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Decision Text

NAVY | BCNR | CY1999 | 01195-98
Original file (01195-98.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203704100

JSN

HD: hd
Docket No: 0119598
24 May 1999

Dear Chief Warrant

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 20 May 1999. 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.
opinion furnished by the Bureau of Naval Personnel dated 23 March 1998, a copy of which is
attached.

In addition, the Board considered the advisory

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 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
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
BUREAU OF NAVAL PERSONNEL
WASHINGTON. D.C. 20370-5000

IN REPLY REFER TO

5420
Ser 
,

 

26/055
,, 
,._.,

.’

MEMORANDUM FOR BCNR

Via: 

BUPERS/ BCNR Coordinator

Subj:

Encl: (1) BCNR File

1. Enclosure (1) is returned recommending disapproval of
to backdate her date of rank to 1 November 1994.

uest

2. The President approved the nomination of warrant officers recommended by the
FY95 Chief Warrant Officer (W3) Promotion Selection Board on 15 December 1994. By
statute, the earliest date of rank an officer can have is the date of Presidential approval.
two

te of rank for (W3) of 15 December 1994 is correct.

3. Recommend disapproval of her request to backdate her date of rank.

BCNR Liaison, Officer Promotions
and Enlisted Advancements Division



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