DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 8722-07
19 November 2008
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 13 November 2998. 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 an advisory
Opinion furnished by the Office of the Chief of Naval Operations,
a copy of which is enclosed, and your rebuttal thereto dated 29
September 2008.
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,
We. Year),
W. DEAN PFETF
Executive Dir
Fnelosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000 7220
EPLY REFER TO
w130C3/08U0517
21 Jul 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, Pers-00XCB
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Encl: (1) BCNR Case File #08722-07
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
2. Enclosure (1) indicates a request to be given credit for
active duty service as well as requesting full pay and allowances
for use/lose leave during Permanent Change of Station (PCS)
orders from USS KITTY HAWK (CV63) to PSD Pensacola, FL.
3. A review of the petitioner's Master Military Pay Account
(MMPA) revealed the petitioner had 76.5 day of accrued leave.
According to the petitioner he was not able to take any leave due
to the fact that he was in a forward deployed status. There is
no evidence to prove that the member was never able to take his
accrued leave. The member was only allowed to sell back 15 days
of accrued leave due to the fact that he had previously sold back
45 days. You are only allowed to sell back 60 days in a career
and the member exceeded that resulting in a loss of 76.5 days.
N130 does not have the authority to credit such active duty
service back to the member. ;
4. After careful review of all the information brought forward,
N130C recommends BCNR disapprove petitioners request for full pay
and allowances for use/lose leave.
& . Silva
py” Assistant, Pay and
3 Allowances Section (N130C3)
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