DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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 1050-070 dtd 22 Jan 10 Encl: (1) DD Form 149 w/attachments (2) OCNO memo 7431 Ser N130C2/21U0204 of 18 Feb 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 reinstatement of special leave accrual. 2. The Board, consisting of Ms. Ms. and Mr. reviewed Petitioner’s allegations of error and injustice on 24 August 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), it is Navy policy to authorize members to accrue up to 120 days earned leave when assigned to duty under any of the circumstances specified under the “Eligibility Criteria” table. When members are serving in a deployable ship, mobile unit, or similar duty, which, because of operational mission requirements, deploys or operates away from its designated home port or home base for a continuous period of at least 60 days, thus preventing normal use of earned leave before it is lost at the end of the fiscal year (FY), members are eligible for special leave accrual. They may qualify for special leave accrual in the FY prior to the FY the ship or mobile unit returns to home port or home base. In this case, the carryover period terminates at the end of the third FY after the FY in which the ship or mobile unit returns from a qualifying deployment; however, if the leave in this instance is accrued from 1 October 2008 until 30 September 2013, the carryover period would terminate on the fourth FY after the FY in which the ship or mobile unit returns from a qualifying deployment. c. On 22 June 2016, Petitioner arrived to for duty. d. On 1 October 2017, Petitioner lost 30.0 days of leave. e. On 2 July 2018, Petitioner transferred. On 31 July 2018, Petitioner arrived to for duty. f. On 19 November 2018, Commanding Officer, Navy Element, that Petitioner served onboard homeported in . He completed most recent Western Pacific Deployment from September 2017 to March 2018. Petitioner lost 30 days. Request restoring lost leave days. g. On 3 April 2019, DWOWS was received and completed on 15 April 2019 for special leave accrual. 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 Petitioner was assigned aboard a deployable ship and he served on overseas deployment; therefore, he was eligible for special leave accrual. However, due to administrative oversight, Petitioner lost 30 days of leave on 1 October 2017. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s Request for special leave accrual was submitted via the chain of command (COC) to the approving authority no earlier than the end of the FY, and no later than the end of the first quarter of the following FY. Note: As a result of this change, Petitioner will be credited with the 30 days of leave that were previously lost on 1 October 2017. Furthermore, the carryover period terminates at the end of the third FY after the FY in which the ship or mobile unit returns from a qualifying deployment. Finally, Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine Petitioner’s leave balance. 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. 10/4/2021 Deputy Director