IN THE CASE OF: 
 
  BOARD DATE: 12 September 2023 
 
  DOCKET NUMBER: AR20230002913 
 
 
APPLICANT REQUESTS: cancellation of his $1,447.69 debt for accrued leave he sold.  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Letter from Defense Finance and Accounting Service (DFAS) 

• DFAS Account Statement 


 
FACTS: 
 
1.  The applicant states in effect, he was charged a debt of $1,447.69 due to the military's lack of communication with updating his leave balance within a reasonable time. He sold his leave days based on his Leave and Earnings statement (LES). He was not aware that for the five months prior to his discharge, his LES leave balance was not updated. He had sold his leave days with good intentions. The military had failed to properly and timely update his records before his medical discharge.  
 
2.  The applicant's service record contains the following documents for the Board's consideration: 
 
 a.  On 15 March 2016, the applicant enlisted in the Regular Army and served continuously until his medical separation. 
 
 b.  DD form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged for disability with severance pay. He was paid for 57 days of accrued leave.  
 
3.  The applicant provides the following documents for the Board's consideration: 
 
 a.  Letter from DFAS, dated 15 December 2022, which informed the applicant he had a debt with DFAS.  
 
 b.  DFAS account statement shows his debt amount at $1,447.69. The debt was due to military leave he took from 11 July 2021 through 30 July 2021 and 10 December 
2021 through 30 January 2022 which caused an overpayment of his lump sum leave upon separation. His separation payment of $7,869.25, dated  
4 February 2022 was based on the sale of 57 days, but he was only due to 17 days.  
 
4.  On 31 May 2023, the Office of the Deputy Chief of Staff G-1, Program Analyst, Compensation and Entitlements Division, provided an advisory opinion for the Board's consideration, which states in effect: 
 
 a.  After careful review of the information provided in the application, G-1 recommended the Board disapprove the applicant's request for administrative relief. The applicant did not provide sufficient documentation regarding details of the debt that warranted granting administrative relief.  
 
 b.  According to pre-separation documents signed by the applicant on  
2 December 2021, he indicated there was no leave taken that had not been posted to his payroll account. All absences are posted to the LES, and it is the member's responsibility to monitor leave charged.  
 
 c.  Since the applicant did not notify the Army military pay office at this pre-separation appointment that there was leave needed to be charged, he was paid for that leave erroneously.  
 
5.  On 5 June 2023, the advisory was provided to the applicant to allow him the opportunity to respond. The applicant 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 not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s pay records show a debt amount at $1,447.69. The debt was due to military leave he took from 11 July 2021 through 30 July 2021 and 10 December 2021 through 30 January 2022 which caused an overpayment of his lump sum leave upon separation. His separation payment of $7,869.25, dated 4 February 2022 was based on the sale of 57 days, but he was only due to 17 days. The Board reviewed and agreed with the G-1 advisory official’s finding. The applicant’s pre-separation documents signed by the applicant on 2 December 2021, indicated there was no leave taken that had not been posted to his payroll account. All absences are posted to the LES, and it is the member's responsibility to monitor leave charged. Since the applicant did not notify the Army military pay office at this pre-separation appointment that there was leave needed to be charged, he was paid for that leave erroneously.  
  
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 
 
  9/12/2023

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) 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. In pertinent part, it states that 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. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency.     
 
2.  AR 600-4 (Remission or Cancellation of Indebtedness) provides policy and instructions for submitting and processing packets for remission or cancellation of 
indebtedness to the U.S. Army. Requests for remission or cancellation of indebtedness must be based on injustice, hardship, or both. A Soldier's debt to the U.S. Army may be remitted or canceled on the basis of this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. To determine injustice the application must contain evidence that the applicant did not know and could not have known of the error and/or the applicant inquired of a proper authority and was told the payment was correct. To determine injustice or hardship Army Human Resources Command must consider the Soldier's awareness of policy and procedures, military occupational specialty, rank, years of service, and prior experience. 
 
3.  AR 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//