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

SRB
Docket No. 3722-06
1 Nov 06

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 31 October 2006. 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 HQMC memorandum 1070 MIO of 23 August 2006, 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

	W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

1070
MIO
AUG 23 2O02

MEMORANDUM FOP. EXECUTIVE DIRECTOR, BOARD FOP. CORRECTION OF
NAVAL RECORDS

Subj:

End; (1) Copy of NAVMC 118(3), Chronological Record (3 pages)

1.	Former XXXXX application with supporting docuinentation concerning her request for correction to her leave status to show that no leave was taken during the period April 1999 through May 1999 has been reviewed. DFAS-Denver Center has claimed Former Private XXXX had used 20 day of leave, which resu1ted in 14.5 days of excess leave plus a penalty of 1.5 days of Leave However, DFAS was unsure if it was in 1997 or 1999.

2.	Marines use leave and it is reported in two ways. Marines request leave to take time off from daily routine that is reported by the Marine’s administrative center, and leave taken when a Marina is reassigned to new permanent duty station. Former Private XXXX was reassigned on 990330 and she transferred to 2d FSSG for duty. Former Private XXXX was a Sergeant and she was authorized 4 days of proceed when transferred, took 3 days for travel time, and used 20 days of leave before she reported to her new duty assignment on 990428 per the enclosure. She submitted her travel voucher to the local finance office to liquidate her entitlements and the 20 days leave was recorded to her service records at that time.

3.	It appears that former Private did use 20 days of leave which resulted in l4.5 days of advance leave.   However, instead of earning leave to remove the advance leave balance, former Private was absent without leave as of 990706 and did not return to her parent unit until 991102. Subsequently, she was absent without leave again from 991108 to 011120. In view of the above, it is recommended that the board for Correction of Naval Records disapprove Former Private request for correction to her leave status to show that no leave was taken during the period April 1999 through May 1999.   The enclosure is forwarded for information. Point of contact is