From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USN, XXX-XX-  
 
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) CNP memo 7220 Ser N130C1/20U1778 of 25 Nov 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to show restoration of 5.5 days of leave and reimbursement of interest and overpayment of taxes paid.   
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 8 December 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 of a Reserve Component who accumulates leave during a period of active service may carry over any accumulated leave to the member’s next period of active service without regard to separation or release from active service if the separation or release is under honorable conditions. 
 
     c.  On 30 September 2015, Petitioner was issued official active duty for special work orders for a period of active duty from 4 October 2015 to 8 April 2016. 
 
     d.  On 4 October 2015, Petitioner entered active duty.  
 
     e.  On 31 March 2016, Petitioner certified a NAVPERS 1070/613 (Adminstrative Remarks) agreeing to a leave carry over of 5.5 days. 
 
     f.  On 1 April 2016, Petitioner was released from active duty and transferred to the Navy Reserve upon completion of required active service. 
 
     g.  On 1 September 2017, Defense Finance and Accounting Service notified Petitioner of indebtedness to the U.S. Government for $2,697.26.  Debt was due to Petitioner’s request to have her military leave transferred to her reserve account.  Petitioner’s initial lump sum leave payment of $2,682.13 was based on the selling of 11.0 days.  This amount must be collected back to offset the original payment.   
 
     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 it was Petitioner’s request to carry forward 5.5 days leave; however, due to administrative error it was sold.  During the period of 4 October 2015 to 1 April 2016, Petitioner earned 15.5 days, and used 10 days.     
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
5.5 days will be credited to Petitioner’s leave account.   
 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner’s 2017 debt has been settled, and if Petitioner is owed any payment to include interest.  Additionally, once her account has been corrected, Petitioner should seek assistance with the IRS regarding her tax issue.   
 
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. 
 
           
1/17/2021
Deputy Director