DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5601-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO CAPT USN RET, Ref: (a) Title 10 U.S.C. §1552 (b) DoD 7000.14-R FMR Volume 7A Encl: (1) DD Form 149 w/attachments (2) CNP memo 7220 Ser N130C1/20U1780 of 30 Nov 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 her naval record be corrected to show Petitioner was compensated for terminal leave that was not taken. 2. The Board, consisting of Mr. , Ms. and Mr. , reviewed Petitioner’s allegations of error and injustice on 20 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), a Service member is entitled to receive payment for no more than 60 days of accrued leave during a military career. Payments for unused accrued leave made before that date will be excluded from this 60-day limitation. If a member has been on active duty for 30 or more consecutive days and retires, then accrued leave is payable. c. On 21 November 2019, Petitioner was issued official retirement orders (BUPERS order: 3259) approving her request to be transferred to the retired list with an effective date of 1 May 2020. d. On 6 January 2020, Petitioner signed a leave request/authorization (NAVCOMPT FORM 3065) requesting separation leave from 07:00, 6 April 2020 to 23:59, 1 May 2020. Request was approved by cognizant authority on 9 January 2020. e. On 30 April 2020, Petitioner transferred to the Retired List. f. On 1 May 2020, Master Military Pay Account (MMPA) shows Petitioner was charged with 4 days of ordinary leave from 6 April 2020 to 9 April 2020. g. On 26 May 2020, MMPA shows Petitioner was charged with 21 days of terminal leave from 10 April 2020 to 30 April 2020. h. On 1 June 2020, Petitioner received leave payment for 13.5 days effective 30 April 2020. i. On 13 October 2020, Officer in Charge, Navy Medicine Operational Training Center Detachment notified BCNR that “CAPT requested cancellation of planned terminal leave 6 April through 30 April 2020 in NSIPS. The cancellation of leave was approved by command approving official 10 April 2020. In support of work demands created by the COVID 19 epidemic, CAPT functioned daily as a physician in our clinical unit through 30 April 2020. CAPT no longer has an active profile in NSIPS, and we are unable to produce a copy of the approval of her cancelled leave request. The leave cancellation was not received by her transition counselor prior to her TOPS transaction with TSC .” j. 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 partial 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 partial corrective action. The Board concluded that Petitioner’s request for the leave to be cancelled was approved 4 days after scheduled start date and she should get credit from that point. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was credited with 21 days of leave from 10 April 2020 to 30 April 2020. Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 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. 7/20/2021 Deputy Director