PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 April 2002                   
	DOCKET NUMBER:   AR2001060122

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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 the correction of his records to show that he was paid for 28 days of accrued leave and not 50 days, as reflected on his DD Form 214 (Certificate of Release or Discharge From Active Duty).

3.  The applicant states that his DD Form 214 incorrectly indicates he was paid for 50 days of accrued leave.

4.  The applicant’s military records show that he reenlisted in the Regular Army on 3 May 1995.  He was honorably separated on 24 May 2001.

5.  His DD Form 214 dated 31 July 1985 reflects that he was paid for 32 days of accrued leave.

6.  His DD Form 214 dated 24 May 2001 reflects that he was paid for 50 days of accrued leave.

7.  In the processing of this case an advisory opinion was obtained from the Defense Finance and Accounting Service.  They advised that a review of the applicant’s master military pay account indicates that upon separation on 24 May 2001 he was paid for 28 days of accrued leave.  They recommend correction of the applicant’s DD Form 214 to reflect 28 days accrued leave paid.  The opinion was made available to the applicant for comment.  No comment has been received.

8.  Army Regulation 600-8-10 provides, in pertinent part, that since 10 February 1976, soldiers can sell no more than 60 days leave one time during a military career, except as authorized by Section 501 of Title 37 United States Code as implemented by the Department of the Defense Pay Manual.

CONCLUSIONS:

1.  The applicant’s contention that he was paid for 28 days of accrued leave and not 50 is supported by his records and the information available.  The applicant was previously paid for 32 days of accrued leave, which would leave a maximum of 28 leave days remaining for possible sale.  His master military pay account confirms that upon his 24 May 2001 separation he was paid for 28 days; therefore, his DD Form 214 should be corrected to reflect 28 days accrued leave paid.

2.  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 correcting his DD Form 214 dated 24 May 2001 to reflect 28 days accrued leave paid.

BOARD VOTE:  

___kak__  ___mdm   ____tl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Karol A. Kennedy______
		        CHAIRPERSON

INDEX

CASE ID	AR2001060122	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020423	
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.	121.02	
2.		
3.		
4.		
5.		
6.