DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
JLP: ddj
Docket No: 3062-01
5 September 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 5 September 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 SER
of which is attached.
N130C3101U1192 of 3 August 2001, 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.
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.
In this regard, it is important
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT
OFFICE OF THE CHIEF OF NAVAL
OFTHE NAVY
OPERATION
S
2000
NAVY PENTAGO
N
WASHINGTON. O.C. 20350-200
0
IN REPLY REFE
R
TO
7220
Ser
3 Aug 2001
N130C3/oiuii92
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Subj
Ref:
Encl:
Assistant for BCNR Matters, Pers-OOXCB
;:;
(1)
Military Pay Advisory (MPA)
DOD Directive 1327.5 of 24 Sep 85
81/00
BCNR Case File
Record
#03062-01 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
Enclosure (1) indicates a request for reinstatement of 5
2.
days leave lost at the end of FY-00.
Defense Joint Military Pay System-Active component
3.
AC) uses the Last-In-First-Out (LIFO) rule to determine what
leave is charged when a member uses leave.
DFAS-Cleveland received a ruling that LIFO is the correct
method and effective immediately DFAS-CL will no longer make
adjustment of leave balances to minimize leave lost at the
end of the FY based on the LIFO rule.
IAW reference (a)
(DJMS-
IAW reference (b)
para. 6.16-2, service members who are
4.
assigned to a designated deployable ship, operating away from
homeport for 60 days or more,
leave when operational mission requirements prohibit normal
leave utilization.
in defense of national security must have caused the
situation preventing the service members from using leave.
A national emergency/crisis or operation
may accumulate up to 90 days of
N130C recommends disapproval of the petitioner's request
5.
for reinstatement of 5 days leave lost at the end of FY 00.
Assistant
dead, Pay and
Allowances Section
(N13OC)
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