DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 1583-02
5 November 2002
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 November 2002.
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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by Memorandum 5420 Pers 40CC of undated, a copy of which is attached.
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
5420
PERS 40CC
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Assistant for Board for Correction of Naval Records
Matters (Pers-OOZCB)
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) INQUIRY ICO
"&
is requesting that he credited back 15 days of
leave used during PCS transfer from USS SAM HOUSTON (SSN-609) to
COMSUBPAC and another 15 days of leave used during PCS transfer
from COMSUBPAC to USS KAMEHAMEHA (SSN-642) BLUE CREW.
Background
:
reported aboard SSN-609 24 May 87, transferred on
COMSUBPAC located in Pearl Harbor, HI, reported
aboard COMSUBPAC 25 Mar 91 and transferred on 1 Mar 94 to
642 BLUE CREW in Pearl Harbor, HI.
SSN-
states that he was told by his Detailer he would be
authorized a trip to his home of record and 15 days of non-
chargeable leave upon each transfer.
-
In accordance with Joint Federal Travel Regulations (JFTR)
U7200, members are entitled to consecutive overseas tour (COT)
travel not to exceed distance to home-of-record for completing
back-to-back DOD tours.
:
Recommendation
This office recommends denial of YNC
entitlement exists authorizing 15 days of non-chargeable leave
and a flight to home of record upon transferring to serve
to-back overseas tours. Additionally, Title 28, United States
Code, section 2401 states action commenced against the United
States shall be barred unless the complaint is filed within six
years after the right of action first accrues.
request. No
back-
Point of Contact :
-
DSN: 882-3550 or Coml: (901) 874-3550.
Enlisted Assignment Division
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