Docket No. 11739-19
Ref: Signature Date
 
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) DoD 7000.14-R FMR Vol. 7A, Ch. 35 
 
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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to show Petitioner’s immediate reenlistment contract executed on 19 November 2019 listed LSL SELLBACK: “25.0 vice 00.0” 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 February 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, 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), If an enlisted member of any military service has been on active duty for 30 or more consecutive days and on or after 5 October 1999, is discharged for the specific purpose of enlisting or reenlisting, and immediately reenlists or immediately reenters on active duty, then accrued leave is payable.  
 
     c.  On 7 October 2019, Petitioner completed a Command Career Request (NPPSC 1160/1) requesting selling back leave of 25 days, and it was approved by cognizant authority on or about 7 October 2019. 
 
     d.  On 19 November 2019, Petitioner reenlisted for 6 months.  Immediate reenlistment contract listed LSL Sellback of 00.0 (days).  Petitioner’s leave balance was 43.0 days.  

CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that due to an administrative oversight, Petitioner’s immediate reenlistment contract did not list any LSL Sellback. 
  
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601) executed on 19 November 2019 listed LSL SELLBACK: “25.0 vice 00.0” 
 
Note: Petitioner’s leave balance will be reduced by 25 days, and he will be entitled to payment for 25 days of leave. 
 
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.