DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP: ddj
Docket No: 3793-01
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.
N130C3/OlU1194 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
OFTHE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATION
2000 NAVY PENTAGO
WASHINGTON. D.C.
N
20350-2000
S
IN REPLY REFER TO
7220
Ser
3
Aug 2001
N130C3/
OlU1194
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
Ref:
(a) U.S.C., Title 37, 501
Encl:
( 1 ) BCNR Case File
Record
#03793-01 w/Microfiche Service
1 . Per your request, the following recommendation concerning
enclosure (1) is provided.
Enclosure (1) indicates a request to exempt the maximum number
(LSL) that a member can sell back during
2.
of days of Lump Sum Leave
a career.
A review of the petitioner's Master Military Pay Account
3.
(MMPA) revealed that he has sold back a total of 60 days during
his retirement of 1 June 2001.
back during a career is
60 days IAW reference (a).
The maximum LSL a member can sell
N130C recommends disapproval of the petitioner's request to
4.
exceed the maximum number of day of LSL IAW reference (a). No
waivers are authorized under the law.
Allowances
SLction
(N130C)
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