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests reinstatement of 18 days of leave that he lost at the end of fiscal year 2002 because of PCS (permanent change of station) training requirements.  

2.  The applicant states that on 16 April 2002 he received notification to attend training for the Defense Attaché program, with a reporting date of 29 April 2002 at Bolling Air Force Base.  Beginning on that date, he attended language training in the Washington, D.C. area, the Defense Attaché class at Bolling, and other required training until 14 October 2002.  Prior to his assignment, he had taken   14 days of leave during fiscal year 2002.  He has properly managed his leave, but because of his assignment and training, he did not have an opportunity to use leave that was in excess of 60 days prior to the end of the fiscal year.  

3.  The applicant provides documents as indicated herein.

CONSIDERATION OF EVIDENCE: 

1.  On 16 April 2002, orders were published assigning the applicant to the Army Attaché Yugoslav in Belgrade, Yugoslavia with a reporting date of 16 October 2002.  Those orders show that he was to be on TDY (temporary duty) from        29 April 2002 to 14 October 2002 to attend various attaché training events as directed by a Defense Intelligence Agency Training schedule.

2.  With his application, the applicant submits a copy of a 10 March 2002 Defense and Army Attaché (Designate) to Serbia training schedule.  That training schedule indicates that training/classes/briefings, etc., began on 29 April 2002 and continued with little interruption through 14 October 2002.

3.  The applicant submits a copy of his leave and earnings statement (LES) for the period 1-31 October 2002, which shows that he had 62.5 days of accrued leave, and that he lost 18 days of leave at the end of fiscal year 2002.

4.  Army Regulation 600-8-10 prescribes the policies concerning leave and passes, and states in pertinent part that except when authorized special leave accrual, soldiers may accrue and carry forward up to 60 days leave at the end of each fiscal year.  Accrued leave that exceeds 60 days at the end of the fiscal year is lost.  Special leave accrual is authorized soldiers who served in an area in which he or she was entitled to hostile fire or imminent danger pay for at least 120 days.  Special leave accrual authorizes soldiers to carry forward up to 90 days of leave at the end of a fiscal year.  

5.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  The Chief, Personnel Services Branch of PERSCOM stated that a Soldier who serves on active duty for a continuous period of at least 120 days in an area in which he is entitled to receive hostile fire/imminent danger pay may carry forward up to a maximum of 90 days leave at the end of a fiscal year.  That officer stated that the applicant's leave was not due to mismanagement of leave, but as a result of training requirements prior to his PCS assignment.  He recommended that the applicant's leave account be reinstated with 18 days of leave.

6.  The advisory opinion was furnished to the applicant for his information and possible comment.  He concurred with the opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to special leave accrual.  He was not assigned to, nor did he serve in an area in which he was entitled to hostile fire or imminent danger pay for at least 120 days, until his reporting date to the Army Attaché Yugoslav on 16 October 2002.  As indicated above, he lost 18 days of leave on 30 September 2002, prior to his reporting date.    

2.  Nonetheless, his contention that he did not have the opportunity to reduce his balance prior to the end of the fiscal year is a reasonable premise.  In this respect, he is supported by the Chief of the Personnel Services Branch at PERSCOM (Total Army Personnel Command).   

3.  Consequently, as a matter of equity, the 18 days of leave that he lost at the end of fiscal year 2002 should be restored to him. 

BOARD VOTE:

__MKP   _  __ALR __  __WDP _  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by restoring to him the 18 days of leave that he lost at the end of fiscal year 2002. 

		__Margaret K. Patterson____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090249	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040115	
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.	121.03	
2.		
3.		
4.		
5.		
6.