Responsible
Office |
CNO (N13) |
Phone: DSN COM FAX |
225-3304 (703) 695-3304 (703) 695-3311 |
Governing
Directives |
SECNAVINST 1050.5C DOD Directive 1327.5 of 24 Sept 85 10 U.S.C. 701 37 U.S.C. 501 DFAS-DJMS, Procedures Training Guide (DFAS-PTG) |
1. Applicability. The provisions of this article are applicable to all active duty Navy members on and after 1 Oct 1994, per SECNAVINST 1050.5C.
2. Policy. It is Navy policy to authorize members to accrue up to 90 days earned leave when assigned to duty under any of the circumstances specified under the “Eligibility Criteria” table.
3. Eligibility Criteria. Use the rules in the table below to determine member eligibility for special leave accrual:
WHEN members are
... |
AND
... |
THEN
... |
on active duty for a
continuous period of at least 120 days in an area in which they are
continuously entitled to hostile fire or imminent danger
pay, |
|
members are authorized
to accrue up to 90 days earned leave. |
serving in a
deployable ship, mobile unit or similar duty, |
which, because of
operational mission requirements, deploys or operates away from its
designated home port or home base for a continuous period
of: ·
at least 60 days, thus
preventing normal use of earned leave before it is lost at the end of the
fiscal year, ·
less than 60
days, |
members are eligible
for special leave accrual. members are not
eligible for special leave accrual. |
Serving in a
deployable ship, mobile unit or similar duty, permanently home ported or
home based outside of the 50 United States, which is required to maintain
a higher than normal condition of readiness inport or at home
base, |
·
have deployed or
operated away from home port or home base more than 50 percent of the
time, thus preventing normal use of earned leave before it is lost at the
end of the fiscal year, ·
personnel have been
assigned to a ship or unit for less than 6 months of the fiscal
year, |
members are eligible
for special leave accrual. members are not
eligible for special leave
accrual. |
WHEN members are
... |
AND
... |
THEN
... |
serving on other
prescribed duty, normally for a continuous period of 60 days or more
during the fiscal year, |
the situation, that is
preventing members assigned to such duty from using leave, must have been
caused by unscheduled operational commitment, national emergency or crisis
or operations in defense of national security. Furthermore, the duty should
preclude members from taking leave to reduce their leave balance to 60
days before the end of the fiscal year, |
members are authorized
the special leave accrual. |
serving on unit,
headquarters, and supporting staffs are prohibited from taking leave
because of their involvement to support a designated contingency
operation, |
|
the provisions of the
above authority may be extended to these
members. |
serving in Joint
organizations, |
|
determination of
eligibility shall be made by the Joint organization in which the member is
serving, as authorized by DOD Directive
1327.5. |
not losing leave at
the end of the fiscal year in which the qualifying period
terminates, |
|
these members are not
affected by this entitlement regardless of the number of days they served
on a qualifying assignment. |
4. Verification Process
a. Declaring Eligibility: Personnel, who believe they are eligible for the special leave accrual, should declare their eligibility to their commanding officer/officer in charge.
b. Commanding Officer/Officer in Charge Responsibilities:
(1) Ensuring personnel under their command are informed of this entitlement.
(2) Ensuring an appropriate service record entry is made for unit deployment dates of departure and arrival for qualifying assignments as described in “Eligibility Criteria” table.
(3) Verifying member’s eligibility by service record review. In the absence of adequate documentation, an individual’s signed sworn statement based on the “Eligibility Criteria” table is acceptable.
5. Limitations
a. Special leave accrual shall not be used to authorize accumulation of leave in excess of 60 days for personnel who do not manage their leave properly.
(1) Members are expected to take advantage of authorized leave periods and use leave authorized incident to permanent changes of duty.
(2) Leave balances that would have been lost at the end of the fiscal year, regardless of whether the member was assigned to prescribed duty, will not be carried over.
b. The rules in table below specifies when special leave accruals are creditable and when they will be lost, with cross-reference to the “Eligibility Criteria” table:
WHEN
... |
THEN
... |
special leave accrual is under “Hostile Fire/Imminent Danger,” “Deployable Ship/Mobile Unit,” or “Other Duty” criterion, |
accrual is creditable in the fiscal year in which the required continuous period of duty is reached, but the qualifying duty need not have commenced in that fiscal year. |
members are assigned to units permanently home ported or home based outside of the 50 United States as described by the “Deployable Ship/Mobile Unit Overseas” criterion, |
special leave accrual is creditable only in a fiscal year during which the member was assigned for at least 6 months. |
leave is accrued in excess of 60 days, |
it is lost if not used before the end of the third fiscal year following the fiscal year in which the qualifying duty, i.e., deployment, is terminated. |
personnel are assigned to a deployable ship or mobile unit, |
they may qualify for special leave accrual in the fiscal year prior to the fiscal year the ship or mobile unit returns to home port or home base. In this case, the carry-over period terminates at the end of the third fiscal year after the fiscal year in which the ship or mobile unit returns from a qualifying deployment. |
members detach prior to the end of a deployment, |
the date of detachment from the deployed unit is the date that normal leave-taking opportunities are considered once again available. |
c. Example 1:
(1) Member qualifies for fiscal year 1995 special leave accrual.
(2) member’s ship or mobile unit returns to home port or home base prior to 1 Oct 1995,
(3) leave accrued in excess of 60 days at the end of fiscal year 1995 must be used by 30 Sep 1998, or
(4) it will be deducted from the member’s account.
d. Example 2:
(1) Member qualifies for fiscal year 1995 special leave accrual,
(2) member’s ship or mobile unit returns to home port or home base on or after 1 Oct 1995,
(3) leave accrued in excess of 60 days at the end of fiscal year 1995 must be used by 30 Sep 1999, or
(4) it will be deducted from the member’s account.
6. Other Special Limits
a. 10 U.S.C. 701 provides special leave accrual because of reduced leave taking opportunity caused by operational commitment. Consequently, special leave accrual does not apply to individual cases of leave lost due to
(1) hospitalization, or
(2) permanent change of station order modifications.
b. Separation payments for unused accrued leave are limited to 60 days during a military career by 37 U.S.C. 501.
7. Administration
a. Disbursing and administrative procedures are contained in the DFAS-CL (DJMS), Procedures Training Guide.
b. Requests for special leave accrual should be submitted via the chain of command to the approving authority no earlier than the end of the fiscal year, and no later than the end of the first quarter of the following fiscal year.
Example: A request for fiscal year 1995 special leave accrual should be submitted after 30 Sep 1995 but not later than 31 Dec 1995.
8. Request Format. Requests for special leave accrual, under the “Other Duty” criterion, should provide the following information for all personnel included in the request:
a. Full name, rank/rate, and SSN.
b. Deployments:
(1) Dates, including any deployment period which started in the previous fiscal year and ended in the fiscal year for which special leave accrual is being requested.
(2) Ship or unit with which deployed.
(3) Hostile fire or imminent danger area.
(4) Contingency operations (unclassified), deployed in support of.
c. Factors preventing use of earned leave while not deployed.
d. Number of days lost at fiscal year end.
e. Narrative explaining any special circumstances to be considered by the approving authority.
f. Commanding officer endorsement.
9. Approving Authority
a. Commanding officers are delegated authority to grant special leave accrual to members eligible under the following criteria given in the “Eligibility Criteria” table:
Hostile Fire/Imminent Danger, |
Deployable Ship/Mobile Unit, and |
Deployable Ship/Mobile Unit Overseas. |
b. Navy Echelon II Commanders, e.g.,
CINCLANTFLT, |
CINCPACFLT, |
CINCUSNAVEUR, and |
COMUSNAVCENT |
have approval authority for special leave accrual under the “Other Duty” criterion.