IN THE CASE OF: BOARD DATE: 26 October 2021 DOCKET NUMBER: AR20200009682 APPLICANT REQUESTS: Correction of his record to show he was approved for Special Leave Accrual (SLA), and restitution of his full pay and allowances in the amount of $1,624.34; due to a Defense Finance and Accounting Service (DFAS) error. A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DFAS, Leave and Earnings Statement (LES), for the period 1-31 October 2016 * DFAS, Case Management System (CMS) – Review Case, from the Defense Military Pay Office (DMPO), Fort Polk, dated 19 October 2017 * Army Review Boards Agency (ARBA), Case Management Division (CMD), acknowledgment of receiving application, dated 4 June 2018 * Memorandum for CMD - Subject: Notification of Address Change for case Army Board for Correction of Military Records (ABCMR) Docket AR20180007572, dated 18 November 2020 FACTS: 1. The applicant states DFAS made an accounting error in the computation of his Combat Zone (CZ) leave carry over balance and his regular earned leave. DFAS is required to decrement CZ leave carry over balance first, then decrement regular earned leave. DFAS incorrectly decremented his regular leave, and then incorrectly decremented his CZ leave carry over balance. The error caused his CZ leave carry over balance to expire; this resulted in him incurring a U.S. Government debt of $1,624.34. 2. A review of the applicant's official records shows the following: a. On 7 February 1991, having had prior enlisted service in the Regular Army, the applicant was appointed as a Reserve commissioned officer and executed an oath of office. b. The applicant was honorably Released from Active Duty (REFRAD) on 30 April 1996. DD Form 214 (Certificate of Release or Discharge from Active Duty), shows he completed 5 years, 2 months, and 24 days of net active service this period; and 2 years, 5 months, and 2 days of prior active service. c. On 2 May 1996, the applicant was appointed as a Reserve commissioned officer in the Pennsylvania Army National Guard (PAARNG) and executed an oath of office. d. On 1 November 2006, the applicant was ordered to active duty in an Active Guard/Reserve status. e. He was honorably REFRAD on 31 August 2017. DD Form 214, shows he served in Iraq from 17 January 2008 thru 4 April 2009 and in Afghanistan from 28 April 2012 thru 8 December 2012. f. On 1 October 2017, the applicant was again ordered to active duty in a contingency operation active duty operational support status. g. He was honorably REFRAD on 28 February 2021. DD Form 214, shows; he served in Germany from 1 October 2017 thru 30 June 2018; and in Saudi Arabia from 14 May thru 18 October 2020. 3. The applicant provides: a. LES for the pay period 1-31 October 2016 showing the following: * Beginning balance of 64 days * Earned 2.5 days * Used 0 days * Current Balance of 66.5 days * Leave Lost 9.0 days * Use or Lose Leave 34 days * Combat Zone Leave Carryover Balance of 64 days (expires 30 September 2016) b. DFAS, CMS - Review Case, from the DMPO, Fort Polk, showing a case was opened on 19 October 2017. The facts surrounded his case are as follows: * when he out-processed Fort Polk, LA in May 2017, the system was showing he had 81.5 days of terminal leave * he took 81 days of leave * on his final payment he was charged with taking excess leave * the DMPO found a correction done in August 2017 decreasing his BF leave balance c. The Action/Comments box shows the following: "Service member has a BS that was not closed this kept his leave brought forward over 60 days (max) in August 2017 when his E503 was input this erroneous BS__ prevented E503 (Separated Status) from processing. Corrections were made to B lines carried forward to correct amount 60. This problem was not found till separation data was__ thus Service Member was of course not aware of that his leave was being reported erroneous." d. A change of address memorandum to CMD for his 2018 case. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members thoroughly reviewed the applicant's statement, supporting evidence, and the service record. Board members noted that when the applicant out-processed Fort Polk in May 2017, his records reflected he had 81.5 days of leave. He took 81 days of leave. On his final payment he was charged with taking excess leave. Instead of charging and exhausting his special leave accrual/combat zone leave carryover first, it looks like his regular leave was charged instead. This led to his special leave accrual to expire and caused him a $1,624.34 debt. He was unaware of the administrative error and he should not be penalized because of it. Based on a preponderance of evidence, the Board determined that the applicants record upon separation was in error or unjust. ? 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 when the applicant out-processed Fort Polk, LA in May 2017, his pay record reflected he had 81.5 days of terminal leave * showing the applicant took 81 days of transition leave, ending on 31 August 2017 * showing his special leave accrual was exhausted first, then his regular leave * restitution of his full pay and allowances in the amount of $1,624.34 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. Title 10, United States Code (USC): a. Section 701(1)(a) states the Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member who accumulates leave in excess of 75 days (authorized between 1 October 2008 – 30 September 2015) to retain an accumulated total of 120 days. b. Section 701(1)(b) this subsection applies to a member who serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay, is assigned to a mobile unit or to other duty designated for the purpose of this section, or on or after 29 August 2005, performs duty designated by the Secretary of Defense as qualifying duty for purposes of this section. 2. Department of Defense Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy – Active Duty and Reserve Pay), Section 350202 (Leave Accounting), directs the following: a. A(2). Leave accrued in a CZ or Qualified Hazardous Duty Area (QHDA), or while hospitalized as a result of action in such a zone or area, is generally known as CZTE leave. All leave earned during a month in which a member serves for any period of time in a CZ or QHDA area is CZTE leave. A single day of qualifying service in such circumstance qualifies all leave accrued in that month as CZTE leave. b. B(3). A member who serves on active duty while entitled to hostile fire/imminent danger pay for a continuous period of at least 120 days may carry forward up to 120 days of SLA into the new fiscal year. Under this exemption, unused leave may be carried forward until the end of the third fiscal year following the fiscal year in which the service in the qualifying hostile fire/imminent danger area is terminated. If the 120 days of SLA were earned during the period 1 October 2008 through 30 September 2015, then unused leave may be carried forward until the end of the fourth fiscal year following the fiscal year in which the service in the qualifying hostile fire/imminent danger area is terminated. c. B(4) The maximum amount of SLA leave that may be carried forward is the leave balance at the end of the fiscal year following the end of the SLA period not to exceed 120 days. The maximum amount will be reduced to a new level whenever the leave balance drops below the previously set level. If at any time the leave balance drops to or goes below 60 days, or 75 days during the period 1 October 2008 to 30 September 2014, then there is no longer any SLA protected leave. If the leave balance is over 60 days, but is below 75 days between 1 October 2014, and 30 September 2015, then the SLA is protected. Subject to this rule, if on 1 October 2015, a member had between 60 and 75 leave days and those leave days were entitled to SLA protection, the member will retain their SLA protected leave in accordance with Title 10, USC, section 701. 3. Department of Defense Instruction 1327.06 (Leave and liberty Policy and Procedures): a. Section 1h states in accordance with Title 10, USC, section 701, Service members assigned under certain conditions are eligible to accumulate and maintain leave in excess of normal limits established under paragraph 1.f. of this enclosure. Because SLA often occurs under conditions that qualify the Service member for CZTE or combat zone tax relief, the Services must be able to differentiate between tax- excluded leave and taxable leave earned under SLA conditions. b. Section 1h(b) states the situation preventing Service members assigned to such activities from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security. Furthermore, it should be a result of the members' inability to take leave or to reduce their leave balance to 60 days (75 days from 1 October 2008 through 30 September 2015) before the end of the fiscal year while being assigned to said activities. c. Section 1h(b)(4) states SLA shall not be used as a means to authorize the accumulation of leave in excess of 60 days (75 days from 1 October 2008 through 30 September 2015) that is a result of Service members' failure to properly manage their leave balance. It would be inappropriate to carry over that portion of Service members' leave balance that exceeds 60 days (75 days from 1 October 2008 through 30 September 2015) that would have been lost at the end of the fiscal year regardless of whether or not Service members were assigned to a designated activity. 4. Army Regulation (AR) 600-8-10 (Leaves and Passes) prescribes the policies and procedures governing military personnel absences. a. Soldiers serving in an area where eligible for hostile fire pay (HFP) or imminent danger pay (IDP), or in certain leave-restricted areas for a continuous period of at least 120 days are authorized to accumulate and retain a maximum of 120 days of leave (60 days of ordinary leave, plus 60 days of SLA). Leave accumulated before deployment plus leave earned during eligible deployment is SLA protected. Leave earned after returning from deployment is not protected. Hospitalized Soldiers, on in-hospital status for at least 120 days, are also eligible for SLA. SLA protection ends either on the expiration date or when the Soldier's current leave balance (Cr Bal) drops to 60 days or less. SLA days cannot be sold and must be used before their expiration date. b. SLA days appear in the LES Remarks section as "Combat Zone Leave Carryover Bal," along with the expiration date. The Combat Zone Leave Carryover Balance is the maximum leave a Soldier may carry over at the end of the FY. Soldiers should check the Carryover Balance every month, because it may decrease based on leave used. SLA protection ends either on the expiration date or if a Soldier's current leave balance (Cr Bal) at any time drops to 60 days or less. 5. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009682 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1