DEPARTMENT OF THE NAVY 

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

Docket No. 7442-16 
JAN 22 2018 

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 w/attachments 
(2) OCNO 1050 Ser Nl30C2/17U0281<ltd8 Mar 17 
(3) Subject's naval record 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed 
enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected 
to 18.5 days of accrued leave. 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 12 January 2018 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 ofthe enclosures, relevant portions of 
Petitioner's naval records, 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 ofthe Navy. 

b. 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 Petitioner served in from 10 April 2011 through 5 April 
2013. Furthermore, leave the Petitioner earned in already qualified for SLA so no 
endorsement from the applicable designated commander was warranted for SLA. Moreover, if 
the 120 days ofSLA were earned during the period of 1 October 2008 through 30 September 
2015, then unused leave maybe carried forward until the end of the fourth fiscal year following 
the fiscal year in which the service in the qualifying hostile fire/imminent danger area is 
terminated. Finally, the maximum amount will be reduced to a new level whenever the leave 
balance drops below the previously set level. In Petitioner's case, it is believed erroneous leave 
adjustments were made by cognizant authority. 

RECOMMENDATION 

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

Petitioner's leave balance on 1 October 2015 was 72.5 days vice 60 days. 

Petitioner's leave balance on 1 October 2016 was 60 days vice 56 days. Note: corrections to the 
DD Form 214 (31July2017) may be required by the Navy. Furthermore, Defense Finance and 
Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if 
Petitioner is due any back pay. 

That part of the Petitioner's request for corrective action that exceeds the foregoing is denied. 
Records show that Petitioner's leave balance on 1 October 2012 was 103.5 days. During FY13, 
Petitioner's leave balance dropped to 90.5 thus changing Petitioner's carryover balance. 
Furthermore, during FY14, Petitioner's leave balance dropped to 84.5 days. During FY15, 
Petitioner leave balance dropped to 72.5. At the end ofFY16, Petitioner's leave balance should 
have been 60 days vice 56 days. 

A copy ofthis 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) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal 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 ofthe Secretary ofthe Navy. 


Executive Director