DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
JLP: ddj
Docket No:
30 March 1999
6905-98
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 30 March 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. In addition, the Board considered the advisory
opinion furnished by BUPERS 7220 Ser
, a copy of which is
attached.
N130C3/034-99 11 March 1999
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
DEPARTMEN
OFFICE OF THE
T
CHIE F
.
OF THE NAV Y
OF NAVAL OPERATION
DC 20350-200
0
S
WASHINGTON
O
REPLY REFER T
IN
722 0
Ser
11 Mar 99
N130C3/034-99
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) MILPERSMAN 2650180
(b) DODFMR, Volume 7A
&
.4
(1) BCNR Case File
Record
#06905-98 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
The petitioner reenlisted on
2 .
from his old EAOS
accrued leave IAW reference (a).
(13Mar99), and did not qualify to sell back
lOSep98, more than 90 days away
A review of enclosure
(l), revealed that the petitioner
3.
agreed to extend his old EAOS
his projected rotation date (PRD) of
however, reenlisted for 2 years on
away from his EAOS) and did not qualify to sell back accrued
leave IAW references (a) and (b).
(13Dec97) for 15 months to match
lOSep98 (more than 90 days
The member,
13Mar99.
Enclosure (1) does not contain evidence to support the
4.
petitioner's claim that an administrative oversight resulted in
his disqualification to sell back accrued leave during his
reenlistment on
the petitioner's request to sell back 30
N130C does not recommend approval of
days accrued leave.
lOSep98.
Allowances Section
(N130C)
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