JLP:ddj
Docket No: 1233-
01
22 May 2001
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 22 May
2001. 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 memorandum 7220
N130C3/01U0198 of 9 May 2001, a copy of which is attached.
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 offioial 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
IN REPLY REFER TO
7220
N130C3/
011J0198
9 May 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, Pers-OOXCB
Subj: REQUEST FOR COMMENTS A
Ref: (a) MILPERSMAN
(b) SECNAVINST l050.5C
End: (1) BCNR Case File #00053-99 w/Microfiche Service Record
1. Per your request, the following recommendation concerning enclosure
(1) is provided.
2. The petitioner is requesting reinstatement of 4 days accrued leave
that he lost at the end of FY 99.
3. A review of enclosure (1) revealed that the petitioner was aboard the
USS ESSEX LHD 2 while deployed to the Arabian Gulf (a combat exclusion
zone) from November 96 to February 97 where he earned 10 days of Special
Leave Accrual (SLA) to be used before the end of the third fiscal year
after the year in which the SLA was earned. A review of the enclosure
petitioner’s Master Military Pay Account (MMPA) revealed that he lost 4
days of SLA at the end of FY 00,
4. lAW reference (a), article 3020140 (5), personnel assigned to
deployable ships and mobile units may qualify for special leave accrual in
the fiscal year prior to the fiscal year the ship or mobile unit returns to
homeport or home base. The carryover period terminates at the end of the
third fiscal year after the fiscal year in which the ship or mobile unit
returns from a qualifying deployment. Proper management of accrued leave is
the sole responsibility of the member except under specific circumstances
that are beyond the member’s control per reference (b).
Subj: REQUEST FOR COMMENTS AND RECOMMEND72~TION~ ICO
4. Therefore, N13OC recommends disapproval of the petitioner~ s
request for reinstatement of 4 days SLA at he lost the end of FY
00.
I-u35lstant Head, Pay and
Allowances Section (N13OC)
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