DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 5510-19  
Ref:  Signature Date  

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 1050-010 

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 this Board requesting, in effect, that the applicable naval record be corrected to sellback Lump Sum Leave (LSL). 

2.  The Board, consisting of                                                                             , reviewed Petitioner’s 
allegations of error and injustice on 27 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 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 reference (b), enlisted members on active duty who signify their intention to reenlist on the date immediately following the date of discharge and remain on active duty may elect to sell a portion of the accrued leave. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner submitted request to sellback 30 days of LSL in conjunction with executing a 4-year reenlistment on 19 April 2019.  Due to an administrative oversight, Petitioner’s request was not processed accordingly and his reenlistment contract reflected an erroneous LSL Sellback days of “0.0”.  

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner’s NAVPERS 1070/601, Immediate Reenlistment Contract executed on 19 April 2019 for a term of 4-years is modified to reflect: LSL SELLBACK: “30.0”, vice “0.0”.  Note: This change will entitle Petitioner to a LSL 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. 


1/15/2020