DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10, United States Code, Section 1552 Encl: (1) DD Form 149 of28 Dec 18 (2) Certificate of Release or Discharge from Active Duty of 14 Feb 74 (3) Special Request Authorization of 28 Feb 96 (4) NSA ltr 1910 Ser N4 of 29 Feb 96 (5) Report of the Administrative Board of 23 Apr 96 (6) Assistant Secretary of the Navy (M&RA) Approval of 18 Sep 96 (7) Certificate of Release or Discharge from Active Duty of 15 Nov 96 (8) Petitioner leave balance sheet n.d. (9) BCNR Docket No. 2527-06 of 26 Dec 06 (10) BCNR Docket No. 2472-14 of 18 Aug 14 (11) BCNR Docket No. 9903-16 dtd 23 Apr 18 (12) 75th Secretary of the Navy ( ) ltr of 6 Dec 18 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting to change the date of transfer to the Fleet Reserve effective 31 January 1997 vice 15 November 1996, based on 64 days of leave forfeited. Petitioner's case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec'y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 2. The Board, reviewed Petitioner's allegations of error and injustice on 20 March 2020 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 records and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. On 14 February 1974, Petitioner was discharged and sold back a maximum of 60 days leave during Petitioner's career. See enclosures (2) c. On 28 February 1996, Petitioner submitted Special Request Authorization to transfer to Fleet Reserve effective 31 January 1997. See enclosures (3) d. On 29 February 1996, Petitioner was notified of administrative separation board procedures for allegations of fraternization and hostile and offensive work environment. See enclosure (4) e. On 23 April 1996, Report of the Administrative Board Findings: Voted 3 to 0 recommending separation; voted 3 to O recommending transfer to the Fleet Reserve in the reduced grade of E-8; voted 3 to O recommending not to be transferred to the Individual Ready Reserve, and voted 3 to O recommending characterization of discharge as General Under Honorable conditions. See enclosure (5) f. On 18 September 1996, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved Petitioner's transfer to the Fleet Reserve in the reduced grade of E-8. See enclosure (6) g. On 15 November 1996, Petitioner was transfer to the Fleet Reserve in the reduced grade of E-8. Petitioner received his Certificate of Release or Discharge from Active Duty (DD Form 214) with a leave balance reflected lost leave of 64.0 days. See enclosures (7) and (8) h. On 13 December 2006, Petitioner's case (Docket No. 2527-06) was presented to three­panel Board requesting to reinstate paygrade of E-9 and transferred to the Retired Reserve effective I January 2000 in the paygrade of E-9. On 11 January 2007, the Assistant General Counsel (Manpower and Reserve Affairs) approved the majority recommendation to correct Petitioner's naval record to show that on 15 November 1996, Petitioner was released from active duty as an YNCM (E-9), transferred to the Fleet Reserve, and transferred to the retired list on 1 January 2000. See enclosure (9) i. On 18 August 2014, Petitioner was informed that his request for payment for the days of leave forfeited upon his retirement was denied. See enclosure (10) j. On 23 April 2018, Petitioner was informed that request to change transfer date to Fleet Reserve to reflect 31 January 1997 was denied. See enclosure (11) k. On 28 December 2018, Petitioner filed an application with the Board for Correction of Na val Records, requesting to change transfer date to Fleet Reserve to reflect 31 January 1997 vice 15 November 1996, based on 64 days of leave accrued prior to his transfer date to Fleet Reserve (enclosure (1)). New matters submitted with the Petitioner's application was a letter dated 6 December 2018 by the 75th Secretary of the Navy (Raymond E. Mabus Jr.). Secretary Mabus' letter supported the Petitioner's request to change his retirement date to 31 January 1997 to allow unused leave to be readjusted. See enclosure (12) CONCLUSION Upon review and consideration of all the evidence of record and the recommendation expressed in enclosure (12), the Board concluded that Petitioner had sold back a maximum of 60 days leave during his career (enclosure (2)). The Board also determined that Petitioner's special request authorization to transfer to Fleet Reserve effective 31 January 1997 was never approved ( enclosures (3)). Moreover, the Board noted that under normal circumstances military members utilize saved leave to transition from the military, however, based on the foregoing actions set forth in paragraph 3, subparagraph d through g, Petitioner was transferred to the Fleet Reserve based on misconduct. Lastly, Petitioner failed to show that he was denied leave during fiscal years 1996 and 1997 and had ample time to use leave prior to being transferred to Fleet Reserve. RECOMMENDATION That the Petitioner's request be denied. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action. 6/16/2020 Executive Director PRINCIPAL DEPUTY ASSISTANT SECRETARY OF THE NAVY (MANPOWER AND RESERVE AFFAIRS); PERFORMING THE DUTIES OF THE ASSISTANT SECRETARY OF THE NAVY (MANPOWER AND RESERVE AFFAIRS) Reviewed and Approved/Disapproved PTDO ASN(M&RA)