DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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 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, sitting in executive session, considered your application on 31 August 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 7200 RFF of 16 August 2021; a copy of which was previously provided to you for comment. On 31 March 1997, you enlisted for 8 years in the U.S. Marine Corps Reserve. You completed a period of active duty from 24 March 2003 to 18 June 2003. On 8 July 2003, your leave and earnings statement (LES) for the period of 1 to 30 June 2003 showed a carried forward of -$1,094.38. On 2 April 2009, Defense Finance and Accounting Service (DFAS) required a payment of $738.31from you by 2 May 2009. This debt was due to payments received after you entered a no pay status on 18 June 2003, while on active duty. These payments are as follows: payment after discharge. On 3 April 2020, U.S. Department of the Treasury notified you that the U.S. Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service), applied all or aprt of your payment to delinquent debt that you owe. This action is authorized by federal law. Below is your payment information: Original Payment: $485.00, and applied to this debt: $359.40. You requested that your debt be expunged; 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 and your debt is valid. When you were separated from active duty, manual intervention was required to halt your pay, and this did not take place prior to the cutoff date for end of month pay and allowance for June. As a result, you received unearned pay allowances from 19 to 30 June on 1 July 2003. When you were credited for 7.5 days of unused accrued leave, it was applied to your outstanding debt. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 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. 10/4/2021 Sincerely, Deputy Director