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NAVY | BCNR | CY2005 | 00375-05
Original file (00375-05.doc) Auto-classification: Denied


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



            SRB
            Docket No. 375-05
            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-memler 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 CNO memorandum 7220 N130C4/05U0134
      dated 28 February 2005, 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
                                                              N130C4/05U0134


                                                              28 Feb 05

         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
      (b)   Email between DK1 (SW/AW    and DFAS-Cleveland
      (Mr.  )

      End:  (1) BCNR Case File #00375-05

      1.    Per your request, the following recommendation concerning
      enclosure (1) is provided.

      2.    The petitioner is requesting the removal of 14.5 days leave sold
      on her pay account and a restoration of 14.5 days to her leave
      balance. Petitioner states no leave was sold.

      3.    After careful review of the petitioner’s Master Military Pay
      Account (MMPA), it clearly states that the petitioner sold 14.5 days
      of leave. Per reference (b), the petitioner sold back 4.5
      days on 27 Sep 93, and 10.0 days on 27 Sep 96.

      4.    N13OC recommends disapproval of the petitioner’s request for
      restoration of 14.5 days of leave to - balance.




                                            Assistant Head, Pay and
                                           Allowances Section (N130C4)

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