DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
LCC:lc
Docket No: 8670-98
25 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 25 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.
In addition, the Board considered the advisory
opinion furnished by NPC memorandum 5420 NPC-862 of 23 April 1999, 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. 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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
.
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
INTEDRITY DRIVE
MILLINDTON TN
38055-0000
5720
5420
NET-862
APR 23
1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
Via:
Subj:
Ref:
Assistant for BCNR Matters (NPC-OOZCB)
COMMENDATI
, USNR-R,
ASE OF
DC3(SEL)
(a) Assistant for BCNR Matters 5420 (NPC-OOZCB) Memo of
31 Mar 99
(b) BUPERSINST
1430.16D
Encl:
(1) BCNR File
#08670-98 w/Microfiche
Per reference (a),
1.
are submitted concerning Petty Office
the following comments and recommendations
case.
Additionally,
Petty Officer
petition offers no evidence to support
e opportunity to participate in his
2.
the claim he was
examination.
examinations for personnel who are inadvertently denied the
opportunity to participate in a regular scheduled examination due
to operational commitment or administrative oversight.
provisions clearly apply to this case and BCNR action to change
the effective date of rate would be inappropriate.
reference (b) provides for substitute
These
In view of the above, we
3.
petition be denied.
recommend Pett
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