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

DJC
Docket No. 7539-06
	7 February 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 6 February 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 N130C4/07U00l6 dated 10 Jan 07, 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.

Enclosure

		                  DEPARTMENT OF THE NAVY
					OFFICE OF THE CHIEF OF NAVAL OPERATIONS 
                                                                                               2000NAVY PENTAGON
                                            WASHINGTON, D.C. 20350-2000

7220
N130C4/07U0016
10 Jan 07

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

Via:	Assistant for BCNR Matters, Pers-OOXCB

REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

Ref:	(a) DODFMR, Volume 7A, Chapter 01

End:	(1) BCNR Case File #07539-06/CD-Rom Service Record

1.	Per your request, the following recommendation concerning enclosure (1) is provided.

1.	The petitioner indicates in enclosure (1) that excess leave was charged in error due to an extension on file.

2.	A review of enclosure (1) reveals that the petitioner’s Expiration Term of Service (ETS) date was prior to his reenlistment of 14 Sep 06. The petitioner agreed on 01 Jul 03 to extend his enlistment by 18 months, which would become effective 14 Sep 06. The petitioner’s maximum amount of leave he could have earned for his reenlistment was negative one day, meaning any leave taken by the member would be in excess IAW reference (a) paragraph 010301.D.2.

3.	N130 recommends disapproval of the petitioner’s request for correction to his account being charged excess leave.

Assistant Head, Pay and
Allowances Section (N130C4)

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