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

Docket No: 794-19  
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj:    REVIEW OF NAVAL RECORD OF 

Ref:     (a) 10 U.S.C. §1552 

Encl:    (1) DD Form 149 w/attachments 
         (2) OCNO memo 7431 Ser N130C2/19U0818 of 16 May 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 carried forward 42 days leave upon day of separation vice lump sum leave payment. 

2.  The Board, consisting of         , reviewed Petitioner’s allegations of error and injustice on 31 May 2019 and, pursuant to its regulations, determined that the corrective action indicated below 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 15 July 2015, Petitioner was discharged and reappointed to the Navy Reserve. 

     c.  On 18 April 2016, Petitioner entered active service.

     d.  On 17 April 2018, Petitioner was separated from active service.  Note: Petitioner’s days of accrued leave paid was 34.5 days.

     e.  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.  Petitioner as a Reservist was eligible to carry leave from one period of active duty to the next period of active duty; however, due to lack of counseling, Petitioner was not made aware of her ability to do so.  Furthermore, the Board also concluded per the MMPA (Master Military Pay Account) that Petitioner’s leave balance on 1 October 2017 was 28 days.  On 17 April 2018, Petitioner had earned 16.5 days, used 10, for a total balance of 34.5 days.  Moreover, Petitioner had previously sold 7.5 days on 15 July 2015 while in the active component. 

RECOMMENDATION 

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

Petitioner executed an NAVPERS 1070/613 (Administrative Remarks) prior to 17 April 2018 desiring to carry 34.5 days leave. 

The Certificate of Release or Discharge from Active duty (DD Form 214), effective 17 April 2018 is modified to read block 16 (Days accrued leave paid) “0.0 “ vice “34.5”.   

Note: 34.5 days will be reinstated to Petitioner’s leave account.  The Lump Sum Leave payment previously paid will be recouped.  No waiver of recoupment will be granted. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that a 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 Regulation, 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. 


10/2/2019