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 7220-340 
 
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 sell back Lump-Sum Leave (LSL). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 July 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
    a.  In accordance with reference (b), a service member is generally entitled to receive payment for no more than 60 days of accrued leave during a military career. 
 
    b.  On 24 June 2019, Petitioner submitted NPPSC 1160/1, Command Career Request to reenlist on 18 July 2019 for a term of 4-years and requested to sell back 43 days of leave; it was approved. 
 
    c.  Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 18 July 2019 for a term of 4-years; however, the LSL sellback block indicated 00.0 on the contract. 
 
    d.  On 15 July 2020, Defense Finance and Accounting Service (DFAS), verified Petitioner had not sold leave in calendar year (CY) 2019 of CY20.  Additionally, DFAS noted Petitioner’s pay account at the beginning of fiscal year 2020 reflected 59.5 days of leave was carried over.  

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 was eligible to LSL sellback in accordance with reference (b).  However, due to administrative oversight, Petitioner’s reenlistment contract did not reflect the 43.0 day of LSL sellback, resulting in not receiving the requested payment. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s NAVPERS 1070/601, Immediate Reenlistment Contract executed on 18 July 2019 for a term of 4-years, is modified to reflect LSL SELLBACK:  “43.0” vice “00.0”. 
 
This change will entitle Petitioner to a lump-sum payment for accrued leave of 43.0 days.  
                                                             
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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.