BOARD DATE: 30 July 2020 DOCKET NUMBER: AR20180006575 APPLICANT REQUESTS: correction of his record to show his request to be reimbursed for unused leave was approved. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Marriage dated 15 December 1995 * Order# 13-262-00007 dated 19 September 2013 * Order# UB-239-0007 dated 27 August 2014 * Order# UB-239-0007 (A1) dated 24 September 2014 * Order# UB-239-0007 (A2) dated 6 February 2015 * Order# UB-229-0013 dated 17 August 2015 * Order# UB-272-0004 dated 29 September 2015 * Order# UB-229-0013 (A1) dated 30 September 2015 * Order# UB-272-0004 (A1) dated 30 September 2015 * Order# UB-272-0004 (A2) dated 12 September 2016 * Order# A-09-602465 dated 14 September 2016 * Order# UB-272-0004 (A3) dated 21 September 2016 * Order# A-10-602695 dated 21 October 2016 * Order# A-09-602465A01 dated 21 October 2016 * Orders# MM-7072-00003 dated 13 March 2017 * Order# MM-7072-00003A01 dated 13 March 2017 * Memorandum for Record (MFR) – Leave Statement Verification dated 14 August 2017 * DJMS-RC Leave Master – Leave Taken document dated 15 August 2017 * DA Form 31 (Request and Authority for Leave) dated 15 August 2017 * Order# 228-0006 dated 16 August 2017 * DA Form 2142 (Pay Inquiry) dated 16 August 2017 * Order# MM-7072-00003A02 dated 18 August 2017 * USARC Form 30-R (Officer Initial/Additional Active Duty Allowance Statement) dated 20 August 2017 * DA Form 5960 (Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance (VHA) dated 21 August 2017 * Tour Demobilization Reserve Component Leave Calculation dated 24 August 2017 * Order# 234-0003 dated 22 August 2017 * Defense Finance and Accounting Service (DFAS) Leave and Earnings Statements * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 26 October 2017 FACTS: 1. The applicant states that he was medically retired on 26 October 2017 from the Warrior Transition Unit (WTU) at Fort Stewart, Georgia and rated at 100% disabled. He was supposed to receive pay and entitlements for 30 days of accrued leave that wasn’t taken prior to his discharge. He has contacted DFAS previously and received varying answers each time. He was repeatedly told that he would receive payment within a week or two. He was then informed by DFAS that the paperwork was processed too late (after discharge) with errors. As a result, he would need to send his documentation to the DFAS corrections board. He contests that all paperwork was completed well before he was discharged. He provided DFAS with this paperwork two months ago but received nothing in return. He adds that his health is poor and he is unsure why a 30 year veteran would be subjected to this. 2. A review of the applicant’s available personnel records reflects the following: a. After serving as an enlisted Soldier from 28 January 1987 through 27 January 1999, he was commissioned at the rank of Second Lieutenant (2LT) / O-1 on 17 September 1999 (Order# 239 AR) within the West Virginia Army National Guard (ARNG). b. He remained in the ARNG until transferring into the United States Army Reserve (USAR) on 18 May 2011 at the rank of Major (MAJ) / O-4. c. On 14 June 2011 (Order# C-06-108859) he was transferred within the USAR from the Individual Ready Reserve (IRR) to a Troop Program Unit (TPU). d. Starting in July of 2011 he was placed on active duty orders for multiple extended periods of service. On 30 September 2013 he was released from active duty. e. On 19 September 2013 (Order# 13-262-00007) he was ordered to active duty for 365 days in support of Operation Noble Eagle. f. On 27 August 2014 (Order# UB-239-0007) his service was continued on active duty for an additional 365 days effective 1 October 2014. g. On 17 August 2015 (Order# UB-229-0013) his service was again continued on active duty for an additional 243 days effective 2 October 2015. h. On 29 September 2015 (Order# UB-272-0004) his service on active duty was continued for an additional 364 days effective 2 June 2016. i. On 14 September 2016 (Order# A-09-602465) he was retained on active duty for an additional 179 days for the purpose of receiving medical care and treatment effective 4 October 2016. j. On 21 September 2016 (Order# UB-272-0004 A3) Order# UB-272-0004 was amended reducing the period of active duty from 364 days to 124 days. k. On 21 October 2016 (Order# A-09-602465A01) Order# A-09-602465 was amended reducing the period of active duty from 179 days to 16 days changing the proposed end date from 31 March 2017 to 19 October 2016. l. On 21 October 2016 (Order# A-10-602695) he was again retained on active duty for the purpose of receiving medical care and treatment effective 20 October 2016 for a period of 163 days with a projected end date of 31 March 2017. m. On 13 March 2017 (Order# MM-7072-00003) he was he was again retained on active duty for the purpose of receiving medical care and treatment effective 1 April 2017 for a period of 179 days with a projected end date of 26 September 2017. n. On 19 June 2017 a Physical Evaluation Board (PEB) was conducted finding him medically unfit for continued military service recommending that he be permanently medically retired with a disability rating of 100%. o. On 16 August 2017 (Order# 228-0006) he was released from assignment due to a physical disability effective 26 October 2017 and placed on the retired list on 27 October 2017. The issued DD Form 214 reflects continuous active duty service from 1 October 2013 through the effective date. 3. The applicant provides the following: a. Certificate of Marriage dated 15 December 1995 reflective of him being married on 14 December 1995. b. Order# 13-262-0007 dated 19 September 2013 reflective of him being placed on active duty for a period of 365 days. c. Order# UB-239-0007 dated 27 August 2014 reflective of him being placed on active duty for a period of 365 days. d. Order# UB-239-0007 (A1) dated 24 September 2014 reflective of his previous order being amended resulting in a change in the accounting classification. e. Order# UB-239-0007 (A2) dated 6 February 2015 reflective of his previous order being amended resulting in a change in the accounting classification. f. Order# UB-229-0013 dated 17 August 2015 reflective of him being placed on active duty for a period of 243 days effective 2 October 2015 g. Order# UB-272-0004 dated 29 September 2015 reflective of him being placed on active duty for a period of 364 days effective 2 June 2016. h. Order# UB-229-0013 (A1) dated 30 September 2015 reflective of the previous order being amended resulting in a change in the accounting classification. i. Order# UB-272-0004 (A1) dated 30 September 2015 reflective of the previous order being amended resulting in a change in the accounting classification. j. Order# UB-272-0004 (A2) dated 12 September 2016 reflective of the previous order being amended to add a change in the Defense Travel System (DTS) Line of Accounting (LOA). k. Order# A-09-602465 dated 14 September 2016 reflective of him being placed on active duty for a period of 179 days effective 4 October 2016. l. Order# UB-272-0004 (A3) dated 21 September 2016 reflective of his previous order being amended to reflect a change in the period of active duty from 364 days to 124 days. m. Order# A-10-602695 dated 21 October 2016 reflective of him being placed on active duty for a period of 163 days effective 20 October 2016. n. Order# A-09-602465A01 dated 21 October 2016 reflective of his previous order being amended from 179 days to 16 days with an end date of 19 October 2016. o. Order# MM-7072-00003 dated 13 March 2017 reflective of him being placed on active duty for a period of 179 days effective 1 April 2017. p. Order# MM-7072-00003A01 dated 13 March 2017 reflective of his previous order being amended to reflect a change of duty location from Fort Stewart, Georgia to Spring Hill, FL. q. Memorandum for Record (MFR) – Leave Statement Verification dated 14 August 2017 reflective of his commander certifying that he had not taken leave while assigned to the WTU as of 4 October 2016. r. DJMS-RC Leave Master – Leave Taken document dated 15 August 2017 reflective of his executed leave days from 7 June 2012 through 11 November 2015; total chargeable leave days used - 98 days. s. DA Form 31 (Request and Authority for Leave) dated 15 August 2017 reflective of his approved request for 60 days leave from 28 August through 26 October 2017; total accrued leave reflects 90 days. t. Order# 228-0006 dated 16 August 2017 reflective of him being released from active duty because a physical disability incurred while entitled to basic pay effective 26 October 2017. u. DA Form 2142 (Pay Inquiry) dated 16 August 2017 reflective of his request to verify his accumulated leave. As of this date he provides that his leave balance is 84 days. v. Order# MM-7072-00003A02 dated 18 August 2017 reflective of his previous order being amended to reflect a change in the tour length from 179 days to 209 days; also the purpose was changed from extension to release from active duty (REFRAD). w. USARC Form 30-R (Officer Initial/Additional Active Duty Allowance Statement) dated 20 August 2017 reflective of his application for uniform allowance. x. DA Form 5960 (Authorization to Start, Stop or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance (VHA) dated 21 August 2017 reflective of his recertification of his BAQ entitlement at the married rate. y. Tour Demobilization Reserve Component Leave Calculation dated 24 August 2017 reflective of a calculated final leave balance of 30 days. This document is consistent with the provided leave request as well as the periods listed on the DJMS – RC Leave Master. z. Order# 234-0003 dated 22 August 2017 reflective of a change in his date of rank as provided to reflect 14 April 2014. aa. Defense Finance and Accounting Service (DFAS) Leave and Earnings Statements reflective of 62.5 days of accumulated leave effective 1 November 2011; “0” previously paid leave days. bb. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 26 October 2017 reflective of his medical retirement effective 26 October 2017. 4. The applicant did not provide previous correspondence with DFAS. 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board found the applicant had an unused leave balance of 30 days at the time of his retirement and he had not previously "sold back" leave during his military career. As such, he was authorized to be paid for his unused leave and it appears an administrative error prevented the payment from being made. The Board determined the record should be corrected to show his request to be reimbursed for 30 days of unused leave was approved in a timely manner and he should be paid any monies he is due as a result of this correction. 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 showing his request to be reimbursed for 30 days of unused leave in conjunction with his retirement was approved in a timely manner and paying him any monies he is due as a result of this correction. 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 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. Transition leave (formerly called terminal leave) is a chargeable leave granted together with transition from the Service, including retirement. The unit commander or designee is the approval authority for transition leave requests. The leave and pass program is designed to allow Soldiers to use their authorized leave to the maximum extent possible. A caution to Soldiers who do not take leave, that they may lose leave at the end of the fiscal year (FY). Also, Soldiers who maintain a 60-day leave balance, and wait late in the FY to take leave, will be informed that they risk loss of leave over 60 days if the operational situation requires their presence. Accrued leave that exceeds 60 days at the end of the fiscal year is lost except as authorized. Paragraph 2-4 (Payment of Accrued Leave) provides that by law, payment of accrued leave is limited to 60 days one time during a military career, unless earned in a missing status. 2. DOD 7000.14-R (Financial Management Regulation) states that member who is discharged under honorable conditions is entitled to payment of unused accrued leave unless he or she continues on active duty under conditions that require accrued leave to be carried forward. There is a 60-day maximum entitlement for payment of unused leave during a military career. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006575 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1