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

Docket No. 1150-19  
Ref:  Signature Date  

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 
     (b) MILPERSMAN 1050-010 

Encl: (1) DD Form 149 w/attachments 
      (2) Subject’s naval record 

1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect relief in the adjustment of leave account balance. 

2.  The Board, consisting of          , reviewed Petitioner’s allegations of error and injustice on 4 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 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 regulations within the Department of the Navy.

     b.  In accordance with reference (b), member’s account balance of ordinary earned or accrued leave must be reduced to 60 days at the end of the fiscal year (FY), except in the case of special accrual.  However, effective 1 October 2008 through 30 September 2015, a Service member’s earned or accrued leave must be reduced to 75 days at the end of the FY. 

     c.  Petitioner reports to Duty Station as a Lieutenant Junior Grade O1E on 28 April 2018.  

     d.  Petitioner is reverted in grade from Lieutenant Junior Grade O1E to Chief Petty Officer E7 on 1 July 2018 at that time he had a recorded leave balance of 58.5 days.

     e.  Petitioner discovers potential error with leave balance while reviewing Leave and Earning Statement on 31 July 2018. 

CONCLUSION

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner earned the ordinary leave; however, Petitioner was reverted in grade and his record had to be recreated.  The Board found that the Petitioner’s leave balance should have been carried forward to the new record but due to administrative oversight the proper corrective action was not taken.  The Board felt that under these circumstances, a measure of relief is warranted.

RECOMMENDATION

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

Petitioner’s 58.5 days of leave is restored effective 1 July 2018.  Note:  Defense Finance and Accountins Service will conduct a complete audit of Petitioner’s pay account to determine the  appropriate leave balance restored. 

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.
						    

6/9/2020