MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             6 July 2000                
	DOCKET NUMBER:    AR1999032363

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler  		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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:  That the indebtedness claim against him for $1223.42 for excess leave taken in connection with his retirement be excused.

APPLICANT STATES:  That the Retirement Services at Fort Bliss, Texas did the computation of his leave in October 1993 and told him when to start his leave.  He had no way of knowing that they had made a mistake.  He left Fort Bliss in July 1994 and did not receive a leave and earnings statement (LES) after that.  He contends that if there was a mistake made it was not his and he should not be required to pay the debt for excess leave.

In support of his request, he has submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, two copies of DA Form 4187 (Personnel Action) showing that he requested 20 days of Permissive Temporary Duty (PTDY) and 77 days transition leave in connection with his requested retirement, and a letter from the Defense Finance and Accounting Service (DFAS) advising him of his indebtedness to the Department of Defense.

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

He retired with over 20 years of active service effective 1 October 1994 in the grade of sergeant first class.  On 13 October 1993 he requested retirement and 77 days transitional leave beginning 16 July 1994 and ending 30 September 1994, and 20 days PTDY.  His requests were approved, and on 16 November 1993 he was issued orders directing him to report to the Fort Bliss Transition Point on 30 September 1994 for separation processing.  On 30 September 1994 he signed his DD Form 214 and initialed the form indicating that he desired a copy of it.

On 29 September 1995 the DFAS wrote to him in response to his inquiry concerning his indebtedness.  The DFAS advised him that there appeared to be an error in his account and that action was being taken to verify his indebtedness.

On 27 June 2000 a member of the staff of the Board contacted the DFAS regarding the applicant’s indebtedness.  The DFAS advised that the applicant’s original debt was $1223.42 for 14 ½ days excess leave and that he has entered into a repayment plan and still owes $523.41.  He was furnished an itemized accounting of his debt which was for excess leave only and did not include reimbursement for the 20 days PTDY he was granted.

Army Regulation 600-8-10, Leaves and Passes, provides, in pertinent part, that transition leave is a chargeable leave granted together with transition from the service, including retirement.  Leave will not be granted if it exceeds that accrued or to be accrued between the date of approval and the date of transition.  When requesting transition leave DA Form 31, Request and Authority for Leave, will be used.

The same regulation also provides that PTDY is a nonchargeable absence from duty at no expense to the government to perform a semi-official activity that benefits the service and the soldier.  Transition PTDY is authorized for soldiers being released from active duty with an approved voluntary retirement.

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.  The applicant’s record does not contain and he has not furnished a copy of DA Form 31, which would show the number of days leave he had accrued at the time of his leave request; nor, a copy of his LES for the pay period immediately prior to his leave, which would also show the number of days of accrued leave at that time.  Neither has he provided a copy of the itemized indebtedness calculation furnished to him by the DFAS or any evidence of the leave calculations he contends were made by Retirement Services at Fort Bliss.

2.  While it is conceivable that a soldier may not know exactly how many days of leave he has accumulated at any given time, it is difficult to understand how a sergeant first class with over 20 years of service could misread his leave balance by 14 ½ days, particularly since he had applied for the 77 days of leave almost a year in advance.

3.  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

__cmf ___  ___emw_  _jpi_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999032363	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  121.00		
2.   128.10		
3.		
4.		
5.		
6.