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NAVY | BCNR | CY2002 | 10496-02
Original file (10496-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100
        

JLP:ddj
Docket No: 10496-02
27 March 2003
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:
         REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachments
(2)      CNO memorandum 7220 Ser N13OC/03U0135 of 6 March 2003
(3)      Subject’s naval record

1.       Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show show that his leave balance as of 1 October 2002 be adjusted to reflect an additional 13 days of accrued leave.

2.       The Board, consisting of Messrs. Zsalman, Pfeiffer, and Morgan, reviewed Petitioner’s allegations of error and injustice on 19 March 2003 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

b.       In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.

Docket No: 10496-02

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that his leave balance as of 1 October 2002 be adjusted to reflect an additional 13 days of accrued leave, the 13 days of leave should not have been lost at the end of FY-02 because he qualified to accrue up to 90 days based on his ships operational requirement.

a.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

4.       Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        G. L. ADAMS
Recorder         Acting Recorder

5.       Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.


27 March 2003

                                                                        W. DEAN PFEIFFER
                                                                        Executive Director

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