DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SRB
Docket No. 6178—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 CNQ memorandum 7220 N130C4/04U0703
dated 30 September 2004, a 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
N130C4 /04U0703
30 Sep 04
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, Pers-OOXCB
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref: (a) DODFMR, Volume 7A Chapter 35
End: (1) BCNR Case File #06178-04
1. Per your request, the following recommendation concerning enclosure
(1) is provided.
2. The petitioner is requesting that an error in the amount of leave
sold be corrected and his leave balance be adjusted.
3. A review of the petitioner’s Master Military Pay Account (NMPA)
indicates that he had sold back 46 days of leave prior to 28 Apr 00. A
review of enclosure (1) revealed the petitioner signed a 48 month operative
reenlistment contract on 28 Apr 00 and elected to receive a lump sum leave
(LSL) sell back of 14 days, bringing the petitioner’s total sell back to 60
days. Petitioner provides no documentation that his total of 60 days sold
leave is incorrect.
4. N13OC recommends disapproval the petitioner’s request to correct his
leave balance.
Assistant Head, Pay and
Allowances Section (N13OC)
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