DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
bye
Docket No. NR5S270-13
3 Dec 13
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) PD Form 149 w/attachments
(2) OCNO Memo 1050 Ser Ni130C/13U1003 dtd 19 Nov 13
(3) Subject’s naval record i is,
1. Pursuant to the provisionsof 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 established entitlement to payment of 5 days lump sum leave (LSL) .
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 2 December 2013 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 enciosures, naval records, 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 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 partial
corrective action.
Docket No. NR5270-13
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. In conjunction with his reenlistment of 20 March 2013,
Petitioner requested and was approved to sell back 5 days leave.
Note: Petitioner's leave balance will be reduced by 5 days, and he
will be entitled to payment for 5 days of leave.
b. That part of the Petitioner's request for corrective action
that exceeds the foregoing is denied. Records show that the
Petitioner sold 25 days leave on 3 April 2005, and 30 days leave on 11
February 2010 for a total of 55 days. IAW DOD 7000.14R FMR Volume 7A
chapter 35, career leave payment is limited to 60 days, authorizing
the petitioner to sell 5 days.
c. 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.
Recorder Acting Recorder
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.
3 Dec 13 AE 2
fPra_W. DEAN PREIFFER
Executive Director
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