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) DoDI 1327.06 of 16 Jun 09 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C2/19U2209 of 20 Dec 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 sold 8 days leave.   
 
2.  The Board, consisting of ,   ,   and   reviewed Petitioner’s allegations of error and injustice on 22 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.  In accordance with reference (b), SLB (saved leave balance) was established on 1 September 1976.  Earned leave due on 31 August 1976, became the SLB. Leave accounts that showed an advance leave balance on 31 August 1976, do not have an SLB. A member with an SLB has the option to use the leave prior to retirement or sell it back upon retirement. A member’s SLB is tracked, maintained, and liquidated by the Defense Finance and Accounting Service. 
 
     c.  On 20 December 2018, Petitioner was issued official retirement orders (BUPERS order: 3548) with a transfer date to the retired list effective 1 June 2019. 
 
     d.  Petitioner was charged leave from 3 May 2019 to 10 May 2019 (8 days).  
 
     e.  On 6 May 2019, Petitioner’s travel authorization listed a departure date of 3 May 2019, and arrival of 22 May 2019.  Furthermore, this 20-day no-cost TDY Authorization (3-22 May 2019) is for Permissive TDY for House-Hunting, in conjunction with retirement orders from Active Duty. 
 
     f.  Petitioner was charged leave from 23 May 2019 to 31 may 2019 (9 days). 
 
     g.  On 31 May 2019, Petitioner transferred to the retired list. 
   
     h.  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 Petitioner was erroneously charged leave from 3 May 2019 to 10 May 2019 (8 days) while he was on Permissive TDY for House-Hunting.    
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s DD Form 214 (Certificate of Release or Discharge from Active duty) executed on 31 May 2019 listed block 16 (Days accrued leave paid) “8.0” vice “NONE”.   
 
Note: 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. 
 
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.