BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150005475 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150005475 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he applied to the Defense Finance and Accounting Service for a waiver of his debt and his application was timely received, accepted, and approved * reimbursing monies recouped as a result of an erroneous debt for 2 days of excess leave * crediting his leave account with 11 days of leave or receipt of full pay and allowances as fair compensation for such days 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to crediting him with 15 days of leave. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150005475 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests a waiver of an excess leave debt of $834.05 and restoration of 15 days of unused/unpaid leave. 2. The applicant states: a. His leave was not properly accounted for the periods 24 February 2003 through 30 May 2004 and 18 October 2004 through 14 June 2005. This resulted in an allegation of using 2 days of excess leave from 26 to 27 May 2005. He was recalled to active duty in a retired status from 24 February 2003 through 30 May 2004 and again from 18 October 2004 through 14 June 2005. There are multiple errors in his Leave and Earnings Statements (LES) for these periods, including missing days of leave earned, leave approved and actually used, and erroneous postings for use or lose days. On 8 November 2004, he received the initial notification from the Defense Finance and Accounting Service, Indianapolis (DFAS-IN), dated 31 October 2004, of an alleged debt for 2 days of excess leave in May 2005 plus a 0.5 day penalty resulting in a debt of $834.05. He responded 2 days later denying the allegation. b. He paid the debt in full on 20 November 2004 while attempting, unsuccessfully, to resolve the issue with DFAS-IN. The alleged debt is a result of unused leave from 4 May 2005. This is 11 days by his LES and 21.5 days by his count (not being carried forward on the 2006 Master Leave Record). If his calculations are correct, he should currently have 15 days of unused leave which would invalidate the debt. 3. The applicant provides copies of: * Orders Number M-02-301098, M-02-301098A01, M-02-301098A02, and M-10-406000 * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * two self-authored Actual Leave Charts * 2004 W-2 (Wage and Tax Statement) * twelve DA Forms 31 (Request and Authority for Leave) * forty DFAS Forms 702 (LES) * six letters from and to DFAS-IN CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are sufficient bases to waive the statute of limitations. 2. The applicant was appointed in the U.S. Army Reserve (USAR) on 11 October 1967, with prior enlisted service. He entered on active duty in an Active Guard Reserve (AGR) status on 18 December 1982. He served continuously on active duty until his release on 30 September 1994 under the Early Release Program – Voluntary Separation Incentive. He was transferred to the USAR Control Group (Individual Ready Reserve). 3. Orders Number M-02-301098, issued by the USAR Personnel Command on 20 February 2003, ordered him to active duty in a retired status in support of Operation Noble Eagle. Orders M-02-301098A01 and M-02-301098A02 amended his period of active duty from 241 to 462 days. 4. He entered active duty on 24 February 2003. 5. He provides copies of: * Seven DA Forms 31 – showing he requested leave from/on: * 1 to 2 May 2003 * 18 to 21 August 2003 * 10 October 2003 * 24 to 26 December 2003 * 1 to 2 March * 5 March 2004 * 10 to 12 March 2004 * Thirty-Six LESs, dated between April 2003 and December 2004 * 2004 W-2 * Self-authored Actual Leave Chart, for the period 24 February 2003 through 31 May 2004, showing the following leave days: Earned – 37.5, Used – 16, and Balance – 21.5 6. He was honorably released from active duty on 30 May 2004 and he was returned to the Retired Reserve. He was credited with completing 1 year, 3 months, and 7 days of net active service this period. 7. Orders Number M-10-406000, issued by USAR Personnel Command on 12 October 2004, ordered him to active duty in a retired status in support of Operation Noble Eagle. 8. He entered active duty on 18 October 2004. 9. He also provides copies of: * Five DA Forms 31 – showing he requested leave from/on: * 27 December 2004 * 14 to 17 February 2005 * 29 March 2005 * 12 to 13 May 2005 * 26 to 27 May 2005 * Twelve LESs, dated between January and May 2005 * DFAS Form 0-642, for the period 18 October 2004 through 14 June 2005, showing the following leave days: Earned – 20.0, Used – 22.0, Total Negative Leave – 2.5 * Self-authored Actual Leave Chart, for the period 18 October 2004 through 14 June 2005, showing the following leave days: Earned – 19.5, Used – 10, and Balance – 15 10. He was honorably released from active duty on 14 June 2005 and he was returned to the Retired Reserve. He was credited with completing 7 months and 27 days of net active service this period. 11. He further provides copies of: * Letter, dated 24 July 2014, in which DFAS advised him of his indebtedness * Letter, dated 31 December 2014, in which DFAS issued a final notice on his delinquent debt in the amount of $834.05 * Letter, dated 10 November 2014, in which he submittal a rebuttal of the alleged erroneous debt * Letter, dated 1 December 2014, in which DFAS acknowledged full payment of the debt * Letter, dated 5 January 2015, in which DFAS advised him the debt remained valid * Letter, dated 29 January 2015, in which he again rebutted the debt and requested reimbursement of his payment of $834.05 and $197.10 for the Treasury offset and cancellation of the debt * Letter, dated 10 March 2015, in which DFAS advised him the debt remained valid due to 2.5 days of excess leave * 2014 LES, dated 1 May 2014, showing a zero balance for his leave 12. In an advisory opinion, dated 10 March 2016, the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff (ODCS), G-1, stated based on a review of the applicant's submitted documents and statutory authority that office recommended reimbursement to the applicant of $834.05 for erroneous debt and restoration of 11 days of leave. DFAS conducted an extensive research to reveal numerous transactions which seemed erroneous or actions that were set to occur, but were never executed. The result of that analysis was that the debt of $834.05 was mistaken and the final leave balance should have been 11 days. 13. The advisory opinion was forwarded to the applicant for acknowledgment/ rebuttal on 15 March 2016 and he concurred on the same date. REFERENCE: Army Regulation 600-8-10 (Leaves and Passes), in effect at the time, prescribed the policies and mandated operating tasks for the leave and pass function of the Military Personnel System. It stated that excess leave is a non-chargeable absence granted for emergencies or unusual circumstances that includes Soldiers pending an administrative discharge. Excess leave was without pay and allowances. DISCUSSION: 1. The applicant incurred a debt of $834.05 for 2 days of excess leave during his period of active duty from October 2004 to June 2005. DFAS conducted extensive research establishing the debt was erroneous and his final leave balance should have been 11 days. 2. The Compensation and Entitlements Division, ODCS, G-1, opined that a review of the facts and statutory authority indicated the applicant was due a reimbursement for an erroneous debt he should not have been charged and a credit of 11 days of leave. The applicant concurred with that advisory opinion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005475 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005475 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2