IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150012441 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150012441 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. amending Orders Number 311-017, to show the: (1) orders were published on published on 19 August 2011; the date her initial assignment orders were published, instead of on 7 November 2011, and (2) report date as 1 October 2011 instead of 15 November 2011. b. voiding her DA Form 31, dated 19 August 2011; c. correcting her leave form, dated 18 August 2011, to show she signed in off of leave at her new duty station, Headquarters and Headquarters Company, 1st Theater Sustainment Command, Fort Bragg, NC on 30 September 2011 at 2359 hours; and d. correcting her pay records to show she was present for duty on 1 October 2011, crediting her with 45 days of leave, and paying her for the 45 days of leave providing she is otherwise eligible to receive such payment. _____________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. IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150012441 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, in effect, restoration of the leave she was charged from 1 September 2011 through 15 November 2011. 2. The applicant states that she departed her unit in Egypt due to a permanent change of station (PCS) with a follow-on assignment to Iraq, with temporary duty (TDY) enroute to attend school at Fort Polk, LA, on 2 October 2011. She was instructed to take leave prior to arriving to her new assignment. She departed Egypt on 1 September 2011 with 30 days of leave. While she was on leave, she received an email from the school informing her not to report on 2 October 2011 because the class did not start until 17 October 2011. She then received an email informing her not to PCS and to get in touch with her branch because her PCS assignment was cancelled. She contacted her branch and asked if she needed to sign in off of leave somewhere until her branch could get her another assignment. Her branch told her not to sign in anywhere and informed her that they would get her orders. It took 45 days for her branch to get her orders. 3. The applicant provides: * Orders Number 231-013, dated 19 August 2011 * DA Forms 31 (Request and Authority for Leave, dated 18 August 2011 and 19 August 2011\ * Various email transmissions, dated from 27 September 2011 through 21 December 2011 * Orders Number 311-017, dated 7 November 2011 * Memorandum for Record, dated 21 November 2011 * Memorandum for Finance Office, dated 5 December 2012 * Memorandum for the Defense Finance and Accounting Service (DFAS), undated * DFAS Case Management - View Case document CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer on 16 June 1990 and entered active duty on 24 June 1990. She was later appointed as a Regular Army commissioned officer on 18 April 2005. 2. She was promoted to lieutenant colonel (LTC) on 1 October 2010. 3. Her record contains two Officer Evaluation Reports (OER) showing she was assigned to the Office of Military Cooperation-Egypt, U.S. Embassy, Cairo, Egypt, U.S. Central Command (CENTCOM) during the rated periods from 21 May 2010 to 20 May 2011 and from 20 May 2011 through 31 August 2011. 4. Orders Number 231-013, published by the U.S. Army Installation Command, Headquarters, U.S. Army Garrison, Fort Stewart/Hunter Army Airfield, Army Personnel Processing Center, MacDill Air Force Base, FL, on 19 August 2011: a. list the applicant's name and show she was assigned to U.S. Army Element, Headquarters, CENTCOM, MacDill Air Force Base, at the time the orders were published. b. assigned her to U.S. Army Iraq, Transition Training Team, Kuwait, with a reporting date of 14 December 2011. c. assigned her to Fort Polk, LA, for TDY to receive training in support of the Army Transition Team mission. Her period of TDY was listed as 2 October 2011 through 14 December 2011, and she was directed to report on 2 October 2011; early reporting was not authorized. d. state that her unit commander would ensure that she had a DA Form 31 in her position before departing. 5. She provided the following emails dated from 27 September 2011 to 2 November 2011: a. On 27 September 2011, she received an email from Master Sergeant (MSG) JLT, subject: Report Date. The email reads: "Ladies/Gentlemen, A couple of you have contacted us in ref[erence] to reporting on 2 Oct[ober 2011]…we understand your orders may state that date; however, the actual report date of class 135 is not until 17 Oct[ober 2011]. Trainees are not authorized to report earlier than 3 days prior to the start date…in this case, that would be 14 Oct[ober 2011]. If you show up earlier than 14 Oct[ober 2011], you will be 1) forced to go back on leave until 14 Oct[ober 2011] or 2) if you don't have leave days, you'll have to work in the S3, DCC, or Rear Detachment until the report date. We do not have the facilities to support early arrivers, that's why it's important you don't arrive early." b. She received another email from MSG JLT, dated 6 October 2011, subject: Report Date. The email reads: "Ladies/Gentlemen, Hopefully you have received some type of notification from your branch managers at this point, but if not, this mission has been deleted. You will not report to Fort Polk for training or PCS to this assignment. Please contact your branch managers immediately for any issues, questions, etc. … we cannot assist you from here, as we're only the school house and do not handle individual assignments." c. On 7 October 2011, the applicant forwarded the email traffic, subject: Report Date, to LTC LH and courtesy copied MAJ RDA and provided her contact information. LTC LH and MAJ RDA appear to be her branch assignment managers at the U.S. Army Human Resources Command (HRC). d. On 13 October 2011, she received an email from LTC AHS, an assignments officer at HRC, subject: Assignment, 1st Theater Support Command. LTC AHS courtesy copied MAJ RDA on this email, which reads: "Your assignment to USA Iraq Transition Team has been deleted due to recent operational changes. Based on your DWELL and current priorities, you are being considered for assignment to 1st Theater Support Command, Fort Bragg, NC. Please provide any assignment considerations as we work through the revocation process." e. On 13 October 2011, she replied to the email from LTC AHS and courtesy copied MAJ RDA. The email she sent reads: "In talking with MAJ RDA, he stated this would be a two year assignment. Will this be down range or at Bragg? I don't have a problem with it being down range. I do not want to establish another residents while my kids are in Atlanta. Can I sign in to Fort Gillem or Fort Benning until I get an assignment? Please let me know." f. On 14 October 2011, LTC AHS replied to the email from the applicant. The email reads: "It is a two year assignment with rotations into Kuwait. We will have the RFO [Request for Orders] released in a matter of days pending significant hardship." g. On 2 November 2011, she received an email from MAJ RDA, subject: Correction to Orders. The email reads: "Ma'am, CENTCOM G1 is having issues cutting your PCS orders with your current RFO. Long story short, you are going to be receiving several emails today where I have to revoke your orders, put you back on the [Transition Team] orders and then divert you to 1TSC [1st Theater Support Command]. I wish I could fix it in a way that is invisible and convenient for you, but you will see the emails. Your G1 will need the newest RFO diverting you to 1TSC in order to cut your orders and make sure you get all of your pay and allowances for your hassles." 6. Orders Number 311-017, published by the U.S. Army Installation Command, Headquarters, U.S. Army Garrison, Fort Stewart/Hunter Army Airfield, Army Personnel Processing Center, MacDill Air Force Base, FL, on 7 November 2011: a. list the applicant's name and show she was assigned to U.A. Army Element, Headquarters, CENTCOM, MacDill Air Force Base, at the time the orders were published. b. released her from her assignment to U.S. Army Iraq, Transition Training Team, Kuwait, and reassigned her to Headquarters and Headquarters Company, 1st Theater Sustainment Command, Fort Bragg, NC, with a report date of 15 November 2011. c. state that her unit commander would ensure that she had a DA Form 31 in her possession before departing. 7. On 19 November 2011, the applicant replied to the email from MAJ RDA, subject: Correction to Orders. Her response reads: "Reference to the leave that was expended, finance stated that I need a letter stating I was on administrative leave in order not to use all my leave. The administrative leave would be from 2 Oct[ober 2011] - 15 Nov[ember 2011] (those dates are both report dates). I did not receive my orders until 7 Nov[ember 2011]." 8. On 22 November 2011, the applicant's branch manager, MAJ RDA, sent her an email to inform her that he attached the memorandum she requested to his email. He further asked that she let him know if she needed any other substantiating information. a. The attachment he provided is a Memorandum for Record, subject: [Applicant] Assignment Transition, prepared by MAJ RDA on 21 November 2011. b. The memorandum shows that MAJ RDA requested the applicant's placement on administrative leave from 2 October 2011 to 15 November 2011. He stated the applicant was on an assignment instruction, which was cancelled due to policy changes with Iraq Transition Teams. Her assignment was further amended causing her to incur additional travel and transition. The applicant was on leave while HRC validated a requirement that supported her current assignment and was no fault of her own. 9. She provided a memorandum for the Finance Office - Control Section, subject: Erroneous Chargeable Leave Period. The 1st Sustainment Command (Theater), Kabul, Afghanistan, Assistant Chief of Staff, LTC TWZ, signed this memorandum on 5 December 2012. The memorandum states: a. The applicant was erroneously charged leave from 2 October 2011 to 15 November 2011. While on assignment to a duty station outside the continental United States (OCONUS), the applicant received orders to proceed on TDY enroute to her next assignment. As she arrived stateside, she received notification that her assignment was cancelled. Her branch manager, MAJ RDA, advised her not to sign in to any unit and that he would expedite her orders to her. However, she did not receive orders to report to the 1st Theater Sustainment Command, Fort Bragg, NC until 7 November 2011, with a report date of 15 November 2011. b. The applicant's branch manager signed her in from leave on 2 October 2011; accordingly, the applicant should not have been charged leave from 2 October 2011 through 15 November 2011, and is requesting reinstatement of these days. c. This memorandum indicates that all the supporting information was attached to the memorandum and respectfully requested necessary action be taken to reconcile the applicant's leave account. 10. On 19 December 2011, the applicant sent an email to her branch manager, MAJ RDA. The email states she was just following up to see where they stood on changing the memorandum he sent her to read that she was attached, or whether he preferred that she send him a copy of her leave form for him to sign her in effective 2 October 2011. 11. On 21 December 2011, MAJ RDA responded to her 19 December 2011 email. His response reads: "Ma'am, If you will send me the leave form I will sign you in, scan it and return it to you … I definitely want to make sure you don't lose all those leave days." 12. She provided a DA Form 31, which she signed with her Common Access Card (CAC) as the requestor on 18 August 2011, and shows her station of origin as the American Embassy in Cairo, Egypt, and shows her leave address as Union City, GA. This form also shows she requested 30 days of ordinary leave from 1-30 September 2011. a. There is no block mark to indicate whether approval authority authorized this leave or when she departed her unit. b. Her branch manager, MAJ RDA, signed her in off of leave as the return authority on 2 October 2011. 13. She provided a DA Form 31, which she signed with her Common Access Card (CAC) as the requestor on 12 September 2013, that shows her station of origin as the American Embassy in Cairo, Egypt and shows her leave address as Union City, GA. This form also shows she requested 30 days of ordinary leave from 1-30 September 2011. a. Her supervisor recommended approval of the leave and the approval authority also signed the form. b. The applicant appears to have signed as the departure and return authority and indicated she departed her unit on 1 September 2011 at 0400 hours and returned/signed in off leave on 30 September 2011 at 2345 hours. 14. She provided an undated memorandum for DFAS, subject: Recovery of Leave, wherein she states: a. In September 2011, she PCS'd from Egypt enroute to Iraq via Fort Polk with a report date of 2 October 2011. On 27 September 2011, she received an email from MSG JLT, stating, "the actual report date of class 135 was not until 17 October 2011. Trainees were not authorized to report earlier than 3 days prior to the start date." b. On 7 October 2011, she receive another email from MSG JLT stating, "Hopefully you have received some type of notification from your branch manager at this point, but if not, this mission has been deleted. You will not report to Fort Polk for training or PCS to this assignment." c. The applicant informed her branch of the email, and the branch asked her to forward them a copy because they were not aware. She asked her branch manager, MAJ RDA, if she needed to go sign in somewhere; he said no, the branch would expedite her orders. She received her orders on 7 November 2011 to report to the 1st Theater Sustainment Command on 15 November 2015. d. When she in-processed, she began inquiring about recovering the additional 45 days of leave that occurred while she waited on orders. She spoke with Mr. RP at the Fort Bragg Finance office to try to recover her leave, along with her branch manager, MAJ RAD. 15. Her record contains an OER showing she was assigned to the 1st Sustainment Command (Theater), Fort Bragg, NC, during the rated period from 1 September 2011 to 1 June 2012. This OER also reflect that the rating period was 9 months long and did not include any nonrated codes. ` 16. She provided a DFAS Case Management - View Case document showing that DFAS opened a case on 16 May 2013. The visible action/comments state: a. DFAS was unable to process the applicant's request to restore her leave because there were discrepancies in the supporting documentation. b. The Master Military Pay Account (MMPA) shows the applicant took 75 days of leave from 2 September 2011 to 15 November 2011. c. The message/documents cancel the leave period from 2 September 2011 to 15 November 2011. d. The MMPA also reflects the Date Departed Last Duty Station as 1 September 2011 and lists the arrival date as 16 November 2011, meaning that 1 September 2011 to 15 November 2011 or 76 days must be accounted for. e. [SG (possibly meaning a database)] reflects that there was 1 day of travel, and the other 75 days were accounted for from 2 September 2011 to 15 November 2011. f. If leave was charged only for the period 1 September 2011 to 1 October 2011, the period from 2 October 2011 through 15 November 2011 must be accounted for elsewhere, perhaps with travel or TDY. g. If the Date Departed Last Duty Station is incorrect then supporting documents with the correct PCS information need to be provided. 17. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably retired from active duty on 12 October 2015. REFERENCES: 1. Army Regulation 600-8-10 (Leaves and Passes) prescribes the policies and mandated operating tasks for the leave and pass function of the Military Personnel System. It provides a single-source operating document to the field, and as such, is binding on all communities involved in granting leaves and passes. a. Paragraph 2-4 states payment of accrued leave is made per DOD Financial Management Regulation 7000.14–R. Payment of accrued leave is made per Title 37, U.S. Code, section 501h. By law, payment of accrued leave is limited to 60 days one time during a military career, unless earned in a missing status. b. Paragraph 4-1 states requests for leave will not be approved which encompass two or more periods of absence during which the Soldiers are not required to perform duty from the end of one leave period to the beginning of another leave period. Exceptions may be granted under emergency or unusual circumstances as determined by the leave approval authority. c Army Regulation 600-8-10, chapter 7, states chargeable leave may be granted in conjunction with PCS or TDY. The DA Form 31 will be used to grant leave together with PCS and TDY. Paragraph 7-3 addresses the rules for granting PCS leave and directs commanders to grant the maximum leave prescribed (30 days) unless the Soldier does not desire leave or does not desire the full amount of leave or military operational requirements preclude leave. 2. The Joint Travel Regulations, chapter 2 (Official Travel), part C (Travel Order) states in: a. Paragraph 2200 (General), that a travel order is a document, issued/approved by the Secretarial Process, directing travel to/from/between designated points and serving as the basis for reimbursement by the Government of official travel, transportation, and reimbursable expenses. The order establishes conditions for Government funded official travel and transportation, and is the reimbursement basis for the traveler. An order should be issued before travel is performed. Travel reimbursement is not authorized when travel is performed before receipt of a written/oral order. Generally, an order is necessary except when same day in and around local travel with no lodging requirement is involved. b. Paragraph 2205 (Retroactive Order Modification and Authorization/Approval) that an order may be retroactively corrected to show the original intent, but that an order must not be revoked/modified retroactively to create/deny/change an allowance. For example: After travel is completed, it would be improper to amend an order to 'un-authorize' travel that the order clearly permitted. When an allowance may be approved after the fact, that approval, after the fact, does not constitute "retroactive modification" of an order to create/change/deny an allowance. DISCUSSION: 1. The evidence of record shows the applicant was assigned to the U.S. Embassy, Cairo, Egypt, CENTCOM, when Orders Number 231-013 were published on 19 August 2011. These orders directed her to report to a schoolhouse at Fort Polk, LA, for TDY on 2 October 2011 prior to her assignment to U.S. Army Iraq, Transition Training Team, Kuwait, with a reporting date of 14 December 2011. 2. She completed a leave form on 18 August 2011, wherein she requested to take 30 days of leave from 1 September 2011 to 30 September 2011. 3. On 27 September 2011, she received an email from the schoolhouse at Fort Polk informing her that the report date of 2 October 2011 listed on her orders was incorrect, the course did not begin until 17 October 2011, and students were not authorized to report until 14 October 2011. 4. On 6 October 2011, she received another email from the school, informing her that the school training and her assignment had been canceled due to changing mission requirements and that she should contact her branch manager. The email also told her that she could not report of sign in at the schoolhouse. 5. The applicant contacted her branch. The branch confirmed the assignment was deleted and told her that they would work to expedite her orders to another CENTCOM assignment. She asked if she should find a location to sign in off of leave and was told "no." 6. Orders Number 311-017, published on 7 November 2011 released her from her assignment to U.S. Army Iraq, Transition Training Team, Kuwait, and reassigned her to Headquarters and Headquarters Company, 1st Theater Sustainment Command, Fort Bragg, NC, with a report date of 15 November 2011. 7. The applicant was charged with an additional 45 days of leave because of the unusual circumstances involving the cancelation of her initial assignment after she departed Egypt and the time it took to issue new orders. 8. The applicant's chain of command and her assignment officer attempted to assist her in rectifying the situation by signing her back in from leave and requesting that DFAS credit her with the 45 days of leave she lost. Unfortunately, DFAS was unable to rectify the situation. 9. The applicant retired on 12 October 2015, before DFAS or the Army could resolve her leave situation. As such, it is impossible for her to use the 45 days of leave. If the Board recommends relief, the only possible remedy is to pay her for the 45 days she lost, provided she is eligible to receive such payment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012441 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012441 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2