DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON. D.C. 203704100
JLP:ddj
Docket No: 5622-98
9 February 1999
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 9 February 1999. 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.
opinion furnished by CNO memorandum 7220 SER
of which is attached.
In addition, the Board considered the advisory
N130C3/002-99 of 8 January 1999, a copy
After careful and conscientious consideration of the entire record, 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 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
OFTHE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
WASHINGTON. DC 20350-2000
IN REPLY REFER TO
N130C3/002-99
7220
Ser
8 Jan 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
REQUEST"FOR COMMENTS AND RECOMMENDATIONS ICO
Ref:
Encl:
(a) NAVADMIN
236/97
(1) BCNR Case File
Record
w/Microfiche Service
Per your request,
1.
enclosure (1) is provided.
the following recommendation concerning
The petitioner is requesting reinstatement of 13 days
2.
excess leave (17 MAY 98 to 29 MAY 98) due to the fact that he
extended his old EAOS for 22 months.
Verification of the petitioners Master Military Pay Account
3.
(MMPA) revealed that his old EAOS was 7 SEP 98 when he agreed
to extend for 22 months to a new EAOS of 7 JUL 00 and that he
had a negative 26 days leave balance at the beginning of FY-98.
Additionally, he took leave (14 FEB 98 to 4 MAR 98) while in a
negative leave balance status and this resulted in a excess
leave
checkage (13 days) against his pay account on 2 JUL 98.
IAW with reference (a),
the practice of carrying over a
4 .
negative leave balance to an extended enlistment/reenlistment
was discontinued effective 10 JAN 98.
petitioner is not eligible for the reinstatement of 13 days
excess leave (17 MAY 98 to 29 MAY 98).
Therefore, the
Head, Pay and Allowances
Section
(N130C)
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