Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 20 April 2021.  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 7220 MPO of 3 June 2020 and your response to the opinion. 
 
On 19 September 2019, you were issued release from active duty and transfer to the Fleet marine Corps Reserve (FMCR) orders effective 0800 on 29 September 2019.  You were authorized 20 days of transition PTAD, and 74 days of annual leave awaiting release from active duty at 2359, 31 December 2019.  On 18 March 2020, Director, Installation Personnel Administration Center notified Director, DFAS-IN, Indianapolis, IN recommended that the request for waiver of debit due to excess leave be granted in the full amount of $2249.86.  On 31 December 2019, you transferred to the Fleet Marine Corps Reserve.   
 
You requested to be granted $2249.86 for lost leave and checkage for excess leave used at the time of retirement; 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 your record is correct.  From 29 September 2019 to 30 September 2019 you used 2.0 days of PTAD.  On 1 October 2019, you lost 6.0 days.  From 1 October 2019 to 18 October 2019 you used 18.0 days of PTAD.  From 19 October 2019 to 24 December 2019 you used 66.5 days of LWAS (terminal leave).  From 24 December 2019 to 31 December 2019 you used 7.5 days excess leave.  
 
In accordance with DoD 7000.14-R FMR Volume 7A, Chapters 1 and 35, members on excess leave are not entitled to pay and allowances.  When the complete period of leave is granted as excess leave, pay and allowance accrual will be stopped beginning with the first day of leave.  Furthermore, a member may not carry forward a leave balance of more than 60 days into a new fiscal year, except during the period October 1, 2008 through September 30, 2015, when 75 days may be carried forward or when entitled to Special Leave Accrual (SLA).  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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, 
5/20/2021
Deputy Director