Docket No. 7496-20

Ref: Signature Date 
 
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 27 July 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 Chief of Naval Personnel memorandum 7220 Ser N130C1/20U1890 of 17 December 2020 and your response to the opinion. 
 
On 1 October 2019, you carried forward 60 days of accrued leave.  You earned an additional 25 days for a total accrued leave balance of 85 days.  On 31 July 2020, you retired from the U.S. Navy, and you sold 60 days of accrued leave and lost 25 days of accrued leave. 
 
You requested payment for 25 days of accrued leave that you lost when you retired; 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 the Department of Defense 7000.14R FMR Volume 7A, Chapter 35 states that a service member is entitled to receive payment for no more than 60 days of accrued leave during a military career.  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, 
     

8/19/21


Deputy Director