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NAVY | BCNR | CY2001 | 00092-01
Original file (00092-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LCC:ddj

Docket No: 92-01
12 June 2001

 

 

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 12 June 2001. 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 5420 PERS 862 of 7 March 2001, 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. 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 TH 38055-0000

 

   
 

5420
PERS-862
7 Mar OL

MEMORNADUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: Assistant for BCNR Matters, PERS-00ZCB

Subj: COMMENTS AND RECOMMENDATION:

Ref: (a) Your memo 5420 Pers-00ZCB of 9 Feb O01

Encl: (1) BCNR File 00092-01 w/Service Record

‘li Per reference (a) we have reviewed enclosure (1) and the following

comments and recommendations are provided:

a. Petty Officer giggqggimmdipiliame: cequest for advancement subsequent
to his recall to active duty in the Enlisted TAR Program was reviewed

and disapproved due to manning in the TAR Aircrew Survival
Equipmentman (PR) rating. It should be noted that only one quota was
authorized for advancement to PR1 for the September 1999 advancement
cycle. Approval in this case would have been unfair to those who took
the exam but were not advanced due to quota limitations.

b. Petty Officer Sap@mMMBMMM® statements concerning the events
leading up to this disapproval are without substantiation. However,
conceding his statements might in the future be verified, and an
injustice proven, we have recomputed the final multiple from the
examination he completed as if he were competing for TAR advancement
to PR1. His recomputed final multiple as a TAR is 198.50. The final
multiple required for TAR advancement to PR1 is 208.58. The primary
reason his final multiple under active duty computation is lower is
because he has less creditable active duty length of service and
service in paygrade. Reserve service is not creditable in the active
duty final multiple computation.

 

2. In view of the above, this office cannot support Petty Officer
ee advancement to PR1 under any circumstances. Accordingly,
we recommend his petition be denied. cee Bh a

 
   

‘direction

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