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) CNP memo 7220 Ser N130C3/20U0590 of 23 Apr 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 his naval record be corrected to reinstate 60-days lump sum leave (LSL). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 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, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
    a.  On 4 November 2019, Petitioner submitted NPPSC 1160/1, Command Career Request to reenlist on 6 December 2016 for a term of 6-years.  The request indicated “no” to selling back leave. 
 
    b.  On 6 December 2019, Petitioner signed NAVPERS 1070/601, Immediate Reenlistment Contract indicating “LSL Sellback:  60.0”. 
 
    c.  Petitioner’s Master Military Pay Account reflects LSL payment was initiated on 14 December 2019 but the transaction was cancelled on 3 March 2020.  There is no history of Petitioner receiving LSL payment. 
 
    d.  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.  Despite not electing to sell back leave, Petitioner’s reenlistment contract was generated indicating 60 days of LSL.  Based on the signed contract, the servicing Personnel Support Detachment completed a payment transaction for the LSL but subsequently cancelled the transaction; however, failed to update the Petitioner’s record to reflect 0.0 days of LSL.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner's NAVPERS 1070/601, Immediate Reenlistment Contract dated 6 December 2019 amended to reflect LSL SELLBACK as “0.0” vice “60.0”. Note:  This change will restore 60.0 days of LSL; however, Petitioner will incurr a debt if LSL payment was received. 
 
Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine if Petitioner received LSL payment that would need to be collected. 
 
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.