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NAVY | BCNR | CY2004 | 09297-04
Original file (09297-04.doc) Auto-classification: Denied



                           DEPARTMENT OF THE NAVY
                            BOARD FOR CORRECTION OF NAVAL RECORDS
      2NAVYANNEX
      WASHINGTON DC 20370-5100



                                                SRB
                                                Docket No. 92797-04
                                               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 CMC memorandum RFF-F10 7200 dated
      21 December 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
                   HEADQUARTERS UNITED STATES MARINE CORPS
                     3000 MARINE CORPS PENTAGON
      WASHINGTON, DC 20350-3000                                         IN
REPLY REFER TO


                                                                    RFF-F10

                                                               7200



EThIC 2 1 2004 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
MEMORANDUM FOR THE EXECUTIVE DIRECTOR , BOARD  FOR  CORRECTION
                         OF NAVAL RECORDS

      Subj: BCNR APPLICATION IN THE CASE OF

     1. We have been requested to provide an advisory opinion on
     application requesting payment of accrued leave prior to his General
     Courts Martial.

      2.    Review of  pay account and courts martial
     order shows that he was detained in pre-trial confinement, eliminating
     the ember’s ability to take leave prior to being sentenced to ion term
     confinement. This pre-triai confinement
     being a potential threat to the community or a fight risk. Current
     regulations do not allow him to sell accr ed leave in this particular
     circumstance, therefore, we ca not recommend favorable consideration of
     his request.

     3.     Point of con act for this advisory opinion is Master
      Sergeant   a

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