From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
              
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C2/19U1478 of 12 Aug 19 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner’s house/job hunting TAD was considered when determining final leave balance prior to final settlement. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 April 2020 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, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  On 5 October 2015, Petitioner reenlisted for 2 years with a new contract expiration date of 4 October 2017.  Furthermore, Petitioner’s active duty service date was 6 January 1998. 
 
     c.  On 15 September 2016, Petitioner extended for 3 months with a new contract expiration date of 4 January 2018. 
 
     d.  On 27 July 2017, Petitioner was issued official Fleet Reserve orders (BUPERS order 2077) with an effective date of retirement 31 January 2018. 
 
     e.  On 30 September 2017, Petitioner’s leave balance was 60 days. 
 
     f.  On 17 October 2017, Petitioner’s TAD (no-cost) orders request for TAD to NOSC  in order to fufill requirements for sufficient service for retirement, from 17 October 2017 to 13 November 2017 was approved.  
 
     g.  On 17 October 2017, Petitioner’s TAD (no-cost) orders request for TAD in order to complete house hountig and job hunting due to retirement, from 13 November 2017 to 2 December 2017 was approved.  
 
     h.  On 31 January 2018, Petitioner was transferred to the .  
 
     i.  On 5 February 2018, Petitioner was charged with 87 days leave for the period of 6 November 2017 to 31 January 2018. 
 
     j.  On 4 April 2018, Petitioner was indebted due to leave he took from 6 November 2017 to 31 January 2018 resulting in a negative leave balance of -17.5 days which included a non-accrual of -1.5 days. 
 
     k.  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.  The Board concluded that Petitioner was charged leave during the TAD periods as result of administrative oversight. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner executed TAD (no-cost) orders to  in order to fufill requirements for sufficient service for retirement, from 17 October 2017 to 13 November 2017. 
  
Petitioner executed TAD (no-cost) orders for TAD in order to complete house hountig and job hunting due to retirement, from 13 November 2017 to 2 December 2017. 
 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s leave account. 
  
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
          7/6/2020