DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP: ddj
Docket No:
03 April 2001
815840
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 03 April 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.
N130C3/01U102 of 13 March 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. 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 official 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 NAV
OFFICE OF THE CHIEF OF NAVAL OPERATION
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-2000
Y
S
N
IN REPLY REFER TO
722 0
Ser
13 Mar 2001
N130C3/OlU102
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Ref:
Encl:
(a) DODFMR, Volume
7A, Chapter 35, Feb 00
(1) BCNR Case File
Record
#08158-00 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
Enclosure (1) indicates a request to transfer 30 days lump
2.
sum leave (LSL) sold during a previous reenlistment of 22 Feb 85
to a current reenlistment contract (2 years agreement) of 25 Jun
99 and to be compensated for the differences between E7 base pay
and E4 base pay.
IAW reference (a) Table 35-3,
Rule-l members separating who
3.
immediately reenlist on active duty may sell lump sum leave at
the time of reenlistment.
computation of cash settlement of accrued leave on and after
September 1,
of reenlistment.
compensated for differences in pay grades.
There is no provision under the law to be
1976 will be on the basis of basic pay at the time
IAW Reference (a) Table 35-5 Note 6,
N130C recommends disapproval of the petitioner's request IAW
4.
reference (a).
Allowances Section
(N130C)
, Pay and
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