DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No:
8 October 2002
5958-02
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 8 October 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.
opinion furnished by NPC memorandum 5420 Pers 80 of 9 September 2002, a copy of which is
attached.
In addition, the Board considered the advisory
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. 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
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-000
0
Y
5420
PERS-80
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MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF
Ref:
(a) Chief Naval Personnel Letter dtd 22
Serial
85/006
Ott 99
Encl:
(1) BCNR File 05958-02
1.
Forwarded,
recommending disapproval.
LCDR
2.
election by the FY-00 Commander Medical
Corps Promotion Selection Board was reviewed by the Office of
Navy Judge Advocate General and was declared a legal nullity per
reference (a).
to be considered by the board, your selection has no legal
basis.
your petition is not warranted.
since you were not lawfully eligible
Once again,
Therefore,
Progression Division
leer Caree
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