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

Docket No: 1305-19                                                              
Ref: Signature Date  

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

Subj:    REVIEW OF NAVAL RECORD OF 

Ref: (a) 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) CNP memo 7220 Ser N130C3/19U0822 of 17 May 19
      (3) 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 show Petitioner sold 56.5 days accrued leave upon his interdepartmental transfer into                          .


2.  The Board, consisting of      reviewed Petitioner's allegations of error and injustice on 24 May 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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.  On 1 October 2017, Petitioner brought forward 60 days leave, he earned 28.5 days, used 32 days leave, and ended with a leave balance of 56.5.   

     c.  On 8 September 2018, Petitioner resigned from the U.S. Navy and executed interdepartmental transfer to the.  Furthermore, block 16 (Days accrued leave paid) of DD Form 214 (Certificate of Release or discharge from active duty) listed 0.0.  

     d.  On 13 September 2018, NAVPERS 1070/613 (Administrative Remarks) was issued by PSD, Naval Air Station,      with the following remarks: “due to member interdepartmental transfer to           , member is carrying forward 56.5 days of his leave.” 

     e.  On 14 September 2018, Petitioner’s was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or discharge from active duty) with the following correction: “days leave carried forward should read 56.5 vice 60.5). 

     f.  On 26 September 2018, a separation worksheet was issued reflecting a leave balance on separation of 56.5.  Furthermore, the following comments were made: “SNO Inter-departmental transfer to        carryover 56.5 days leave.  SNO separated 8 September 2018 and was paid thru 15 September 2018.”

     g.  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.   

RECOMMENDATION 

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

The Certificate of Release or Discharge from Active duty (DD Form 214), effective 8 September 2018 is modified to read block 16 (Days accrued leave paid) is 56.5 vice 0.0.  
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  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.  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 Regulation, 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.