DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX SRB
WASHINGTON DC 20370-5100 Docket No. 8935—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-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 CNO
memorandum 7220 Ser N130C4/0U0831 dated 23 November 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
72
~4(~EPLY
REFER TO
Ser
N130C4/0U0
831
23 Nov 04
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS OF NAVAL
RECORDS
Via: Assistant for BCNR Matters, Pers-OOXCB
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref: (a) U.S.C., Title 37, 501
End: (1) BCNR Case File #08935-04
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
2. Enclosure (1) indicates a request for payment of 58.5 days lump
sum leave (LSL) during the petitioner’s separation (Fleet Reserve) on
30 Sep 03.
3. A review of the petitioner’s Master Military Pay Account (NMPA)
revealed that she has sold back a total of 60 days during her military
career. The maximum LSL a member can sell back during a career is 60
days lAW reference (a) -
4. N13OC recommends disapproval of the petitioner’s request for
payment 60 days LSL.
Assistant Head, Pay and
Allowances Section (N130C4)
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