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 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7220 Ser N130C1/19U1433 dtd 5 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 modify an immediate reenlistment contract and reinstate sellback of Lump Sum Leave (LSL).   
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 13 September 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: 
 
     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 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:  On 6 September 2018, Petitioner submitted reenlistment request with a total available balance of 50.0 days of LSL.  Petitioner did not intend to sell leave and declined the election of sellback leave on reenlistment request form; nevertheless, Petitioner’s command erroneously approved to sellback LSL in the amount of 50 days.  Petitioner’s reenlistment contracted reflected sellback LSL of 50.0 days, vice 0.0 days. 
 
RECOMMENDATION 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601), executed on 25 October 2018 is modified to reflect: LSL SELLBACK: “00.0”, vice “50.0”.   
 
This change will reimburse Petitioner’s leave account in the amount of 50.0 days.  The Defense Finance and Accounting Services will recoup LSL payment in the amount of 50.0 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.