From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD       
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) MILPERSMAN 7220-340  
 
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, in effect, that the applicable naval record be corrected to sellback Lump Sum Leave. 
                                              
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 should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of the 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: 
 
4.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
                                
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:  Petitioner requested to sellback 30.0 days of Lump Sum Leave upon executing a 5-year reenlistment on 7 December 2018.  Petitioner properly requested to sellback Lump Sum Leave, and Petitioner received approval.  Moreover, Petitioner was authorized to sell back Lump Sum Leave since he never sold leave prior to reenlistment, and Petitioner had accrued 30.0 days of leave upon date of reenlistment.  However, an administrative oversight on Petitioner’s reenlistment contract impeded sellback of Lump Sum Leave in the amount of 30.0 days.     

RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601), executed on 7 December 2018 for a term of 5 years, is modified to read: “LSL SELLBACK: 30.0” vice “0.0.”  
 
This change will entitle Petitioner to a Lump Sum payment for accrued leave of 30.0 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.