DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 5599-20 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To:  Secretary of the Navy  

Subj:  REVIEW OF NAVAL RECORD ICO , USN RET, 
 
Ref:  (a) Title 10 U.S.C. §1552 
(b) MILPERSMAN 1050-070 of 22 Jan 10  
Encl:  (1) DD Form 149 w/attachments 
(2) CNP memo 7220 Ser N130C3/20U1385 of 4 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 that his naval record be corrected to show Petitioner’s Special Leave Accrual (SLA) was approved, and 30 days lost leave was restored. 

2. The Board, consisting of                           , reviewed Petitioner’s allegations of error and injustice on 27 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), it is Navy policy to authorize members to accrue up to 120 days earned leave when assigned to duty under any of the circumstances specified under the “Eligibility Criteria”… when personnel are assigned to a deployable ship or mobile unit, then they may qualify for special leave accrual in the FY prior to the FY the ship or mobile unit returns to home port or home base. In this case, the carryover period terminates at the end of the third FY after the FY in which the ship or mobile unit returns from a qualifying deployment; however, if the leave in this instance is accrued from 1 October 2008 until 30 September 2013, the carryover period would terminate on the fourth FY after the FY in which the ship or mobile unit returns from a qualifying deployment. 
Requests for special leave accrual should be submitted via the chain of command (COC) to the approving authority no earlier than the end of the FY, and no later than the end of the first quarter of the following FY. 

c. On 1 October 2018, Petitioner carried forward 60 days of accrued leave and he lost 30 days. Petitioner earned an additional 20 days for a total accrued leave balance of 80 days. 
 
d. On 4 January 2019, Commander,  notified Officer in Charge, Personnel Support Activity Detachment requesting special leave accrual for excess of 60 days at the end of the Fiscal Year. Petitioner was serving in a deployable ship, mobile unit, or similar duty. 

e. On 31 May 2019, Petitioner retired from the U.S. Navy. He used 79 days (14 March 2019 to 31 May 2019) of accrued leave and sold 1 day of accrued leave. 

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 Petitioner met the basic eligibility criteria to be authorized SLA; however, Petitioner’s lost leave was never restored. 

RECOMMENDATION 
That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner’s Request for special leave accrual for 30 days was submitted via the chain of command (COC) to the approving authority in a timely manner and was approved by cognizant authority.
 
Note: Petitioner will be credited with 30 days of leave that were previously lost on 1 October 2018. 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