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

		LCC
					    Docket No. 2533-07 
					    26 Jun 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 26 June 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 48llE9/264, 18 May 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. The Board also checked with the Exam Center, Pensacola, FL and they do not have any record of the Petitioner taking the E-5 Exam. 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.

		W. DEAN PFEIFFER
						Executive Director

Enclosure

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

				1430
											Ser 4811E9/264
											18 Nay 07

MEMORANDUM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

Subj: COMMENTS AND RECOMMENDATIONS IN THE CASE

Ref: (a) BUPERSINST l430.l6E

End:	(1) BCNR file # 02533—07

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

2.  records have been reviewed and stipulated and there is no indication that  was actually advanced to Mess Management Specialist Second Class prior to his retirement date from active duty. Unfortunately, an approval recommendation cannot be rendered regarding this petition.

3. This is an advisory memorandum for the use by the Board for correction of Naval Records (BCNR) only. Point of contact is

By direction