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

BAN
Docket No. 00005-08
24 March 2008

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 March 24, 2008. 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 memo 1430 Ser 811/208 of 29 Feb 08, 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 38055-0000

				1430
											Ser 811/208
											29 Feb 08

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via:	PERS-31C

Subj:	BCNR PETITION ICO 

Ref:	(a) SNN’s DD Form 149 dtd 9 Aug 07
		 (b) BUPERSINST 1430.16E

Encl:	(1) BCNR File

1.	In response to reference (a), recommend disapproval to the petitioner’s request.

2.	The petitioner is requesting validation of her March 2005 Cycle 187 Navy-Wide Advancement Examination.

3.	Upon verification with the Naval Education and Training Professional Development and Technology Center (NETPDTC), it was discovered that the petitioner’s previous command Fleet Area Control and Surveillance Facility (FACSFAC) San Diego, CA did not identify her as an Early Promote (EP) Time-in-Rate (TIR) waiver for advancement Cycle 187.

4.	In accordance with reference (b), personnel who are authorized EP TIR waivers should be identified in the transmittal letter to NETPDTC when the answer sheets are forwarded for grading. Failure to identify an eligible member results in invalidation of the examination because of insufficient TIR. An EP TIR waiver is granted at the discretion of the CO/OIC and is not considered automatic for every Sailor who could qualify.

5.	In view of the above, recommend the petitioner’s record remains as is.

6. This is an advisory memorandum to reference (a) for the use by the Board for correction of Naval Records (BCNR) only. Enclosure (1) is returned.

Division Director
Enlisted Career Progression