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NAVY | BCNR | CY2004 | 10006-04
Original file (10006-04.doc) Auto-classification: Denied



                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS

                        2 NAVY ANNEX

                        WASHINGTON DC 20370-5100



            SRB
            Docket No.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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