DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                         2 NAVY ANNEX
				            WASHINGTON DC 20370-5100

LCC
Docket No. 2301-06
12 Apr 07

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2007. 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, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum 1430 Ser 48llE9/l28, 9 March 2007, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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 and material evidence or other matter not previously considered by the Board. In this regard, it is also 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,

W.	DEAN PFEIFFER
Executive Director

Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055

                                     1430
                                                                              Ser 481159/128
                                                                              9 Mar 07

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Ref:	(a) BUPERSINST 1430.16E
(b)	BUPERSINST 1900.8

End:	(1) BCNR file # 02301-06
(2)	E-mail from~(NETPDTC) dtd 23 Jan 2007

1.	Based on policy and guidelines established in reference (a) , enclosure (1) is returned with the following comments.

2.               is requesting his retired paygrade be corrected on his DD 214 to El/E6 vice P02/ES.

3.	Per reference (b), Para 3 (d and e) the DD 214 must state the actual rank/rate and paygrade not frocked. lAW enclosure (2), the member would have been advanced to DP1/E6 16 October 1996, however, it was after the member transferred to the Fleet Reserve 01 October 1996. Therefore, it is not recommended for the member DD 214 to reflect DP1/E6 vice DP2/E5.

4.	This is an advisory memorandum for the use by the Board for correction of Naval Records (BCNR) only. Point of contact is PSCS(SW/AW) Milton Lewis, DSN 882-3238 or E-mail milton.lewis@navy.mil.