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) CNP memo 7220 Ser N130C3/20U0068 of 20 Jan 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 60 days leave upon reenlistment.  
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 6 August 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), the members may elect to sell a portion of the accrued leave and carry forward the remainder to the new or extended enlistment. 
 
     c.  On 19 June 2018, Petitioner submitted a NPPSC 1160/1 (Command Career Request)  requesting to sell 60 days leave. 
 
     d.  On 26 July 2018, Petitioner’s NAVPERS 1070/613 (Administrative Remarks) electing to sell 60 days of leave was certified by the reenlistment officer. 
 
     e.  On 26 July 2018, Petitioner reenlisted for 4 years; however, the LSL SELLBACK listed zeros.   
 
     f.  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 had a balance of 85 days upon reenlistment.  He was eligible and requested to sellback 60 days leave; however, due to administrative oversight the command failed to annotate Petitioner’s reenlistment document.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The immediate reenlistment contract (NAVPERS 1070/601) executed 26 July 2018 listed LSL SELLBACK: 60.0 vice 00.0.   
 
Note: Petitioner’s leave balance will be reduced by 60 days, and he will be entitled to payment for 60 days of 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.