Docket No: 6043-20 
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   USN RET, XXX-XX  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DoD FMR Vol 7A & 7B 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNO memo 7220 Ser N130C3/20U1413 11 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 her naval record be corrected to establish Petitioner’s Lump Sum Leave (LSL) paid record to “0.00” vice “28.5” upon retirement.  
                                              
2.  The Board, consisting of ,  reviewed Petitioner’s allegations of error and injustice on 1 April 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.  Petitioner’s Leave and Earnings Statement (LES) for period covered 1-28 February 1998 reflects “Leave Paid 28.5 days”.  
 
     b.  On 17 August 2017, Petitioner Master Military Pay Account (MMPA) report generated reflecting 28.5 days leave paid.  Date of payment 1 February 1998; Lump Sum 28.5. 
 
     c.  On 30 September 2017 Petitioner transferred to the Retired List effective this date.  DD Form 214, block 16 (Days Accrued Leave Paid) 31.5.  Petitioner’s September 2017 LES reflects Leave Brought Forward Balance 60; Earned 30; Used 41; Current Balance 49.0; Leave Lost 8; Leave Paid 28.5.   
 
     d.  On 20 October 2020 Petitioner’s MMPA leave entry closed.  Leave account reflects Petitioner charged leave from 6 September 2017 through 30 September 2017 for 25 days.  Number leave days paid 31.5, with date of payment 30 September 2017; Number leave days paid 28.5, with date of payment 1 February 1998: Lump Sum 60.0. 
 
     e.  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.  Stated Defense Joint Military System (DJMS) shows no indication member received payment for leave compensation or lost leave days during Petitioner’s career. 
                                
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 based on the comments in enclosure (2) relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
On 30 September 2017 Petitioner’s NAVMC 11060 (Separation/Travel Certificate) and DD Form 214 block 16 read “49.0” vice “31.5” and processed through Defense Finance Accounting Service (DFAS) for audit and determination for appropriate payment. 
 
Note: If DFAS establishes actual payment being made for 28.5 days on 1 February 1998 LSL paid will remain 31.5. 
                                                             
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.