IN THE CASE OF: BOARD DATE: 2 January 2024 DOCKET NUMBER: AR20230000448 APPLICANT REQUESTS: correction of his military records to authorize him payment for 21 days of accrued leave in the Army National Guard. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DA Form 4187, Personnel Action, 10 February 2021 • Orders 307-155, 22 April 2020, Full Time National Guard Duty – Operational Support and Amendment Order 011-136, 12 August 2020 • Orders 042-013, 26 September 2020 Full Time National Guard Duty – Operational Support and Amendment Order 089-153, 16 December 2020 • Leave and Earnings Statement, 10 February 2020 FACTS: 1. The applicant states he is owed payment of 21 days of leave acquired while on military orders from 20 April 2020 to 31 December 2020. He did have a debt of $1,200; however, he repaid that debt. His unit administrator/NCO, Staff Sergeant H. Sp__ never processed the forms prior to his retirement on 27 February 2021. 2. Review of the applicant’s service records shows: a. Having had prior service, the applicant enlisted in the Florida Army National Guard (FLARNG) on 27 February 2004. b. He served in a variety of assignments, including active duty mobilization (October 2007 to October 2008 and April 2011 to May 2012). c. He entered active duty on 21 April 2020, and he was honorably released from active duty on 31 December 2020. His DD Form 214 shows 0 days leave sold. d. He was honorably discharged from the ARNG on 26 February 2021 and transferred to the Retired Reserve. He completed 21 qualifying years of service towards non-regular retirement. e. The applicant’s Leave and Earnings Statement dated 10 February 2021 shows the applicant had 21 days of leave brought forward; he earned 1 day during this period, and his balance was 21 days. 3. The applicant provides a DA Form 4187, signed and date on 10 February 2021 wherein he requested to sell accrued leave as an exception to the provisions set forth in Army Regulation (AR) 600-8-19, specifically in accordance with AR 600-8-10, paragraph 4-21(g) since 10 February 1976, Soldiers can sell or cash in no more than 60 days of accrued leave one time during a military career, except as authorized by section 501 of Title 37, U.S. Code. He requested to sell 21 days of accrued leave. 4. The National Guard Bureau (NGB) submitted an advisory opinion on 20 September 2023 in the processing of this case. An advisory official restated the applicant’s request for payment for 21 days of accrued leave, and recommended approval. The official stated the applicant was member of the Florida Army National Guard (FLARNG) for the period of 24 February 2004 to 26 February 2021. His personnel action request to sell his available leave balance was not processed by the time he was separated from military service. Due to his separation and system of record changes, the FLARNG cannot process his leave sell request. The State was able to provide the applicant’s last LES, which still shows he has a leave balance of 21 days. The Defense Finance & Accounting Service (DFAS) confirmed that his DFAS record still has 21 leave days available to sell. With an ABCMR approval by the board, the applicant can request to sell his leave directly with DFAS. This opinion was coordinated with FLARNG & DFAS. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments and/or a 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 applicant was member of the FLARNG for the period of 24 February 2004 to 26 February 2021. His LES dated 10 February 2021 showed he had 21 days of accrued leave and DFAS confirmed that his DFAS record still has 21 leave days available to sell. The applicant submitted a DA Form 4187 requesting to sell his accrued leave. However, his request to sell his available leave balance was not processed by the time he was separated from military service. This constitutes an error and an injustice. The Board determined the applicant should not be penalized due to administrative errors committed by others, and therefore relief is warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 xx: xx: xx: 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 and Army National Guard records of the individual concerned be corrected by: • Showing the applicant timely requested to sell 21 days of accrued leave before his February 2021 separation • Showing the State ARNG timely received, processed, and approved his request for payment of accrued leave 1/2/2024 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 600-8-10 (Leave and Passes) provides that commanders should encourage Reserve Component (RC) Soldiers to take accrued leave prior to the end of an active duty tour. However, an RC Soldier who accumulates leave during a period of active service may carry over any leave so accumulated to the Soldier's next period of active service, subject to accumulation limits of Title 10, United States Code (USC), section 701, without regard to separation or release from active service if the separation or release is under honorable conditions. Payment for accrued leave earned by a RC Soldier, retired Reserve member, or retired Regular Army member while serving on duty in support of a contingency operation is made per Title 37, USC, Section 501. 2 Title 37, USC, Section 501 (Payments for Unused Accrued Leave) provides that a member of the Army, who has accrued leave to his credit at the time of his discharge, is entitled to be paid in cash or by a check on the Treasurer of the United States for such leave on the basis of the basic pay to which he was entitled on the date of discharge. //NOTHING FOLLOWS//