DEPARTMENTOFTHE NAVY
BOARD F O R C O R R E C T I O N OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
LCC:ecb
Docket No: 6557-02
5 August 2003
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 5 August 2003. 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 memorandum 5420 PERS-812 dated 3 February 2003, 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. 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,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-812
3 Feb 03
MEMORANDUM FOR THE
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS-OOZCB)
Ref: (a) Assistant for BCNR Matters 5420 (PERS-OOZCB) Memo of
2 Dec 02
(b) Advancement Manual (BUPERSINST 1430.16D) of 10 Jul 1991
Encl: (1) BCNR ~ i l e
1. Per reference (a), the following comments and recommendations
are submitted concerning-s
case.
2. -participated
Advancement Examination for MS2. His final multiple score (FMS)
from the examination cycle was 180.50. The FMS required for
advancement to MS2 for that cycle was 181.58.
in the March 1994 (Cycle 143) Navywide
3.-was
credited with 4 award points for Cycle 143. The
Advancement in Rate Worksheet (1430/2) that was provided with the
BCNR states that he was given 2 points for a Navy Good Conduct
Medal and 2 points for a Navy Letter of Commendation.
states that he received a SECNAV LOC for that time per=-
reference (b), LOCrs must be addressed personally to the
individual from the President, SECDEF, Secretary of any U.S.
military servj-e, or military heads of any U.S. military service.
Reference (b) also states that awards must be received or earned
(ending date is prior to test date) before the regular scheduled
date of the examination.
i
4. From the information that was provided to PERS-812, it appears
from the 1430/2 Worksheet and the Advancement Summary from Cycle
143, that-was
Without having a copy of all the awards he was credited with for
that cycle, we are unable to determine for certain that he is
missing 2 award points or that the award falls under reference (b)
guidelines.
given credit for the LOC in question.
5. In view of the above, we recommend-
petition
be returned with no action taken. More documentation is required
f ~ v & i ~ ? '
d ~ + ~ ~ n i n a t < n n .
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