DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
2037~5100
JLP: ddj
Docket No: 2 104-00
24 October 2000
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 24 October 2000.
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 N
of which is attached.
13OC3/OUO498 of 2 1 September 2000, a copy
Your allegations of error and injustice
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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT
OFFICE OF
THE CHIEF OF NAVAL OPERATION
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-200
N
OF THE NAV
Y
S
0
N130C3/OU0498
21 Sep 2000
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj :
Ref:
Encl:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
FMR MBR
, USN
(a) PH
MS
w and DFAS-CL (ADSW Section)
(DK2
of 24 May 2000
(1) BCNR Case File
Record
#02104-00 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
2.
Enclosure (1) indicates a request to reinstate all pay and
allowances due to a negative leave balance that occurred during
the petitioner's continuation of active duty for special work
orders with less than 24 hours between active duty periods.
3.
A review of enclosure (1) revealed that the petitioner had
two sets of orders for active duty for special work from (1 Jun
99 to 1 Nov 99) and (2 Nov 99 to 31 Mar 00).
for this period of active duty would be 25 days.
Master Military Pay Account (MMPA) shows two leave periods were
taken (13
total of 25 days.
negative leave balance was created due to an administrative error
made before his second set of active duty orders went into
effect.
00 to correct the negative leave balance per reference (a).
After the first leave period was charged, a
Corrections were made to his account in
Ott 99) and (17 Mar 00 to 23 Mar 00) for a
His leave balance
Dee 99 and Jan
Ott 99 to 30
A review of his
A review of MMPA leave section revealed that the petitioner
4.
was on leave from 17 Mar to 23 Mar 00.
have brought his leave balance to zero at separation.
late posting of this leave to his MMPA caused an erroneous
payment of 4.5 days of LSL,
amount of $384.13 at separation on 31 Mar 00.
resulting in an overpayment in the
This leave period should
However a
N130C recommends disapproval of the petitioner's request to
5.
restore all pay and allowances and advises the petitioner to make
arrangement for restitution in the amount of $384.12 to the U.S.
Government.
1
.
c
+%
/
S J. Miller
Assistant Head, Pay and
I
-0 &A
Allowances Section
(N130C)
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