Docket No. 8804-19
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.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 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 N130C4/20U0066 of 22 January 2020. 
 
In accordance with the Master Military Pay Account (MMPA), from 1 October 2018 to 31 July 2019, 53 days leave were brought forward, and you earned 25 days for a total of 78 days; however, you used 84 days (from 17 June 2019 to 31 July 2019 (45 days), from 16 May 2019 to 27 May 2019 (12 days), from 22 April 2019 to 26 April 2019 (5 days), from 25 March 2019 to 29 March 2019 (5 days), from 11 February 2019 to 15 February 2019 (5 days), from 4 February 2019 to 8 February 2019 (5 days), from 28 December 2018 to 3 January 2019 (7 days)).  This left you with a total of -5.5, and .5 days not accrued.  On 31 July 2019, you retired from the U.S. Navy.  
 
You requested that your leave balance reflect your accurate final leave balance as of 31 July 2019; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that in accordance with your July 2019 Leave and Earning Statement you used 78 days; however, in accordance with the MMPA, you used 84 days.  In this connection, the Board did not agree with the comments contained in the advisory opinion. 
  
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,