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) DoD 7000.14-R FMR, Vol. 7A, Ch. 35 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C2/19U2081 of 21 Nov 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 25 days leave upon separation and carried over zero.   
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 13 October 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), a member who is discharged or separated under honorable conditions is entitled to payment of unused accrued leave unless the member continues on active duty under conditions that require accrued leave to be carried forward, or in the case of a Reserve Component member, the member elects to have the leave carried forward to the member’s next period of active service.   
 
     c.  On 10 November 2016, Petitioner was mobilized and ordered to active duty. 
 
     d.  On 29 December 2017, Petitioner agreed via NAVPERS 1070/613 (Administrative Remarks) to leave carry over of 25 days. 
 
     e.  On 2 January 2018, Petitioner was released from active duty and transferred to the Navy Reserve.  In accordance with the MMPA, Petitioner had a leave balance of 25 days, and sold 25 days leave.  
 
     f.  On 7 June 2019, Petitioner reentered active duty. 
 
     g.  Petitioner’s Leave and Earnings Statement for the period of 1 July 2019 to 31 July 2019 listed a leave blance 28.5 after 25 days leave was added and a Lump Sum Leave debt of $5,877.25 was created.  
  
     h.  On 3 September 2019, COMANVPERSCOM received an email with the following:  “When a member separates under conditions which entitle him to sell back leave, the strength loss triggers the LSL to be posted to the MMPA. A reservist being released from active duty can elect to sell back their leave balance or carry it over. The problem is (and has always been) that DJMS is not programmed to carry over leave.  So, when we submit the strength loss, it automatically posts the LSL and includes it in the final pay computation, and then we submit a DWOWS telling DFAS to not pay the leave but to carry it over. The DFAS tech reverses the LSL, which will cause a debt entry on the MMPA; this is the debt he saw deducted in July. He was paid the 25.0 days of LSL with his final pay for his last period of active duty which ended 1/2/18; he was paid $4432.82, $4172.85 of which was the LSL. A DWOWS ticket was entered on 6/20/19 (probably due to the member reminding someone that he elected to carry over the leave from the previous period of active duty) requesting to remove the LSL and carry the leave balance over to the new period of active duty and that the member was aware of the debt that would be incurred.” 
  
     i.  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 elected to carry over 25 days accrued leave, but received an erroneous Lump Sum Leave payment after separating on 2 January 2018. After returning to active duty, the error was discovered and fixed. Petitioner was credited with 25 days leave and a debt was created.     
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s NAVPERS 1070/613 signed on 29 December 2017 is null and void. 
 
Note: This change will entitle the member to a Lump-Sum Payment for Accrued Leave of 25.0 days.  Furthermore, 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. 
 
         
12/1/2020
Deputy Director