BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20180001048 APPLICANT REQUESTS: * remission of debt associated with leave that was charged but not taken * reimbursement for 20 days of active duty pay and any excess leave penalties and fees APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 31 (Request and Authority for Leave) * Memorandum for Record – Verification of Duty Status * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Order# 036-0039 * Order# 077-0019 * Debt Summary Record FACTS: 1. The applicant states that he was wrongfully charged for leave that was not taken from 19 March 2015 through 7 April 2015. He contests that his leave form was voided by his Commander. A case was submitted to correct the charged leave error through the Finance office; however, the leave was still charged resulting in a debt within his Army National Guard (ARNG) pay account. He is requesting reimbursement for 20 days of active duty and any excess leave penalties and fees charged. 2. A review of the applicant’s available service records reflects the following on: * 1 September 2010 – he enlisted in the Army Delayed Entry Program (DEP) * 26 January 2011 – he was released from the DEP and transferred into the Regular Army * 17 March 2015 – he reenlisted for 3 years * 21 June 2015 (Order# 036-0039) – he was released from active duty and transferred into the Army National Guard (ARNG) * 17 May 2016 – he extended/reenlisted for 6 years 3. The applicant provides the following a: * DA Form 31 (Request and Authority for Leave) dated 15 January 2015 – reflective of permissive temporary duty (PTDY) from 19 March 2015 through 7 April 2015; this document was voided * DA Form 31 (Request and Authority for Leave) dated 15 January 2015 – reflective of 75 days of transition leave from 8 April 2015 through 21 June 2015 * Memorandum for Record – Verification of Duty Status dated 23 April 2017 – reflective of his commander statement pertaining to him being present for duty from 19 March 2015 through 7 April 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 21 June 2015 – reflective of his discharge from active duty * Order# 036-0039 dated 5 February 2015 – reflective of his release from active duty on 21 June 2015 and transfer into the Army Reserve Control Group (Reinforcement) * Order# 077-0019 dated 18 March 2015 – reflective of an amendment to his previous discharge order changing his discharge from assignment to the Control Group to a unit within the ARNG * Debt Summary Record – reflective of a debt in the amount of $1,824.00 originating on 21 June 2015; current balance at that time was $598.45; however, the document now indicates (handwritten) that there is a zero balance – document is void of information pertaining to what this debt is for 4. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. The applicant should be receive a remission of his debt associated with leave that was charged but not taken and he should be reimbursed for 20 days of active duty pay and any excess leave penalties and fees. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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. Cancelling his debt for leave that was charged but not taken and refund him money collected on the debt b. Reimbursing him for 20 days of active duty pay and any excess leave penalties and fees. 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. REFERENCES: 1. Army Regulation (AR) 600-8-10 (Leave and Pass) states that ordinary leave is a chargeable leave granted in execution of the commander’s annual leave program. Ordinary leave or pass may be taken together with PTDY subject to the approval of the commander concerned. CONUS based Soldiers being released from active duty who will transition and reside in CONUS or OCONUS are authorized 10 days transition PTDY and may be authorized an additional 10 days up to a total of 20 days transition PTDY. Request for transition PTDY in conjunction with transition (ordinary) leave. A DA Form 31 will be completed and processed for each period of PTDY in accordance with chapter 4, section XI, paragraph 4–22. Block 17 must indicate Soldier is authorized (number of days) PTDY in conjunction with transition for (reason.). The Soldier’s transition departure date will be adjusted to accommodate approved PTDY, transition leave, and/or travel time. a. Transition leave (formerly called terminal 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 date of transition. b. Permissive Temporary Duty (PTDY) is a non-chargeable absence from duty may be granted 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 under conditions described in this paragraph. It is an authorization, not an entitlement. Permissive temporary duty is a non- chargeable absence and is an option for eligible Soldiers. Permissive TDY is requested on a DA Form 31. Block 17 of the form should contain the following statement “I understand that this absence is not directed by any official of the U.S. Government. I further understand that I cannot conduct public business under this authorization. Accordingly, I will not be entitled to reimbursement for travel, per diem, or any other expenses. I understand that I have the right to cancel it at any time and return to my regular place of duty”. c. Soldiers are not eligible for any PTDY if they are voluntarily separating as a result of expiration of term of service or expiration of service agreement. d. Excess leave is a non-chargeable absence granted for emergencies or unusual circumstances or as otherwise specified in this regulation. Excess leave is normally not authorized together with separations except as authorized. 2. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States. 3. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001048 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1