DEPARTMENTOFTHE NAV
Y
FOR CORRECTION OF NAVAL RECORDS
BOARD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP: ddj
Docket No:
15 January 2002
8112-01
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 15 January 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
applicable statutes, regulations and policies.
opinion furnished by CNO memorandum 7220 Ser N
copy of which is attached.
In addition, the Board considered the advisory
13OC3/0 1 U 1392 of 11 December 2001, a
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
OFFICE OF THE CHIEF OF
DEPARTMENTOFTHE NAV
2000 NAVY PENTAGON
Y
NAVAL OPERATIONS
WASHINGTON, D.C. 20350-2000
7220
Ser
11
Dee
2001
N130C3/
OlU1392
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF
NAdAL RECORDS
Via:
Subj:
Ref:
Encl:
Assistant for BCNR Matters,
Pers-OOXCB
81/00
(a) Military Pay Advisory (MPA)
(b) DOD Directive 1327.5 of 24 Sep 85
(1) BCNR Case File
Record
#08112-01 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure
(1) is provided.
3
i.
Enclosure (1) indicates a request for reinstatement of 3.5
days and 9 days leave lost at the end of FY's-99 and 00 due to
being on a very high deployment
Naval Special Warfare Unit ONE (NSWU-1).
schedule while assigned to
Defense Joint Military Pay System-Active component
3.
AC) uses the Last-In-First-Out (LIFO) rule to determine what
IAW reference
leave is charged when a member takes leave.
(a) DFAS-Cleveland received a ruling that LIFO is the correct
method.
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.
(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
leave utilization.
in defense of national security must have caused the
situation preventing the service
requirements prohibit normal
A national emergency/crisis or operation
members from using leave.
may accumulate up to 90 days of
Subj:
5.
refe
the petitioner's request for reinstatement of 3.5 days and 9
days leave lost at the end of
N130C recommends disapproval of
ituations are
efore,
not, in appliance with
Assistant
Bead, Pay and
Allowances Section
(N130C)
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