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NAVY | BCNR | CY2001 | 05081-00
Original file (05081-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

HD: hd
Docket No: 05081-00
29 June 2001

Dear Command

m

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 21 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinions furnished by the Chief of 
and the Navy Personnel Command dated 5 September 2000 and 22 March 2001, copies of
which are attached. The Board also considered your memorandum dated 24 May 2001.

Naval Operations (Aviation Officer Community Manager)

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 advisory opinions.
The statistical data you provided did not convince them that the Fiscal Year 01 Line
Commander Selection Board violated its precept.
been denied. The names and votes of the members of the panel will be furnished upon
request.

In view of the above, your application has

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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official

In this

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

,

Enclosures

05 September 2000

From:

To:

Subj:

Ref:

Officer Personnel Plans and Policy Branch, Aviation Officer
Community Manager  
Board for Correction of Naval Records Coordinator
(PERS-OOZCB)

(N131V)

FOR ADMINISTRATIVE OPINION
USN,

ICO LC
(BCNR CASE

(a) BCNR 

PACKA
CASE NUMEE

This administrative opinion provided at the request of

1.
BCNR Coordinator.
9,
to those selected above zone by the FY-01 Commander Selection
Board due to,
is a disproportionately large
number of above zone selects from the HSL community.

requests his record be reviewed in comparison

Per reference (a),

what he feels,

DD Form 149 blocks 8 and

2.
Precept guidance for the FY-01 Commander Selection Board
contains no direction for board members to favor any aircraft
sub-community over another.
direction to the contrary by stating, "promotion opportunity
percentage for the Unrestricted Line is applicable to the
Unrestricted Line competitive category as a whole; it has no
specific applicability to individual communities, designators,
or subspecialties within the Unrestricted Line."

it provides specific

In fact,

3.
Based on this precept guidance,
deals with specific selection board
confidential and cannot be addressed by this office.
all office
assume
by the
decision.

selection board and served as the basis for it's

considered for promotion, this office

s entire record was thoroughly evaluated

s allegation
, which are

As with

JEPARTMENT OF THE 
BUREAU OF NAVAL PERSONNEL

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

NAV\

5420
Pers 85
22 Mar 01

MEMORANDUM FOR BCNR

Via:

BUPERS/BCNR Coordinator

Subj:

LCDR

USN,

Ref:

N131V  Memo of 5 Sep 00

(a) 
(b) SECNAVINST 

1401.1B

Encl:

(1) BCNR File

Enclosure (1) is returned,

1.
recommending disapproval of

concurring with ref (a) and
BCNR request.

(b),

s request does not meet the criteria  

the governing instruction for Special Promotion

2.
by ref
Selection Boards.
Active Duty Commander Line Promotion Selection Board acted
that material error of fact or material
contrary to law,
administrative error occurred or that material information was
not considered by the promotion selection board.

The member offers no proof that the FY-01

setforth

The precept guidance for the FY-01 Active Duty Commander

3.
Line Promotion Selection Board specifically directs the board to
select officers that are best and fully qualified to meet the
needs of the Navy.
applied uniformly to all eligible officers whether below, in or
above the promotion zone.

it directs this standard shall be

Further,

s  allegation concerns

As stated in ref (a),

4.
specific selection board deliberations.
confidential and may not to be addressed unless approval is
granted by the Secretary of the Navy or higher authority.
member's record before the FY-01 Active Duty Commander Line
Promotion Selection Board was considered completed and presented
a substantially dccurat
Recommend disapproval o
selection board request.

rayal of his naval career.
s special promotion

These deliberations are

The

BCNR Liaison,
Officer Promotions
And Enlisted Advancements Division



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