IN THE CASE OF: 

		BOARD DATE: 9 May 2023

		DOCKET NUMBER: AR20220009938


APPLICANT REQUESTS:  payment for 33 days of leave he requested to sell back.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Forms 149 (Application for Correction of Military Record)
*	Special Order Number AJ-278, 27 June 2022
*	Orders Number 179-0003, 28 June 2022
*	DA Form 4187 (Personnel Action), 25 July 2022
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), 
27 July 2022
*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United 
States), 28 July 2022
*	Leave and Earnings Statements (LES), 1-31 July 2022 and 1-31 August 2022

FACTS:

1.  The applicant states:

	a.  During his Inter Service Transfer, he was asked if he wished to sell back any of 
his leave to which he replied "yes" and requested via DA Form 4187 to sell back 33 
days of leave. He had 73 days total. He requested to sell back 33 days and carry over 
40 days to his U.S. Space Force (USSF) service. His DD Form 4 also reflects "I have 
chosen to sell 33 days of leave and carryover the remainder" (page 1, section B-8, 
Paragraph B). Once his USSF "MyPay" account populated, he could see that all his 
leave days had carried over to the USSF. In addition, he has not received payment for 
the sold leave days. He contacted his local finance office who processed his separation 
papers. His local finance office told him they tried to process, but "it did not go through 
in time", and there was nothing they could do about it. He requests that his initial 
request to sell back 33 days of leave be honored and executed as soon as possible.   

	b.  This correction should be made because according to the Department of Defense 
Military Compensation website: (https://militarypay.defense.gov) "Enlisted troops can 
sell back leave when they re-enlist or when they leave the military with an honorable 
discharge. Members may sell back up to 60 days of leave over the span of their career." 
The website also states that "Transitioning members may sell back any unused leave. 
Members are authorized to receive a cash payment for any unused leave when they 
separate from the military if they are retiring or separating with an honorable discharge." 
He is entitled to sell back leave according to such circumstances as described above. 
Due to an error in processing, at no fault of his own, he has been wrongfully denied this 
Military Pay Compensation entitlement and benefit.   

2.  A review of the applicant's official military records show the following:

	a.  He enlisted in the Regular Army on 11 January 2006.

	b.  On 27 July 2022, he was honorably released from active duty and transferred to 
the U.S. Army Reserve Control Group (Individual Ready Reserve). DD Form 214 shows 
in item 16 (Days Accrued Leave Paid) "33."

3.  The applicant provides:

	a.  Special Order Number AJ-278, dated 27 June 2022, which shows he was 
assigned to "4 Space Operations Squadron B, MacDill Air Force Base, FL" on 
28 July 2022.

	b.  DA Form 4187 dated 25 July 2022, which shows he elected to cash in 33 days of 
leave in-lieu of transferring the leave days to future branch of service.

	c.  DD Form 4 showing he enlisted in the U.S. Space Force for a period of 3 years 
on 28 July 2022. Page 1, item b (Remarks) states "I have chosen to sell 33 days of 
leave and carryover the remainder." 

	d.  LES covering the period of 1-31 July 2022 that shows he had no leave days or 
paid leave. 

	e.  LES covering the period 1-31 August 2022 that shows he had 73 days of leave 
forwarded and a current leave balance of 76 days leave with no leave paid. His current 
month leave balance was adjusted.    

4.  On 14 February 2023, the Office of the Deputy Chief of Staff G-1, Pay Branch 
Analyst Compensation and Entitlements Pay provided an advisory opinion for this case 
and recommended disapproval. The advisory official states:

	a.  After careful review of the information provided, we recommend this case be 
disapproved or returned without action. The applicant states he requested leave sell-
back for 33-days of leave and a carryover of 40-days for intra-service transfer to Air
Force (Space Force) as verified in documentation provided (DD Form 4); unfortunately, 
the applicant signed documentation a day after release from the Army.

	b.  The applicant should have submitted documentation (DA Form 4187) to the local 
finance office prior to separation or a request during his out-processing brief. All 73 days 
were transferred to Space Force at separation. His application does not have 
documentation reflecting he requested to sell leave other than the DD Form 4 which is 
signed a day after he transferred from Army. Recommend that he provide approved 
official documentation verifying request for sell-back of the 33-days of leave for a 
records correction prior to separation from Army. 

5.  In response to the G-1 advisory opinion the applicant provided a copy of an email 
communication, dated 25 July 2022, between him and the Military 
Retirement/Separation Technician, Army Military Pay Office, MacDill Air Force Base, 
Florida, discussing out-processing and submitting a DA Form 4187 to cash in leave 
days, and a copy of the DA Form 4187 dated 25 July 2022.   

6.  On 14 March 2023, the Office of the Deputy Chief of Staff G-1, Compensation 
Analyst Military Pay Branch provided another advisory opinion and recommended 
approval. The advisory official states: after careful review of the additional information 
provided regarding the missing verification of the DA Form 4187, we recommend the 
board approve the applicant's application for administrative relief. If approved, his Army 
military record will be corrected to show that he submitted the application form prior to 
his separation from the Army and transfer to the Space Force. While it appears that the 
applicant did not follow the established procedures for selling leave by submitting his 
application to his servicing finance office in a timely manner, the signed form indicates 
the command supported his request to sell 33 days of leave prior to his date of 
separation. In this case, a correction to the military record is warranted. Should the 
Board approve the applicant's application to authorize him to be paid for the leave days, 
his current leave balance with the Space Force should be reduced by the 33 days of 
leave he sells prior to the payment being made. Moreover, the Board should advise the 
applicant that the sold leave will count towards the 60 days he may sell during a military 
career. 

7.  On 20 March 2023, the applicant was provided a copy of the advisory opinion for 
comments or rebuttal. He did not respond.              

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant's 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board reviewed and agreed with the advisory official’s revised opinion that while it 
appears that the applicant did not follow the established procedures for selling leave by 
submitting his application to his servicing finance office in a timely manner, the signed 
form indicates the command supported his request to sell 33 days of leave prior to his 
date of separation. The Board determined a correction to the military record is 
warranted.

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 the applicant timely submitted a request to the servicing Finance Office 
to sell 33 days of leave, prior to his separation, and his chain of command 
concurred with his request 
*	showing the servicing Finance Office timely received and processed his request 
for payment
*	reducing his current leave balance with the Space Force should by the 33 days 
of leave he sells prior to the payment being made

	 
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.


REFERENCE:

Army Regulation 600-8-10 (Leaves and Passes) prescribes the policies and mandated 
operating tasks for military absences, including leave, pass, and administrative 
absence. This regulation is binding on all entities involved in granting leave, pass, and 
other forms of absence from duty. Paragraph 2-4 (Payment of accrued leave) states, 
payment of accrued leave is made per Department of Defense Financial Management 
Regulation 7000.14-R. By law, payment of accrued leave is limited to 60 days during a 
military career. Payment of accrued leave is made to Soldiers who elect partial payment 
and carry forward a balance to a new or extended reenlistment. Payment for leave 
accrued in a preceding period of service is not authorized to Soldiers who elect to carry 
all leave forward to a new or extended reenlistment. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009938


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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