DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD: hd
Docket No: 02309-00
15 February 2001
Dear Chief Warrant
Off
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 15 February 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
12 May 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. Since the Board found insufficient basis to remove your failures by
the Fiscal Year 99 and 00 Naval Reserve Chief Warrant Officer (W-4) Selection Boards,
In view of the above,
they had no grounds to set aside your transfer to the Retired Reserve.
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 NAV
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
Y
5420
PERS-86
12 May 00
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj: RE
cw
ION IN THE CASE OF
USNR
Encl:
(1) BCNR File 02309-00 w/Service Record
We are returning enclosure (1) with the following
1.
observations and recommendation that Chief Warrant Officer
petition be denied.
Chief Warrant Officer
2.
failures of select on the basis that the boards committed errors
by considering him as an above zone candidate.
equests removal of two
Chief Warrant
Officer
FY-99 and FY-0
He was considered as a below zone candidate by the
s properly considered by
erve Chief Warrant Officer,
He was not selected by any of
3.
the FY-98,
(W-4) Promotion Selection Boards.
the boards.
FY-98 board, an in-zone candidate by the FY-99 board, and an
above zone candidate by the FY-00 board.
to his status,
proper1
Officer
FY-00 boards.
mmunicated in writing with the FY-99 and
and after the below zone consideration he was
as an in-zone candidate.
There was no error as
Chief Warrant
Specific reasons for the failures of select are not
4.
available because selection board proceedings are sensitive in
nature and records of deliberations are not kept.
boards were not misinformed regarding Chief Warrant Officer
The selection
rcised his right to communicate all issues of
atus.
at all chief warrant officers receive below-zone
All chief warrant officer selection boards
are aware
consideration and therefore Chief Warrant Officer
situation was not unique but rather equivalent to
and above-zone
officers being considered.
Chief Warrant Officer
p?,
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF
cwo3
USNR,
concern to the selection board.
Warrant Officer
enough when viewed within the numerical constraints placed on
the boards.
record simply was not competitive
It is our opinion that Chief
Chief Warrant
5.
his record and years of contributions;
his petition does not detract from his honorable service to this
nation and the United States Navy.
be justifiably proud of
this negative
Officer
respQnse to
Reserve Officer
Director,
Appointments, and
Promotions,
Enlisted Advancement Division
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