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 LCDR Ref: (a) Title 10 U.S.C. §1552 (b) MILPERSMAN 7220-340 Encl: (1) DD Form 149 w/attachments (2) CNPC memo 7220 Ser N130C3/20U1545 of 7 Oct 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 reflect entitlement to Lump Sum Leave (LSL) payment. 2. The Board, consisting of ,, and 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, 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. In accordance with reference (b), the 60-day leave payment limitation does not apply to leave accrued by a Service member serving on active duty in support of a contingency operation on or after 5 December 1991. b. Petitioner issued Official Active Duty for Special Works (ADSW) orders on 2 March 2015. At the time Petitioner previously received 60-days accrued unused leave payment. c. Petitioner executed ADSW orders from 15 March 2015 through 30 September 2015. DD Form 214, Certificate of Release or Discharge from Active Duty indicates “mobilized in support of Operation Enduring Freedom, Sec 12301D, Title 10 USC”. 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. Petitioner met the basic eligibility criteria to elect LSL payment; however, the Personnel Support Detachment failed to complete the process in accordance with reference (b). 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 was entitled to payment of 5.5 LSL upon release from ADSW orders (in support of contingency operations) on 30 September 2015. Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to confirm payment of leave was not issued or carried over before LSL payment is processed. 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. 8/31/2021 Deputy Director