PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 September 2002
	DOCKET NUMBER:   AR2002076899

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 that the ordinary leave he was charged with for the period 9 to 18 August 2000 be changed to permissive temporary duty (TDY).

3.  The applicant states that although the Request and Authority for Leave, DA Form 31, submitted showed he requested permissive TDY, he was charged with ordinary leave.  He provides a reconstructed DA Form 31 and a memorandum dated 6 November 2000 from his unit adjutant as supporting evidence.

4.  The applicant’s military records show that he requested retirement on           27 January 2000.  On 5 June 2000, he completed a DA Form 31 and requested 10 days of permissive TDY for the period 9 to 18 August 2000.

5.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant was charged with ordinary leave from 1 through 3 August, ordinary leave from 9 through 17 (not 18) August, ordinary leave from 28 through           29 August, and terminal leave from 2 through 30 September 2000.

6.  The applicant retired on 1 October 2000.

7.  The provided 6 November 2000 memorandum from his unit adjutant confirms the applicant was on permissive TDY during the period 9 to 18 August 2000 and should not have been charged with ordinary leave.

CONCLUSIONS:

1.  Although the original DA Form 31 is not available, there is sufficient evidence to show the applicant requested permissive TDY, not ordinary leave, during the period 9 to 18 August 2000.  For an unknown reason, DFAS charged him with ordinary leave for the period 9 through 17 August 2000.  (It cannot be determined if the applicant returned on 17 or 18 August.)  This may have caused him to not be paid for accrued leave upon his retirement.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was on permissive TDY during the period      9 to 18 August 2000.

2.  That the applicant's finance records be adjusted to delete the charged ordinary leave during the period 9 through 17 August and, if applicable, he be paid any accrued leave due.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FNE __  __ BJE  _  __WDB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002076899	
SUFFIX		
RECON		
DATE BOARDED	2002/09/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	121.03	
2.		
3.		
4.		
5.		
6.