DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JLP:ddj
Docket No:
4 September 2002
5415-02
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 4 September 2002.
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 NPC memorandum 5420 Pers 921 of 31 July 2002, a copy of which is
attached.
Your allegations of error and
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 OF THE NAV
N AVY PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
D
5420
Pers-921
31
JuI 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Ref:
Encl:
Assistant for BCNR Matters (Pers-OOZCB)
ATIONS
IN CASE
OF'-
(a) 10 USC Section
1552
(1)
BCNR File 05415-02
We are returning enclosure (1) with the following
1.
observations and the recommendation that
denied.
petition be
2 .
dur
Jacksonville.
leave when he
MILPERSMAN 7220-340 states specifically that no member may sell
back more than 60 days of accrued leave during a military
career.
ting payment of
to Navy and Marine Corps Reserve Center
had previously sold back
y left active duty in September 1990.
No option or waiver authority is discussed.
60 days of
60 days of leave accrued
(R
which
stated in his letter to
3.
ase from active duty
receive
a detach date no later than 31 July,
taking leave. However, upon review of
FEB
orders were released 9 February, 2001
months prior to his release date of 31 July 2001. No where in
his statement do
Further,
denied.
of 2000 he was concurrently the CO of NRC Pensacola and
NMCRC Jacksonville,
leave during this period would prove difficult. However, from
June 2000 to May 2001, 12 months,
manned staff where taking normal leave would have been possible.
commuting between sites. No doubt, taking
ate that an attempt to take leave was
stated that from October 1999 to June
he was assigned to a fully
recluded him
that he
001 for
from
his RAD
Ol), six
X0 of
our recommendation that
is personally known to members of this
norable Naval Officer, it is
etition be denied.
Subj:
ADVISORY OPINION
IN THE CASE OF
Per reference (c),
6 .
promotion to corporal
omoted to corporal on 1 November 2001.
s date of rank to corporal, she will not be
or promotion to sergeant until the October, November,
er promotion quarter of 2002.
request be disapproved.
Recommend
was not eligible for
e she is requesting.
Based
Major, U.S.
Head,
Marine Corps
Enlisted Promotion Section
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