DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
2
NAVY
OFNAVAL RECORDS
ANNEX
WASHINGTON DC 20370-5100
JLP: ecb
Docket No:
28 October 2003
5447-03
Dear
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 28 October 2003.
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
copy of which is attached.
In addition, the Board considered the advisory
N130C3/03U0638 dated 5 September 2003, 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,
Executive Direct
Enclosure
IN
REPLY REFER TO.
7220
Ser
5 Sep 2003
N130C3/03U0638
DEPARTMENTOFTHENA
W
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON,D.C.
20350-2000
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
Ref:
Encl:
ONS ICO
(a) DODFMR, Volume
(b) Military Pay Advisory (MPA)
7A, Chapter 35, Feb 02
81/00
(1) BCNR Case File
Record
#05447-03 w/Microfiche Service
1. Per your request,
enclosure (1) is provided.
the following recommendation concerning
2. The petitioner is requesting authorization to sell back 46 days
leave upon his first 2 months extension of a six year reenlistment
contract agreement on 10 July 1998 to a new EAOS of 09 September
2004 and to reinstate 15.5 lost leave days.
3. A review of enclosure (1) revealed that he signed a 72 months
operative reenlistment contract with an 2 months extension to a
The petitioner signed a NAVPERS
new EAOS of 09 September 2004.
1070/613 electing to carry leave over to new/extended enlistment.
IAW reference (a) Table 35-4 Rule 2,
service who has been on active duty for 30 days or more
consecutive days and voluntarily first extends his/her enlistment
regardless of duration of extension and continues on active duty
in an extension period then accrued leave is payable on the day
before effective date of his/her extension.
members of any military
4. Defense Joint Military Pay System-Active component (DJMS-AC)
uses the Last-In-First-Out (LIFO) rule to determine what leave is
DFAS-
charged when a member uses leave.
Cleveland received a ruling that LIFO is the correct method and
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.
IAW reference
(b)
Subj:
N130C recommends disapproval of the petitioner's request to
5.
sell back 46 days LSL and to reinstated 15.5 lost leave days IAW
references (a) and (b).
Assistant Head, Pay and
Allowances Section
(N130C)
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