DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 03514-98
24 May 1999
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.
of’Naval Records, sitting in executive
A three-member panel of the Board for Correction
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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by the Bureau of naval Personnel dated 10 June 1998, a copy of which is
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 opinion. Further, the Board was unable to find you should have been
considered by an earlier lieutenant commander spot promotion selection board. In view of
the above, 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/l 10
JUN
'l 0
1998
MEMORANDUM FOR BCNR
Via: BUPERS/BCNR Coordinator
Encl: (1) BCNR File
1. Enclosure (1) is returned recommending disapproval
backdate his date of rank.
s request to
was selected by the Fourth Quarter FY97 Lieutenant Commander Spot
2.
Promotion Selection Board. The nomination for that board was confirmed by the
Senate on 2 March 1998.
promotion will be appointed to the grade of LCDR effective on the date they report to
the qualifying billet or the date of Senate confirmation, which ever is later. He has no
entitlement to a back-date, furthermore, the instruction does not authorize retroactive
appointments or
confirmation.
backpay, therefore, his date of rank will be the date of Senate
SECNAVINST
1421.3H directs that officers selected for spot
3. Recommend disapproval of
request.
and Enlisted Advancements Division
cer Promotions
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