DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD: hd
Docket No: 0277840
13 April 2001
Dear Comman
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 in effect, that your record be corrected to show the date of rank and effective
date in the grade of lieutenant commander you would have been assigned, had you been
selected for promotion to that grade by the Fiscal Year (FY) 00 First Quarter Spot Selection
Board, which did not consider you, vice the FY 00 Second Quarter Spot Selection Board.
You alleged that your spot promotion correspondence was mailed for consideration by the
FY 00 First Quarter Spot Selection Board, convened on 5 November 1999. You provided
statements from an ensign and a chief petty officer to the effect that on 30 September 1999,
when your detailer at the Navy Personnel Command (NPC) was visiting Naval Station
Bremerton, Washington to make a presentation you were unable to attend, the ensign, as
witnessed by the chief petty officer, delivered the correspondence to the detailer and
informed him of its content. You further alleged that the detailer later assured you, in a
telephone conversation, that the correspondence would be delivered before the selection
board. You stated that in February 2000, a lieutenant at NPC notified you that it had not
reached the selection board in time. Finally, you alleged that had the detailer not assured
you that the correspondence would be delivered to the selection board in time, you would
have taken “extra steps” to ensure it was mailed off your ship in time.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 April 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 NPC dated 22 May 2000 and memoranda for
the record dated 13 February and 11 April 200 1, copies of which are 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. While the Board was satisfied that it would have been legally permissible to grant
your request, they found that an item as important as your spot promotion correspondence
should have been sent to NPC by certified mail, return receipt requested. 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. 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
DEPARTMENTOPTHENAV
OF NAVAL PERSO
5720 INTEGRITY DRIVE
BUREAU
Y
NN E L
MILLINGTON TN
38055-0000
5420
PERS 85
22 May 00
BUPERS/BCNR Coordinator
MEMORANDUM FOR BCNR
Via:
Subj:
Ref:
Encl:
(a) SECNAVINST
(1) BCNR File
,USN,
r:
1421.3H
e (1) is returned,
request.
recommending disapproval of
In accordance with reference (a) retroactive appointments
2.
and back pay are not au
spot promotions.
BCNR Liaison, Officer Promotions and
Enlisted Advancements Division
13 February 2001
MEMO FOR THE RECORD
Subj:
I talked with Command
1.
SIMA NRMF Ingleside T X.,
this situation w
having Lieutenan
himself to have gotten a spot promotion package and not turn it in
when he returned to the Bureau.
2.
one brief case and that if he had the package, he would have turn
it in.
U. S. Navy, Officer-In-Charge,
ed to me that he had discuss
hat he just cannot remember
That it would not be like
He further indicated that all of his documentation were in
_-_,
,
.r
MEMO FOR RECORD
11 April 2001
On this date
PERS-
Y
ad been SPOT promoted
00 Board (the first SPO
Second Quarter SPOT Selection
T
board to consider him) with a date of rank and effective date of 27 Jun 00, the date of Senate
confirmation of the selectees; and that had he been promoted pursuant to selection by the
FY 00
received a date of rank and effective date of 29 Feb 00, the date of Senate confirmation of
that board ’s selectees.
F&t Quarter SPOT Selection Board (convened on
99), he would have
.5 Nov
$7 &Y W b V d : ~
JONATHAN S.
RUSKIN
Head, Performance Section
c
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