DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
WASHINGTON DC 20370-5100
SRB
Docket No. 132-04
16 March 2005
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 15 March
2005. 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. In addition, the Board considered
the advisory opinion furnished by CNO, memorandum 7220 Ser
N130C4/05U0077 dated 31 January 2005 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. In this regard, it
is important to keep in mind that a presumption of regularity attaches
to all official records. Consequently, 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.
Sincerely,
Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON. D.C. 20350-2000
IN REPLY REFER
TO
7220
Ser
N130C4/05u0077
31 Jan 05
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, Pers-OOXCB
Subj: REQUEST FOR COMIYIENTS AND RECOMMENDATIONS ICO
Ref: (a) SECNAVINST 1050.5C
End: (1) BCNR Case File #00132-05
1. Per your request, the following recommendation concerning enclosure
(1) is provided.
2. Enclosure (1) indicates a request for reinstatement of 3 days leave
lost at the end of FY-04.
3. Defense Joint Military Pay System-Active component (DJMSAC) uses the
Last-In-First-Out (LIFO) rule to determine what leave is charged when a
member uses leave. lAW reference (a) DFAS-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.
4. A review of the petitioner’s Master Military Pay Account (MMPA)
revealed, at the end of FY-02 she had a Special Leave Accrual (SLA) balance
of 67.5 days, which would expire at the end of FY-05. Petitioner was charge
leave 25 Nov 02 to 18 Dec 02 a total of 24 days which reduced her leave
balance below her SLA balance of 67.5. Therefore she no longer has an
entitlement to SLA. The days the petitioner lost were annotated on her
Leave and Earnings Statement (LES) in the Use/Lose block.
5. N13OC recommends disapproval of the petitioner’s request for
reinstatement of 3 days leave lost at the end of FY 04.
Assistant Head Pay and
Allowances Section (N130C4)
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