DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 1398-01
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 85/342
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 85/342 25 Apr
01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS-OOXCB)
Subj: COMMENTS AND RECOMMENDATIONS IN THE CASE OF
Ref: (a) BUPERSINST 1430.16D
End: (1) BCNR file #01398—01
1. Based on policy and guidelines established in reference (a),
enclosure (1) is returned recommending disapproval.
2. Petty Officer was selected for advancement to DC2 with an
effective da e of 16 November 1995. He was released from active duty
on 3 August 1995, prior to his advancement date. His DD-214 is
correct. No relief is recommended regarding his petition.
by airection
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