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NAVY | BCNR | CY2002 | 09593-02
Original file (09593-02.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  N A V Y  

B O A R D   F O R   C O R R E C T I O N  O F  NAVAL  R E C O R D S  

2  N A V Y   ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

HD: hd 
Docket No:  09593-02 
12 May  2003 

Dear Chief pen- 

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 May  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  the Navy  Personnel Command dated 26 March 2003, a copy of  which is 
attached.  The Board  also considered your  letter dated  29 April 2003 with  enclosures. 

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  view of  your nonjudicial punishment of  17 March  1997 and your not having 
been  selected by  the special selection board  for the Fiscal Year  (FY) 02 Chief Petty Officer 
Selection Board,  the Board  was unable to  find that you  would  have been  selected, had  you 
been  considered by  any of  the selection boards for FY 98 through 01.  In  view of  the above, 
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 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL 

RECORDS  (BCNR) 

1430 
Ser 811A1/ i$\ 
26 Mar 03 

Subj:  COMMENTS AND RECn-TNDATIONS  IN THE CASE OF - -(7*U 

Via:  Assistant for BCNR Matters  (PERS-OOXCB) 

(a) BUPERSINST 1430.163 

Ref: 

Encl:  (1) BCNR file #09593-02 

1.  Based on policy and guidelines established in reference 
(a), enclosure (1) is returned recommending disapproval. 

as requested his advancement 
2.  Chief Petty Office 
to Chief Petty Officer be backdated to 16 September 1997, due to 
a delay in correcting an error of his time in rate from a 
previous submitted BCNR request. 

record was reviewed by a 

3.  Chief Petty officer- 
Special Selection Board for FY-02 in which he was a non select 
for Chief Petty Officer, then he was selected for Chief Petty 
Officer during the regular FY-03 C 
Board.  Due to Chief Petty Officer 
Special Selection Board and being a non-select for advancement, 
there is no authority to warrant backdating his advancement to 
Chief Petty Officer.  Unfortunately, an approval recommendation 
cannot be rendered regarding this petition. 

fficer Selection 
eing given a 

By direction 



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