DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 422-19 
Ref: Signature Date 


Dear

This is in reference to your application of 28 November 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 15 November 2019.  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.
 
You requested Involuntary Separation Pay (ISP) based on the correction made to your DD Form 214 effective December 13, 2015 and payment for your remaining leave balance.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions, that you were entitled to ISP and that you did not receive payment for your remaining leave balance upon separation.  However, the Board concluded that per Navy regulation OPNAVINST 1900.4 w/ch2, regular enlisted member must have completed six (6) years of active duty service prior to separation to be entitled to ISP.  The Board also concluded that according to your Master Military Pay Account (MMPA), you received payment for 37.5 days of remaining leave balance on your separation date of December 13, 2015.
 
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 the 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,