DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SRB
Docket No.10006—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 CNP memorandum 7220 Ser
N130C4/04U0895 dated, 20 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
CHIEF OF NAVAL PERSONNEL
WASHINGTON, D.C. 20370-5000
IN
REPLY REFER TO
7220
Ser
N130C4/04U0895
20 Dec 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
End: (1) BCNR Case File #10006-04
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
2. The petitioner is requesting for authorization to sell back
43.5 days leave at his discharge date of 7 Oct 04.
3. A review of the member’s Master Military Pay Account (NL4PA),
revealed he was discharged on 7 Oct 04, and was assigned separation
program designator (SPD) code of “JDA” (Fraudulent entry into military
service). lAW reference (a) Appendix D, SPD code “JDA” does not
authorize the payment of accrued leave.
4. N13OC recommends disapproval of the petitioner’s request to sell
back 43.5 days LSL upon his discharge on 7 Oct 04.
Assistant Head, Pay and
Allowances Section
(N13OC4)
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