Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps memorandum 7200 RFF of 28 August 2019; a copy of which was previously provided to you for comment. 
 
On 9 July 2004 and 8 July 2005, you received payments for a total of 8 days of accrued leave.  On 30 December 2018, you were discharged due to interdepartmental transfer, and your leave balance was 49.5 days.  On 31 December 2018, you were appointed a Major in the U.S. Air Force.   
 
You requested to be permitted to sell 49.5 days leave accrued prior to your discharge from the Marine Corps; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that in accordance with DoD 7000.14-R FMR Volume 7A, Chapter 35 states that an Officer of any military service, who has been on active duty for 30 or more consecutive days and is transferred to a different military service by separation and immediate reappointment and immediately enters on active duty with the other military service then accrued leave is not payable.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,