DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

MEH
Docket No. 4136-07
10 Jul 07

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 10 July 2007. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by CNO memo 7220 Nl30c4/07U0448 of 25 Jun 07, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is also important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

									Sincerely

						W. DEAN PFEIFFER
								Executive Director

Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
-	WASHINGTON, D.C. 20350-2000

7220
Ni30 C4/07U 0448
25 Jun 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters, Pers-OOXCB

Subj:	

Ref:	(a) MILPERSMAN 1050-120

End:	(1) BCNR Case File #04136-07

1.	Per your request, the following recommendation concerning enclosure (1) is provided.

2.	Enclosure (1) indicates a request for reinstatement of 27 days of leave the petitioner lost upon his retirement on 30 Apr 07.

3.	IAW reference (a) paragraph 1.C, Since a member is not required to report to a naval activity for final processing at the expiration of leave, it is imperative that the separating activity accomplish all pre-separation counseling and administrative processing prior to the member’s departure for leave. Due to the petitioner’s requirement to complete a separation physical, his separation leave was put on hold.  was within their authority to delay the petitioner’s leave.

4.	While the petitioner’s service should be commended, N13OC recommends disapproval of the petitioner’s request for reinstatement of 27 days leave.
	Assistant Head, and
Allowances Section (N130C4)

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