DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 1504-02
10 September 2002
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 10 September 2002.
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 NPC memorandum 5420 Pers 82B of 12 August 2002, a copy of which is
attached.
Your allegations of error and injustice were
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.
when applying for a correction of an official naval record, the burden is on the
demonstrate the existence of probable material error or injustice.
Consequently,
applicant to
Sincerely,
W. DEAN
Executive Director
PFEIFFER
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-000
0
Y
5420
PERS-82B
12 August 2002
MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-OOZCB)
Subj:
FORMER
REVIEW
Ref:
(a) BCNR MEMORANDUM 5420 PERS-OOZCB of 25 Jul 02
Encl:
(1)
ltr of Determination of Highest Grade Held dtd
29 Aug 2000
(2) Determination of Highest Grade Held ICO SH3
Enclosures (1) is the re
Per reference (a), a review of
1.
were made.
request to be advance on the retir
held.
request.
Enclosure (2) is the' routing package of
Naval records
As indicated in the response to
2.
ineligible to be promoted to
from a General Court Martial to the
disapprove the members request to be promoted to
no indication that a pretrial agreement "promised" him that he
would reinstated to
not made prior to transfer to the fleet reserve and is
SHl and in any event, that determination is
paygrade of E-4.
he was
on in rate
SK1 due
Recommend
There is
SHl.
solely on the reason for reduction in rate.
case it was due to General Courts Martial.
In*
I may be reached at (901) 874-3245 for any further
3.
inquiries into this matter.
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