From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USN,  XXX-XX-  
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) MILPERSMAN 7220-340 of 25 Sep 18 
       (c) DoD 7000.14-R FMR Vol 7A Ch. 35 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7220 Ser N130C3/20U0076 of 23 Jan 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 his naval record be corrected to show Petitioner sold 60 days of unused accrued leave. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 8 December 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 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 regulation within the Department of the Navy. 
 
     b.  On 26 September 2014, Petitioner reenlisted for 5 years. 
 
     c.  In accordance with reference (b), each Service member in the Navy on active duty (ACDU) is entitled to a lump-sum payment of accrued leave on the date of death, discharge, release from ACDU, or on the date preceding the effective date of a first extension of enlistment. Finally, generally, Service members may not sell back more than 60 days of accrued leave during a military career. 
 
     d.  In accordance with reference (c), An enlisted member who voluntarily extends their enlistment for the first time is also entitled to payment for unused accrued leave. 
 
     e.  On 20 September 2019, Petitioner certified a special request/authorization requesting to sell back 60 days of leave at the convening of his 1st extension after his current contract on 25 September 2019.  Petitioner’s request was approved on 20 September 2019. 
 
     f.  On 26 September 2019, Petitioner’s 14 month extension became operative. 
  
     g.  On 1 October 2019, Petitioner brought forward 106.5 days; however, he lost 15.5 days leave, bringing forward a total of 91.0 days.  
 
     h.  On 19 October 2019, Petitioner reenlisted for 4 years. 
  
     i.  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.  The Board concluded that prior to the end of Petitioner’s contract, he was eligible for and requested to sell 60 days leave; however, due to administrative oversight, Petitioner did not receive payment.    
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The agreement to extend enlistment (NAVPERS 1070/621) operative on 26 September 2019 for a term of 14 months listed a LSL SELLBACK of 60.0 days. 
 
Note: This change will entitle the member to a Lump-Sum Payment for Accrued Leave of 60.0 days.  Petitioner’s leave balance will be reduced by 60 days. 
 
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. 
 
           
1/19/2021
Deputy Director