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NAVY | BCNR | CY2006 | 09832-06
Original file (09832-06.rtf) Auto-classification: Denied
         DEPARTMENT OFTHE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
         WASHINGTON DC 20370-5100



 DJC
 Docket No. 9832-06
28 March 2007


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 27 March 2007. 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 OCNO Memo 7220 N130c4/06U0706 dtd 7 Dec 06, 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. Under the regulations governing Special Leave Accrual (5LA), the maximum amount of leave that may be carried forward into succeeding fiscal years is the leave balance (not to exceed 90 days) as of the end of the SLA period. However, the maximum amount is reduced to a new level whenever the leave balance drops below the previously set level. If at any time the leave balance drops to or goes below 60 days, there is no longer any SLA protected leave. Therefore, the actual maximum balance that can be carried forward into succeeding fiscal years is the lowest leave balance achieved following the completion of the SLA duty or the usual 60 days, whichever is greater. Your SLA leave was computed correctly, in conformance with the governing regulations and in the same manner as service members of each branch of armed services. 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


 7220
 N130C4/06U0706
 7Dec06

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS


 Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:    REQUEST FOR C OMMENTS AND RECO MM ENDATIONS ICO
Ref:     (a) NAVADMIN 173/06
 (b) DJMS procedures Training Guide
End:     (1) BCNR Case File #09832-06
1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request for reinstatement of 5.5 days of leave the petitioner lost at the end of FY-06.
3.       A review of the petitioner’s Master Military Pay Account (NMPA) revealed that 15.5 days were lost at the end of FY-06. The petitioner states that 5.5 days should be reinstated due to the petitioner’s misunderstanding of Navy and Defense Finance and Accounting (DFAS) leave policies.
4.       The petitioner was retroactively authorized 13.0 days leave under Special Leave Accrual (SLA) for FY-05 lAW reference (a). As a result, the petitioner’s carried forward leave balance on 1 Oct 05 was 73.0 days. The petitioner subsequently took leave 23 Nov 05 to 26 Nov 05 (4 days), and 23 Dec 05 to 31 Dec 05 (9 days) which changed her SLA balance to 67.5. The petitioner’s leave was handled correctly lAW reference (b), chapter 2.
5.       N13OC recommends disapproval the petitioner’s request for reinstatement of 5.5 days back to her leave account.


G.       A. PFARR
 Assistant Head, Pay and
Allowances Section (N130C4)
For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil or criminal penalties.

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