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NAVY | BCNR | CY2001 | 01153-01
Original file (01153-01.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                       BOARD FOR CORRECTION OF NAVAL RECORDS
                             2 NAVY ANNEX
                                                        WASHINGTON DC 20370-
5100


                                                   LCC:ddj
                                                   Docket No: 1153-01
                                                   22 May 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 22 May
    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 1430 SER 85/343 of
    25 April 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 TN 38055-0000
                                                              1430
                                                              Ser 857343
                                                              25 Apr 01



      MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
                          RECORDS (BCNR)

      Via:  Assistant for BCNR Matters (PERS-OOXCB)

      Subj: COMMENTS AND REC ~N~NDATIONS IN THE CASE OF


      Ref:  (a) BUPERSINST 1430.1OD

      End:  (1) BCNR file #01153—01

      1.    Based on policy and guidelines established in reference (a),
      enclosure (1) is returned recommending disapproval.

                          records have been review. Although it can be
      determined that he did participate for advancement January 1951, there
      is no record of his actually having been selected for advancement.




                                       By direction

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