DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3789-19 Ref: Signature Date 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. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 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 Chief of Naval Personnel memorandum 7220 Ser N130C3/20U0353 of 12 March 2020; a copy of which was previously provided to you for comment. On 29 January 2016, you were released from active duty and transferred to the Navy Reserve, and you were charged 50 days leave (11 December 2015 to 29 January 2016) while on terminal leave. Additionally, your leave balance upon separation was 41.5 days. On 8 April 2016, Defense Finance and Accounting Service-IN/Debt and Claims notified you of your negative leave balance of 8.5 days, and the overpayment of military pay and allowances ($2,315.61). You requested that your debt to the government be reviewed and waived; 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 you did not accrue enough leave in order to cover the leave you took. Furthermore, pertaining to Career Sea Pay and Career Sea Pay Premium DoD FMR Volume 7A, Chapter 18 states that when an eligible member on sea duty is detached from permanent duty defined as sea duty, then career sea pay terminates on date of detachment provided member is otherwise entitled on that date. The Board concluded that you are not entitled to Career Sea Pay while on terminal leave. The Board recommended that you submit a remission request to . In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 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,