Docket No. 2046-20
Ref: Signature Date
 
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) MILPERSMAN 1050-010 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7220 Ser N130C3/20U1416 of 11 Sep 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 his naval record be corrected to show Petitioner requested and received payment for 58.5 days leave. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 March 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.  On 7 December 2011, Petitioner sold 1.5 days leave. 
 
     c.  In accordance with reference (b) [29 March 2013], when enlisted members on ACDU who signify their intention to enlist or reenlist in the Regular Navy or Navy Reserve on a date immediately following the date of discharge and remain on ACDU, and members who first extend an enlistment, and who are entitled to lump-sum leave payments for unused leave standing to their credit, then  the members may elect to sell a portion of the accrued leave and carry forward the remainder to the new or extended enlistment. 
 
     d.  On 24 July 2018, Petitioner certified a command career request (NPPSC 1160/1) requesting reenlistment and sell back leave of 60 days.  Petitioner’s request was approved by cognizant authority on 6 August 2018. 
 
     e.  On 23 August 2018, Petitioner reenlisted for 3 years; however, Petitioner’s contract listed LSL Sell back of 00.0. 
 
     f.  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 when Petitioner reenlisted on 23 August 2018, Petitioner’s leave balance was 67.0 days.  On 30 September 2018, Petitioner’s leave balance was 70.0 days; however, on 11 November 2018, Petitioner’s leave balance reflected 0.0.  It seems that an erroneous leave adjustment left Petitioner with no leave and no payment.     
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601) executed on 23 August 2018 for a term of 3 years listed a LSL Sellback of 58.5 days vice 00.0 days. 
 
Note: This change will entitle the member to payment for 58.5 days of leave, and credit of leave taken from him erroneously.  Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and leave not taken. 
 
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.