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 
       (b) MILPERSMAN 1050-070 of 22 Jan 10 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) CNP memo 7220 Ser N130C1/19U1707 of 18 Sep 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 restored 25 days leave. 
 
2.  The Board, consisting of    ,    ,    and   reviewed Petitioner’s allegations of error and injustice on 8 September 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.  On 22 June 2009, Petitioner arrived to Naval Medical Center,    for duty. 
 
     c.  In accordance with reference (b), Other Special Limits, Reference (c) [10 U.S.C. 701] provides special leave accrual because of reduced leave taking opportunity caused by operational commitment.  Furthermore, leave that exceeds 60 days (75 days during the period of 1 October 2008 through 30 September 2015) is lost unless used before the third fiscal year (fourth fiscal year if leave was accrued during the period of 1 October 2008 through 30 September 2015) following the fiscal year in which service members qualified to accumulate up to 120 days leave at the end of the fiscal year.   
 
     d.  On 1 October 2010, Petitioner lost 6 days leave.   
 
     e.  On 1 October 2011, Petitioner lost 16 days (only used 14 days prior to 1 October 2011).   
 
     f.  On 6 July 2012, Petitioner was transferred, and arrived to  on 9 July 2012. 
 
     g.  On 1 October 2012, Petitioner lost 3 days 
 
     h.  On 2 July 2018, Program Director, Emergency Medicine Residency Program, NMCP wrote that in accordance with the Residency Program Manual at that time, Emergency Medicine Residents were only permitted to take 14 days of leave in their first year and 21 days of leave each in the remaining two years. 
 
     i.  On 31 May 2020, Petitioner retired. 
 
     j.  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 partial 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.  Petitioner was assigned to a command with operational tempo requiring limits on leave.  Petitioner lost leave during FY10 and FY11 while assigned to Naval Medical Center, , and FY12 after his transfer.  Petitioner did not provide enough evidence pertaining to FY10.  Petitioner could have taken 21 days leave vice 14 days leave in FY11.  Therefore, Petitioner should only be credited with 9 days vice 16 days.  Petitioner transferred prior to the end of FY12, and could have taken more leave. The Board concluded that Petitioner should be credited with 9 days of leave restored for FY11 only. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s request for special leave accrual of “9” days was submitted via the chain of command (COC) to the approving authority no earlier than the end of the FY (30 September 2011), and no later than the end of the first quarter of the following FY (31 December 2011), and it was approved by cognizant authority. 
 
That part of the Petitioner's request for corrective action that exceeds the foregoing is denied.   
 
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.