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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037O-5100

HD hd
Docket No. 05140-06
1 March 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 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 opinions furnished by the Navy Personnel Command dated 9 September and 6 October 2006, copies of which are attached.

After careful and conscientious consideration of the entire record, 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 opinions. 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 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, he burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

Enclosures

					DEPARTMENT OF THE NAVY
                             NAVY PERSONNEL COMMAND
                                5720 INTEGRITY DRIVE
                                            MILLINGTON TN 38055-0000	

	                 	1610
	PERS-311
	9 September 2006

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Via:	PERS/BCNR Coordinator (PERS-3LC2)

Ref:	(a) BUPERS1NST 1610.10 (EVALMAN)

End:	(1) BCNR File 05 140-06 w/Service record

1.	Enclosure (1) is returned. The member requests the removal or upgrade of his evaluation report for the period of 16 March 2003 to 15 March 2004. Additionally, the member requests advancement to the next higher pay grade and that advancement to be back dated.

2.	Based on our review of the material provided, we find the following:

a.	A review of the member’s headquarters record revealed the report in question to be on file. It is signed by the member acknowledging the contents of the report and his right to submit a statement. The member’s statement and the reporting senior’s endorsement are both included in the member’s record.

b.	The fitness report covering the period of 16 March 2003 to 15 March 2004 is a Periodic/Regular report. The member alleges based on his decision to cross rate and extreme family problems he was unable to ESWS qualify in the prescribed time limit, which is 18 months.

c.	The report is a valid report.

d.	The member made application to cross rate to the GSM rating and was selected. The reporting senior’s first endorsement to the member’s statement adequately addressed his consideration of the circumstances surrounded by the member’s personal life and the member’s inability to qualify ESWS. The reporting senior affirmed in his endorsement of the statement that the contents of the report accurately reflected his view of the member’s performance.

e.	The reporting senior is charged with commenting on the performance or characteristics of each member under his/her command and determine what material will be included in a fitness report. The contents and grades assigned on a fitness report are at the discretion of the reporting senior.

f.	The member does not prove the report to be unjust or in error.

3.	We recommend the member’s record remain unchanged.

By direction

                      DEPARTMENT OF THE NAVY
		     NAVY PERSONNEL COMMAND
		       5720 INTEGRITY DRIVE
		     MILLINGTON TN 38055-0000

1430
Ser 4811E9/ 602
06 OCT 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:	COMMENTS AND RECOMMENDATIQNS IN THE

Ref: (a) BUPERSINST 1430.16E

End: (1) BCNR File #05140-06

1. Based on policy and guidelines established in reference (a), enclosure (1) is returned recommending disapproval.

2.     requesting backdated GSM1 advancement to match advancement that he could have achieved in the former NM rating.

3. Official record reviews indicated that member was approved for conversion from the NM rating to GSM rating under the Selective Conversion and Reenlistment (SCORE) program on 01 July 2001. Under this program, member attended GSM “A” School for conversion and graduated in 03 May 2002. The conversion was a voluntary under the SCORE incentive program.

4. The Minimum Multiple Required (MMR) for advancement is different from each rating. Have the member stayed in his former rating he could have advanced by now. That can not be determined just by comparing NMR since this multiple is established based on available quotas. Member submitted and accepted for conversion to the GSM rating based on his own decision.

5. 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 email milton. lewis@navy.mil.

										 (Pers-481)
                                                            By direction