DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  , USN,  
              
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) MILPERSMAN 7220-340 of 25 Sep 18 
 
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 sold back 40 days leave. 
 
2.  The Board, consisting of Mr. , Mr.  and Mr. , reviewed Petitioner’s allegations of error and injustice on 6 July 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), each Service member in the Navy on active duty (ACDU) is entitled to a lump-sum payment of accrued leave on the date of death, discharge, release from ACDU, or on the date preceding the effective date of a first extension of enlistment.  Furthermore, generally, Service members may not sell back more than 60 days of accrued leave during a military career. 
 
     c.  On 2 March 2020, Petitioner signed a command career request (NPPSC) requesting a 4 year reenlistment and sell back 40 days, and was approved by cognizant authority on 3 March 2020. 
 
     d.  On 1 April 2020, Petitioner reenlisted for 4 years with an EAOS of 31 March 2024.  Furthermore, an Administrative Remarks (NAVPERS 1070/613) was issued and witnessed electing to sell 40 days of leave.  Petitioner’s leave balance was 63 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 intended to sell leave as verified by the NPPSC and NAVPERS 1070/613; however, Petitioner’s local Personnel Support Detachment failed to properly generate the contract and complete the election process. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601) executed on 1 April 2020 listed LSL Sellback 40.0 vice 00.0.   
 
Note: This change will entitle the member to a Lump-Sum Payment for Accrued Leave of 40.0 days.  Furthermore, Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 
 
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. 
 
8/19/2021
Deputy Director