DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 08398-00
15 June 2001
§ CHC USNR
Dear Commanc fiat
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 7 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 their file on
your prior case, docket no. 4769-96, and the advisory opinion furnished by the Navy
Personnel Command dated 15 March 2001, a copy of which is attached. The Board also
considered your letter dated 24 May 2001.
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.
The Board found that your failure by the Fiscal Year (FY) 98 Staff Lieutenant Commander
Selection Board should stand. In this regard, they were unable to find that your record
before that promotion board included any prejudicial documents which should have been
removed. They were likewise unable to find your record before that promotion board was
not complete, or that you would have provided any significant additional information had you
known you would be considered by that board.
The Board substantially agreed with the advisory opinion in concluding that your promotion
should not be backdated to reflect selection by the FY 95 Staff Lieutenant Commander
Selection Board, nor should it be backdated to reflect selection by the FY 96 or 97
promotion boards.
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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YJEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
Pers 85
15 Mar O01
MEMORANDUM FOR BCNR
Via: BUPERS/BCNR Coordinator
Subj: L
Encl: (1) BCNR File
1. Enclosure (1) is returned recommending disapproval of LCDR
Hendricks’ Lieutenant Commander FY-95 backdate request.
2. tk caataeeaeceren by the FY-99 Active Duty
Lieutenant Commander Chaplain Corps Promotion Selection Board.
A review of his promotion history reflects failure of selection
to Lieutenant Commander during the FY-95, 96, 97 and 98 boards.
Our records indicate that the member’s BCNR directed corrections
were completed prior to the FY-98 board.
3. A review of the member’s master officer file and the record
of proceedings for the FY-98 Active Duty Lieutenant Commander
Chaplain Corps Promotion Selection Board, convened on 5 May 97,
indicate that ania ° listed as an above zone not
previously considered officer for the FY-98 board.
Additionally, the memorandum in lieu of the removed fitness
reports is dated 4 Apr 97 and the corrected microfiche is dated
21 Apr 97, thereby providing additional documentation that LCDR
RAS before the FY-98 board was correct and
all BCNR directed changes. Although all corrections
were nade, _Miiiaiisitiiietest failed to select.
3. As the member failed to select before the FY-98 board, a
Lieutenant Commander FY-95 backdate is not warranted. Recommend
disapproval | apap request.
R Liaison, Officer Promotions
And Enlisted Advancements Division
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