Selling Leave in Excess of 60 days?

Hawkeye99

Hawkeye99

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Does anyone know of any exceptions to the 60 day leave sell rule?

Due to the fact that I wasn't allowed to take leave during the MEB and such a short turn around from the decision/retirement date, apparently I maxed out my 60 day leave sell. I now have 16 days of leave that is lost.
 
There are a couple of posts earlier that kind of explain this same issue. Anyways, I'm on the same boat as you, but after consulting legal advise, there is no such exception to the excess leave once you are assigned the NLT date from USAPDA. It's a USAPDA internal thing. Based on USAPDA designated date, they should factor in 10 days to clear, 20 days PTDY, and 60 days of leave. However, it is stupid because some of the calendar days when clearing include Holidays and weekends. You have to go to your transition office and they have a checklist of action that needs to be taken to extending NLT Date (leave) in the military. For Army it is a DA 4187 and it has to be signed by an O6. On the checklist are: -
-DA Form 4187 & DA Form 4187-1 (signed by O-6)
-DA Form 31 (signed by O-6)
-current LES
And the final Approval rests with USAPDA
That is the only way you can take your excess days, or use your 30 days PTDY if OCONUS.
In Addition, I brought this issue up to the local PEBLO supervisors, VFW rep. and Ombudsman and they are annotating it to their talking points to USAPDA and every MEB briefings they have. "The 90 day NLT date is B.S., need more buffer than that, there is too many Soldiers loosing leave days, which they earned". We might be screwed, but hopefully it will change in the future to improve this painful process and do what is best in taking care of our Soldiers." For people ilke me that completely screwed:81 leave days, 30 days PTDY (OCONUS) and 10 working days to clear. These jokers only gave me 85 calendar days to get out. I'm done anyways so I should be out in 2 months.

Good luck.
 
Hawkeye99 said:
Does anyone know of any exceptions to the 60 day leave sell rule?

Due to the fact that I wasn't allowed to take leave during the MEB and such a short turn around from the decision/retirement date, apparently I maxed out my 60 day leave sell. I now have 16 days of leave that is lost.
Click to expand...

In addition to @T-man sound insightful feedback, from an U.S. Army perspective, the answer is "no" unfortunately when wanting to sell military ordinary leave over the 60-day maximum limit mandate in a military career. :(

In retrospect, HQ USAPDA will assign a not later than separation date that will not exceed 90-days after the completion of processing final determination by the USAPDA. The Installation Commander, through the transition center, will establish a separation date within the 90-day window.

To that extent, the not to exceed 90-day window allow military installations the flexibility to assign a separation date within the 90-day window based on individual military service member circumstances, but should not be construed as an opportunity to delay the departure of a military service member from active duty.

In my particular situation, I had 91-days of military ordinary leave upon receipt of the TRANSPOC-III message via the military installation RSO. Therefore, I elected to not request the 20-days of PTDY, used 3-days (but only had 2-days due to post closure for inclement weather) for command clearance activities and sold 9-days of military leave back to the USG (since I previously sold 50.5 days to the USG from a prior military service commitment in the U.S. Armed Forces).

As a direct result, I officially submitted a DA Form 31 requesting 89-days of military transition leave only and it was approved by the USAG O-6 Commander without any hesitation since I didn't exceed the 90-day window separation date assigned by the HQ USAPDA. ;)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
The 60 day limit is statutory. Not even the BCMR can override it . . .
 
I appreciate the insight. Unfortunately for me, as a reservist, I wasn't given enough time to use all my accrued leave. No offense to anyone that has experienced different, but the AF Reserves don't do things like AD does them. I was probably lucky to get what I got, I guess.

Another issue is whenever I've been on Title 10 orders, taking leave was absolutely frowned upon and repeatedly denied (at least in my case). For example, I did 22 months of orders back in '08-'10 and I was only allowed to take 5 days of leave the entire period. Several requests were turned down during this time. The way AD looks at AF reservists is that the reservist is on orders to fill a need for AD and the reservist shouldn't even consider taking leave unless absolutely necessary. Sorry, I'll step off my soap box now. Thanks for help!
 
Hawkeye99 said:
I appreciate the insight. Unfortunately for me, as a reservist, I wasn't given enough time to use all my accrued leave. No offense to anyone that has experienced different, but the AF Reserves don't do things like AD does them. I was probably lucky to get what I got, I guess.

Another issue is whenever I've been on Title 10 orders, taking leave was absolutely frowned upon and repeatedly denied (at least in my case). For example, I did 22 months of orders back in '08-'10 and I was only allowed to take 5 days of leave the entire period. Several requests were turned down during this time. The way AD looks at AF reservists is that the reservist is on orders to fill a need for AD and the reservist shouldn't even consider taking leave unless absolutely necessary. Sorry, I'll step off my soap box now. Thanks for help!
Click to expand...

Indeed, not; please step back on the soap box as needed! ;)

In my opinion, it's very good to hear your experiences as an USAF reservist while on active duty albeit the resulting outcome was not pleasing; thanks for sharing and you are welcome too! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
This is an old post but for those finding there way here: If you are a reservist you can sell back days at the end of any tour. As many as you can accrue per tour within your career (within excess limitations). Case in point. In 1993 when i left active duty i sold back 60 days and lost about 14 days. As I recall, as an activated reservist in 2020 I sold back 54 days. In 2024, I sold back 72 days. I had a discussion with a civilian that claimed to have written the regulation on leave and he insisted that i would not be allowed to sell back leave because i had already sold back 60 days. I stopped arguing with him and just kept my leave until i out-processed. At transition the civilian there didn't think i would be allowed to sell back leave so i asked him to call finance to verify. Sure enough, he had to make the change o the DD214 to include 71 days. Which, i had to have changed to 72 days because apparently they don't know how to do math because 15 days of remaining service equals 1 day of leave so at about $476/day I'm not about to give the Army that leave day.

Find the answer to your question:

DoD 7000.14-R; Financial Management Regulation Volume 7A, Chapter 35

2.1.1.4. Exceptions to the 60-Day Career Leave Payment Limitation
 
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