DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
LCC:ddj
Docket No: 8845-97
23 March 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 23 March 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 BUPERS memorandum 1430 SER
which is attached.
852/040 of 2 February 1999, a copy of
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
In this regard, it is important
evidence or other matter not previously considered by the Board.
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
DEPARTMENT OF THE NAVY
WAW PERSONNEL COMMAND
INTEORITY DRIVE
HILLIWDTON TN 3805 5-0000
5720
143 0
Ser
2 Feb 99
852/040
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS (BCNR)
Via:
Assistant for BCNR Matters (PERS-OOXCB)
Subj:
CASE OF
Ref:
(a) BUPERSINST
1430.16C
Encl:
(1) BCNR file
#08845-98
Per reference (a), withdrawal of an advancement
1.
recommendation is the prerogative of the commanding officer
whether or not the recommendation was made by the member's
present commanding officer.
withdraw a recommendation for advancement when a member is
determined to no longer be qualified for advancement to the next
higher rate.
A commanding officer may at anytime
2.
rig
Officer First Class.
ommanding officer was well within his
mendation for advancement to Petty
Therefore, no relief is recommended.
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