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 Encl: (1) DD Form 149 w/attachments (2) OCNO memo 7431 Ser N130C2/19U1406 of 1 Aug 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 was eligible and entitled to sell 53.5 days of leave in excess of the 60 day sell back career limitation. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 July 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 DoD 7000.14-R Financial Management Regulation, Volume 7A, Chapter 35 Payment of accrued leave - officers and enlisted members - separation without immediate reentry on active duty: If a member has been on active duty for 30 or more consecutive days and is released from active duty then accrued leave is payable; however, the following notes apply: The period when a member is home awaiting further orders in connection with physical evaluation board proceedings is charged as leave, to the extent that leave is available, beginning with the day after member arrives home or the day after constructive travel time ends, whichever is earlier. Limit payment to accrued leave remaining at time of retirement or discharge. Authorized absence under these circumstances in excess of accrued leave is not chargeable as leave. A member may be paid for a maximum of 60 days accrued leave during a military career. See subparagraph 350201.A.3 for exceptions. If a Reserve member is entitled to pay and allowances during a disability period after a specified tour of active duty has expired, then the period after that expiration date is not included in the period for which accrued leave is paid. Reserve members may elect to carry forward unused accrued leave to their next period of active duty. If a member has been on active duty for 30 or more consecutive days and retires then accrued leave is payable; however, notes 3 and 4 above apply, as well as the following: A member may not take accrued leave in lieu of payment beyond the effective date of retirement. c. In accordance with DoD 7000.14-R Financial Management Regulation, Volume 7A, Chapter 35 Exceptions to the 60-Day Career Leave Payment Limitation: Contingency Operations. The 60-day leave payment limitation does not apply with respect to leave accrued by a member of a Reserve Component or retired Reserve; a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps; or a member of the Fleet Reserve or Fleet Marine Corps Reserve during any period while the member also is: (1) Serving on active duty in support of a contingency operation on or after December 5, 1991; or (2) Serving on active duty in connection with the Persian Gulf conflict (other than for training) under authority of Title 10, United States Code (U.S.C.), sections 688, 12301, 12302, 12304, 12306, or 12307, on or after August 2, 1990. Active Duty of 31 to 365 Days. The 60-day leave payment limitation does not apply to leave accrued by a member of a Reserve Component while serving on active duty, full-time National Guard duty, or active duty for training during a period of more than 30 days, but not in excess of 365 days, beginning on or after October 1, 2001. Career Leave Payment Total. Unused leave accrued specifically under the conditions of subparagraphs 350201.A.4.a through 350201.A.4.c is in addition to the member’s career leave payment limitation of 60 days. Such unused leave may be carried forward into a new contract period of active duty and later be eligible for payment in addition to other leave to which the 60-day career ceiling applies. See paragraph 350202 for rules that apply to accounting for accrued and used leave, and subparagraph 350203.B for calculating the payment amount and the possible application of the Combat Zone (CZ) Tax Exclusion (CZTE). d. In accordance with OPNAVINST 1000.16L (Navy Total Force Manpower Policies and Procedures) Selected Reserve (SELRES). Part of the Ready Reserve consisting of two groups: Drilling Reservist and Units. These are units designated by SECNAV and individual reservists that are available for recall to active duty status. They are the primary source of immediate manpower and are typically required to participate in inactive duty training periods and annual training. Also includes individual mobilization augmentee personnel. Full-Time Support (FTS). These are designated reservists who perform full-time active duty service that relates to the organization, administration, recruiting and training of the Navy Reserve program, FTS Sailors may also be assigned duties that relate to the maintenance of supplies, equipment, and aircraft, as well as perform other functions required on a daily basis in the execution of operational mission and readiness preparation as authorized in Title 10, U.S.C., for members of the Reserve Component. Navy common usage limits FTS personnel to full-time military and civilian members paid from the RPN appropriation. e. On 18 July 1997, Petitioner signed an Officer Appointment Acceptance and Oath of Office, and was appointed as an Ensign in the active U.S. Navy Reserve. f. On 30 September 2006, Petitioner sold 60 days leave upon his resignation and completion of required active service. g. On 28 March 2007, Petitioner signed an Officer Appointment Acceptance and Oath of Office, and was appointed as a Lieutenant in the inactive U.S. Navy Reserve. h. On 25 September 2007, Petitioner was issued official recall to active duty orders (BUPERS mobilization order: 2687) for a period of 365 days. Under Title 10, section 12302. These orders could be extended for a total of up to 24 months. Orders were issued in support of Operation Enduring Freedom. i. On 12 October 2007, Petitioner entered active duty. j. On 25 September 2008, Petitioner was issued BUPERS demobilization order: 2698. k. On 25 November 2008, Petitioner was released from active duty and transferred to the Naval Reserve. Furthermore, Petitioner’s DD Form 214 block 16 (Days accrued leave paid) listed 31 days leave. l. On 25 November 2008, Petitioner was issued official recall orders (BUPERS order: 3308). Petitioner was recalled to active duty under the provisions of Title 10 USC, section 12301D as the initial step in Petitioners re-designation to the full time support (FTS) officers community. Petitioner’s execution of these orders constitutes Petitioner’s acceptance of the 3 years service obligation in the FTS program. m. On 26 November 2008, Petitioner entered active duty. n. On 13 January 2010, Petitioner was issued contingency support Temporary Additional Duty assignment in support of GWOT contingency operations for 217 days with a return date of 14 November 2010. o. According to Petitioner’s Master Military Pay Account, on 1 October 2015, Petitioner’s leave balance was 33 days, on 1 October 2016, Petitioner’s leave balance was 26 days, on 1 October 2017, Petitioner’s leave balance was 39 days, and on 30 April 2018, Petitioner’s leave balance was 53.5 days. p. On 30 April 2018, Petitioner retired upon Non-Selection Permanent Promotion. Furthermore, Petitioner’s DD Form 214 block 16 (Days accrued leave paid) listed 53.5 days leave. q. 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 during period of 12 October 2007 to 25 November 2008, while in the inactive U.S. Navy Reserves, Petitioner was mobilized and served in support of operations Noble Eagle and Enduring Freedom. Upon separation Petitioner’s DD Form 214 listed 31 days accrued leave paid. The Board could not determine if he received this payment or how many days leave he accrued during that time. The Board concluded that during period of 26 November 2008 to 30 April 2018, while in the active U.S. Navy Reserve, FTS, Petitioner was issued TEMADD assignment in support of GWOT contingency operations in 2010. Furthermore, Petitioner’s financial record shows some evidence that he received Taxable Wages Combat Zone Exclusion in 2017. Upon separation Petitioner’s DD Form 214 listed 53.5 days accrued leave paid. The Board could not determine if he received this payment or how many days leave he accrued during that time. The Board found that under the reviewed laws and regulations, Petitioner may be eligible to sell leave in excess of the career 60 day limit when leave is accrued during deployments in support of contingency operations. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due payment for up to 53.5 days leave accrued during the following periods: The period of 12 October 2007 to 25 November 2008, while mobilized. The period of 26 November 2008 to 30 April 2018, while in the FTS program. 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.