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 7220-340 of 25 Sep 18 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) CNP memo 7220 Ser N130C3/20U0428 of 23 Mar 20 
       (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 14.5 days leave upon being released from active duty. 
 
2.  The Board, consisting of   ,    ,    and   reviewed Petitioner’s allegations of error and injustice on 15 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 16 July 2002, Petitioner entered active duty, and was discharged on 2 August 2011.  Days accrued leave paid 1.0. 
 
     c.  On 1 February 2013, Petitioner entered active duty, and was released from active duty and transferred to the Navy Reserve on 3 December 2013.  Days accrued leave paid 0.5. 
 
     d.  On 10 April 2014, Petitioner was issued ordered to PCS for 172 days (12 April 2014 to 30 September 2014). 
 
     e.  On 12 April 2014, Petitioner entered active duty, and was released from active duty for training (ADT) on 30 September 2014.  Days accrued leave paid 2.5. 

     f.  On 1 May 2015, Petitioner entered active duty, and was released from active duty and transferred to the Navy Reserve on 17 April 2016.  Days accrued leave paid 0.0. 
 
     g.  On 29 April 2016, Petitioner was issued ordered to ADT-SPEC for 139 days (1 May 2016 to 16 September 2016). 
 
     h.  On 18 June 2017, Petitioner entered active duty, and was released from active duty for training (ADT) on 30 September 2017.  Days accrued leave paid 9.0. 
 
     i.  On 11 October 2017, Petitioner was issued modification to ADT-SPEC for 105 days (18 June 2017 to 30 September 2017). 
 
     j.  In accordance with reference (b), Reserve component sailors who desire to carry over leave must sign NAVPERS 1070/613 documenting desire for leave carryover prior to the end of each ACDU period. NAVPERS 1070/613 must be received and signed as witnessed by the supported command, Service member’s assigned Reserve Component activity, or the servicing personnel support detachment prior to the completion of each ACDU period. All modifications, back-to-back orders, and active periods overlapping fiscal years are considered as separate ACDU periods, and a declaration for leave earned must be submitted via a NAVPERS 1070/613 prior to the end of each ACDU period individually. This includes all ACDU for training, definite or temporary recalls, mobilization, and ACDU for special work. Failure to make an election or non-receipt of the NAVPERS 1070/613 by the servicing personnel detachment prior to the end of any ACDU period(s) will result in lump-sum payment for accrued leave. 
 
     k.  On 30 November 2018, Petitioner was issued ordered to annual training for 28 days (2 December 2018 to 29 December 2018). 
 
     l.  On 30 July 2020, Petitioner was issued ordered to ADT-REIM for a period of 55 days (7 August 2020 to 30 September 2020). 
 
     m.  Petitioner’s Leave and Earnings Statements for 21 August 2019, 20 September 2019, 15 Ocotber 2019, 17 January 2020, 27 March 2020, 15 April 2020, 1 July 2020, and 19 August 2020, all show a forward leave blance of 14.5 days.  
 
     n.  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 if Petitioner is able to provide annual training/active duty training (AT/ADT) orders, prior leave earning statements (LES) and DD 214s that support his claim. 
 
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 there’s some evidence that Petitioner carried forward 14.5 days; however, the Board was unable to determine which set(s) of orders they came from, as he sold leave several times.  Furthermore, no NAVPERS 1070/613 exists in Petitioner’s record, therefore if any leave was not properly carried forward, it should have been paid at the end of those orders.       
 
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 any back pay and allowances up to 14.5 days leave.   
 
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.