DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MC USN
HD: hd
Docket No: 0551240
17 August 2001
Dear Corn
.
.
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.
You requested immediate promotion to commander and impliedly requested removing your
failures of selection by the Fiscal Year 01 and 02 Staff Commander Selection Boards. Your
request for promotion to commander was not considered, as you have not been selected to
that grade by a duly constituted officer promotion selection board.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 August 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 the Navy Personnel Command dated
17 October 2000, 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 in finding your failures of selection for promotion should stand.
They were unable to find that your wife’s allegations against you were a factor in your not
having been selected for a residency position. In view of the above, 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
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17
MEMORANDUM FOR BCNR
Via :
BUPERS/BCNR Coordinator
Subj
, MC, US
Encl:
( 1 ) BCNR File
Enclosure (1) is returned,
recommending disapproval of
est for immediate promotion to the rank of
1 .
LC
Commander.
is without merit. His record was
equest
e FY-01 Active Staff Commander Medical Corps
2.
re
Promotion Selection Board as an in-zone officer and he was not
selected.
The board had the official record on which to base
their decisions.
The record provided a substantially accurate,
complete,
information to make
deliberations are secret,
cannot be determined.
and fair portrayal of his career and sufficient
promot'ion decisions. Since board
the exact reason he failed to select
3.
Recommend disapproval of his request.
BCNR Liaison, Officer Promotions and
Enlisted Advancements Division
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