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NAVY | BCNR | CY2001 | 02966-01
Original file (02966-01.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E   N A V Y  

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

J 1- P : y ri 
Docket  No:  2966-01 
I8 June  2002 

This  is  in  reference  to  your  application  for  correction  of  your  naval  rc.costl  pursuant  to  tlie 
provisions of  title  10 of' the  IJliited  States Code,  section  1552. 

A  three-~iiember panel  of  the  Roarcl  for  Correction  of  Naval  Records,  sitting  in  executive 
session,  consitleretl your  application  on  18 June  2002.  Your  a1leg;ltions of  error  and  injustice 
were  reviewed  in  accortlance  ~ : i t h  atl~iii~iist~-;lti\le 
regulations  and  procedures  applicable to  tlie 
proceedings  of  this  Board.  Lhcunientary  tnaterial  consicleretl  by  the  Boartl  consisted  of  your 
application, together  with  all  material  sub~iiittecl in  support  thereof,  your  naval  record  and 
applicable  statutes,  regulations  and  policies.  111 addition, tlie  Boartl  considered  tlie  advisory 
opinion  furnished  by  H Q M C   ~nemorantlu~il 7200Jh KFLI3 of  7  May  2002, a copy  of  which  is 
attached. 

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

I t   is  regretted  that  tlie  circumstances of' your  case  are such  that  favorable action  cannot  be  taken. 
You  are entitled  to  have  the  Boartl  reconsider  its decision  upon  submission  of  new  and  tilaterial 
evidence or other  matter  not  previously  considered  by  the  Board.  111 tliis  regard,  it  is  iniportant 
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  o n  the applicant  to 
denionstrate  the existence of  probable  ~naterial error or  injustice. 

Sincerely, 

W.  DEAN  PFEIFFER 
Executive Director 

Enclosure 

DEPARTMENT OF THE NAVY 

HEAWUARTERS UNITED STATES MARINE CORPS 

2 NAW  ANNEX 

WASHINGTON, DC 203-1775 

IN REPLY REFER TO 
720016 
RFL/3 
MP,)'  2  ;.!ji!(,: 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION 

OF NAVAL RECORDS 

Subj:  REQUEST FOR  BCNR ADVISORY  ON^ 

..  . 

WJmmmijj 

We have been  requested  to provide an advisory opinion regarding a request to 

authorize SNM to sell back accrued leave. 

We  recommend  no  BCNR  action  be  taken.  Our  research  reveals  that  the  Discharge 
Account  Summary  Sheet (DASS) was destroyed  after  six  years  and  seven months.  The 
Statue of Limitations expired  for this claim in  1981. The permanent  documentation,  still 
available  in  his  record,  (Discharge LES) shows a  leave balance of 0.00 days of accrued 
leave due upon separation.  Please note that SNM had accrued over 200 days of bad time. 



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