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NAVY | BCNR | CY2004 | 06178-04
Original file (06178-04.doc) Auto-classification: Denied


                           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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