DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1367-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ,USN RET Ref: (a) Title 10 U.S.C. § 1552 (b) NAVADMIN 078/95 of 7 Apr 95 Encl: (1) DD Form 149 w/attachments (2) OCNO memo 7431 Ser N130C2/20U0405 of 26 Mar 21 (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 his naval record be corrected to show Petitioner’s negative leave balance was recalculated. 2. The Board, consisting of Ms. Mr. and Ms. reviewed Petitioner’s allegations of error and injustice on 22 July 2021 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), permissive temporary duty (PTDY) allows Voluntary Separation Incentive (VSI) or Special Separation Bonus (SSB), involuntary separatees and retirees, additional time for pre-separation-job search and house hunting. PTDY may be granted for up to 20 days (if the member will be processed for separation in Continental United States) and up to 30 days if separation processing occurs Outside the Continental United States. PTDY is to be used for bona fide job search/house hunting and is not to be used as a form of non-chargeable leave. Members who meet the criteria are eligible, not entitled, to PTDY. Commanding officers should be consistent in giving approval/disapproval based on member meeting the eligibility requirements and demands of command’s readiness and military mission. c. On 6 May 2019, Petitioner signed a leave request/authorization (NAVCOMPT FORM 3065) requesting separation leave from 07:00, 8 July 2019 to 16:00, 30 September 2019. Request was approved by cognizant authority on 8 May 2019. d. On 9 May 2019, Petitioner was issued temporary additional duty (TEMADD) travel orders for house hunting from 16:00, 18 June 2019 to 07:00, 7 July 2019. e. On 30 September 2019, Petitioner transferred to the Fleet Reserve. Furthermore, a statement of military pay account (Defense Finance and Accounting Service-Indianapolis (DFAS-IN) FORM 0-641)) was issued listing the following periods of leave used: 29 April 2019 to 3 May 2019 (5 days), 3 July 2019 to 29 September 2019 (89 days), and 30 September 2019 to 30 September 2019 (1 day) for a total of 95.00 days. Resulting a total negative leave of 5.5 days. f. On 22 January 2021, Petitioner received Defense Finance and Accounting Service letter informing him of indebtedness to the United States Government. Debt was due to leave Petitioner took from 26 September 2019 to 30 September 2019 resulting in a negative leave balance of 5.5 days, which included a non-accrual of 0.5 day(s). g. 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 was erroneously charged leave while on TEMADD travel orders for house hunting from 18 June 2019 to 7 July 2019. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner went on terminal leave from “8 July 2019 to 30 September 2019” vice “3 July 2019 to 30 September 2019.” Note: 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 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. 7/22/2021 Deputy Director