From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO USNR, XXX-XX Ref: (a) Title 10 U.S.C. §1552 (b) Public Law 111-383 (c) Military Pay Advisory 07/12 dtd 1 Feb 12 (d) NAVADMIN 163/12 dtd 18 May 12 Encl: (1) DD Form 149 w/attachments (2) CNP memo 7220 Ser N130C3/20U0426 of 23 Mar 20 (3) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to establish eligibility to sell and carryover leave for Active Duty Training (ADT) orders executed from 13 April 2008 through 27 June 2014. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 26 January 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. In accordance with reference (b), a member of a reserve component who accumulates leave during a period of active service may carry over any leave so accumulated to the member’s next period of active service, subject to the accumulation limits in the outlined subsections, without regard to separation or release from active service if the separation or release is under honorable conditions. b. Refernce (c), was the interim procedures for Reserve personnel leave carryover. Specifically, the message indicated, effective 30 September 2011, Reserve personnel who have accrued regular leave during their active duty periods may carry over any unused regular leave balance to their next period of active duty service (i.e. ADT, Active Duty for Special Works, Recall or Mobilization) subject to the accural and carry over limits outlined in Title 10 U.S.C. § 701. c. Reference (d), implemented the Navy leave carry over policy and outined the requirements. Specifically, reference (d), required Sailors desiring leave carry over to sign a NAVPERS 1070/13, Administrative Remarks documenting leave carried over at their servicing Personnel Support Detachment (PSD) at the time of separation from an active duty period. PSD were required to transmit required information to Defense Finance and Accounting Service (DFAS), via Defense Workload Operation Web System. DFAS was required to track, via database, those Sailors who elected to carry leave over. d. Petitoner executed ADT orders for the following period with assosicated days of leave that were verified by orders and corporate data system; however, the leave was not paid or carried over: (1) 13 April 2008 through 16 May 2008 – 3.0 leave days; (2) 14 June 2008 through 31 August 2008 – 6.5 leave days; (3) 27 April 2009 through 29 May 2009 – 3.0 leave days; (4) 7 July 2009 through 7 August 2009 – 2.0 leave days; (5) 18 August 2011 through 17 September 2011 – 2.0 leave days; (6) 12 February 2012 through 17 March 2012 – 3.0 leave days; (7) 28 June 2013 through 3 August 2012 – 3.0 leave days; (8) 19 November 2013 through 23 December 2013 – 3.0 leave days; and (9) 25 May 2014 – 27 June 2014 – 3.0 leave days. e. On 7 April 2018, Fleet Logistics Support Squaron 57, backdated nine NAVPERS 1070/613, Adminstrative Remarks for the purposes of tracking leave carryover to coincide with each of Petitioner’s aforementioned ADT orders; totaling 28.5 days of unprocessed leave. f. On 17 December 2019, Petitioner provided DFAS report to verify leave being requested was not used or sold. g. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria to carryover earned leave in accordance with references (b) through (d). However, leave earned prior to the implementation of reference (b), should have been used or sold back to Petitioner at the completion of each ADT order. Because of administrative oversight, Petitioner’s leave was not sold and does not reflect being carried over in her pay account at DFAS. The Board found that the Petitioner did not carry over or sell earned leave for ADT orders executed 13 April 2008 through 27 June 2014; therefore, under these cirmcumstances the Board felt relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner sold 16.5 days of leave upon completion of the following ADT orders: (1) NROWS Order 2251773: 13 April 2008 through 16 May 2008 – 3.0 leave days; (2) NROWS Order 2289354: 14 June 2008 through 31 August 2008 – 6.5 leave days; (3) NROWS Order 2454135: 27 April 2009 through 29 May 2009 – 3.0 leave days; (4) NROWS Order 2514907: 7 July 2009 through 7 August 2009 – 2.0 leave days; (5) NROWS Order 3053971: 18 August 2011 through 17 September 2011 – 2.0 leave days. Note: DFAS will complete an audit of Petitioner’s pay records to determine Petitioner’s retroactive pay entitlement. Petitioner, in coordination with her command completed the required Leave Carryover NAVPERS 1070/613, Administrative Remarks upon the completion of qualifying ADT orders (ending on 17 March 2012, 3 August 2012, 23 December 2013 and 27 June 2014) and submitted it to Commander, Navy Personnel Command for inclusion in the Petitioner’s Official Military Personnel File. Petitioner carried over 12.0 days of leave upon completion of the following ADT orders: (1) NROWS Order 31897261: 12 February 2012 through 17 March 2012 – 3.0 leave days; (2) NROWS Order 3283867: 28 June 2013 through 3 August 2012 – 3.0 leave days; (3) NROWS Order 3573461: 19 November 2013 through 23 December 2013 – 3.0 leave days; and (4) NROWS Order 3702695: 25 May 2014 – 27 June 2014 – 3.0 leave days. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy. 2/25/2021 Deputy Director