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

WJH
Docket No. 6119-07
17 December 07

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 17 December 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 an advisory opinion furnished by PSD Balboa letter 5400 Ser 00/049 of 14 September 2007 and the PSA West First Endorsement to that advisory opinion 5400 Ser N00/316 of 25 September 07 copies of which are attached. The Board also considered the decisions by the Defense Finance and Accounting Service (DFAS) and the Defense Office of Hearings and Appeals (DOHA) to deny your waiver request. Their decisions, which you already have, were announced by letter dated 25 May 2006 and 7 February 2007.

The Board gave full consideration to the evidence you submitted and points of view you expressed. in your application and supporting documents. However, after careful and conscientious consideration of the entire record, a majority of 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 provided in the advisory opinion and the rationale provided by the DFAS and DOHA in denying your waiver request. Accordingly,

Docket No. 6119-07

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 also 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

Enclosures

					DEPARTMENT OF THE NAVY
					PERSONNEL SUPPORT ACTIVITY WEST
					       937 NORTH HARBOR DRIVE
					  SAN DIEGO, CALIFORNIA 92132-0076

From:	Commanding Officer, Personnel Support Activity West
To:	Executive Director, Board for Correction of Naval Records

Subj:	REQUEST FOR ADVISORY OPINION ICO

1.	Forwarded, strongly concurring with PSD  recornmendation  that member needs to satisfy her financial obligation and repay this valid debt.

Copy to:
PERSUPP DET