DEPARTHIENT OF THE NAVY
BOARD FOR CORRECTION UF NAVAL RECURUS
701 S, SOUT!
ARLINGTON, VA 22204-2490
Ietier Pry aAty SEY
POU EN, ee
DIC
Docket No. NR3139-14
11 Sep 14
rram: Chairman, Board for Correction of Navel Records
TO: Secretary of the Navy
Sub} : ERD AD PRET SR
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) OCNO memo 7431 Ser N130C/14U1029 dtd 7 Aug 14
(3) 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 established entitlement to payment of lump sum leave (LSL).
2. The Board, consisting of Mr. Ruskin, Mr. Fxnicios, and Mr. George,
reviewed Petitioner's allegations of error and injustice on
10 September 2014 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, naval records, and applicable statutes,
regulations and policies:
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nd
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3, The Board, having reviewed ail the =
Petitioner's allegations of error and injus
ytaining to
i s follows:
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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 corrective
action.
Docket No. NR3139-14
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. In conjunction with his travel settlement on or apout /
February 2011, Petitioner requested and was approved to sell back 10
days leave. Note: Petitioner received BUPERS Orders for active duty
for special work under the authority of title 10 USC section 12301 for
a period of duty 12 October 2010 to 6 February 2011, earning 10 days
leave, and he will be entitled to payment for 10 days of leave.
pb. In conjunction with his travel settlement on or about 7
March 2012, Petitioner requested and was approved to sell back 17.5
days leave Combat zone Tax Exclusion (CZTE). Note: Petitioner
received BUPERS Mobilization order 0351 under the authority of trate
10 usc section 12302 for a period of duty 7 February 2011 to 6 March
2012 (arriving to a hostile fire/imminent danger/CZTE area on 25
February 2011 and departing 1 March 2012), earning 32.5 days leave and
taking 15 days leave, resulting in a total balance of 17.5 days. This
change entitles him to payment for 17.5 days of leave (CZTE) .
c. In conjunction with his travel settlement on or about 1
October 2013, Petitioner requested and was approved to sell back 35
days leave, vice 16.5 days. Note: Petitioner received BUPERS
Mobilization order 0052 under the authority of title 10 USC section
12302 for a period of duty 7 March 2012 to 30 September 2013, earning
47 days leave anc taking 12 days leave, resulting in a total balance
of 35 days. This change entitles him to payment for 35 days of leave
vice 16.5 days leave.
a. 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.
BARBARA A. NAHULAK
Recorder
Docket No. NR3139-14
f authority set out in Section 6(e)
Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it 4s hereby announced that the
taken under the authority of
Fareaoina corrective action, taker A
t the
(a), has been approved by the Board on behalf of the Secretary ©
Navy.
Bis Pursuant to the delegation o
of the revised Procedures of the
1i. Sep 14
ROBERT Jd. O'NEILL
Executive Director
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