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 
            (b) Title 37 U.S.C. §501  
 
Encl:   (1) DD Form 149 w/attachments 
        (2) 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 his naval record be corrected to show Petitioner received payment for Lump Sum Leave (LSL) upon his reenlistment. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 February 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, 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.  In accordance with reference (b) [2018], payments for unused accrued leave: in the case of an enlisted member, separation or release from active duty under honorable conditions, termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the enlistment being terminated).  Furthermore, the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was previously made under this section after 9 February 1976. 
 
     c.  On 29 July 2019, Petitioner submitted a NPPSC 1160/1 (Command Career Request) requesting a selling back leave of 30 days, and was approved by cognizant authority on 30 July 2019.  
 
     d.  On 4 October 2019, Petitioner reenlisted for 5 years listing a LSL (Lump-Sum Leave) Sellback of 00.0.  Furthermore, Petitioner’s leave balance was 45 days.    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner requested to sell 30 days leave upon reenlistment; however, Petitioner’s reenlistment contract failed to indicate LSL Sellback of 30.0. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601) executed on 4 October 2019 for a term of 5 years listed a LSL Sellback of 30.0 vice 00.0. 
 
Note: Petitioner’s leave balance will be reduced by 30 days, and he will be entitled to payment for 30 days of leave. 
 
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.