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
NAVY | BCNR | CY2001 | 00878-01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of chief warrant officer-3 (CWO-3) he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 1999 CWO-3 Selection Board, vice the FY 2001 CWO-3 Selection Board. &rt in Section...
NAVY | BCNR | CY2003 | 01228-03
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. If Capta his date of is the date of rank he would have received upon selection from the FY02 USMC Captain Selection Board. Captain Legge requests back-dating of his date of rank.
NAVY | BCNR | CY2001 | 06189-00
In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command, dated 22 November 2000, 15 February and 11 June 2001, and the Medical Corps Officer Community Manager dated 26 April 2001, copies of which are attached.The Board also considered your counsel’s letters dated 17 April and 18 September 2001. evidence submitted was insufficient to establish the existence of probable material error or injustice. However, this evidence, by itself, did not establish...
NAVY | BCNR | CY1999 | 01926-99
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant he would have been assigned had he if confirmed in the expected time for an officer selected by the Fiscal Year (FY) 98 Lieutenant Line Selection Board. The Board, consisting of Messrs. McCulloch and Molzahn...
NAVY | BCNR | CY2002 | 09826-02
c. In correspondence attached as enclosure (2), PERS-80, the Navy Personnel Command (NPC) office having cognizance over active and reserve officer career progression matters, has recommended that Petitioner's request to remove his failure of selection by the FY 03 Naval Reserve Line Commander Selection Board be disapproved. e. In correspondence attached as enclosure (4), Pers-911, the NPC office having cognizance over Naval Reserve personnel administration, has commented to the effect...
NAVY | BCNR | CY2002 | 10603-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 10850-02
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of chief warrant officer 4 (CWO4) he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 2001 CWO4 Selection Board, vice the FY 2003 CWO4 Selection Board. After he had been...
NAVY | BCNR | CY1999 | 01309-99
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. You further contend that the asterisk, which indicates a fitness report was referred to the Marine concerned for a chance to make a statement, contributed to your failures by the Fiscal Year (FY) 1997 and 1998 Lieutenant Colonel Selection Boards. In our opinion, all three boards were able to...
NAVY | BCNR | CY2003 | 06669-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2003. Sincerely, Executive Directo Enclosures DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VlROlNlA 22134-5103 IN REPLY REFER TO: 1600 CMT 8 Sep 03 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: RESERVE AFFAIRS ADVISORY OPINION ON BCNR APPLICATION: CASE OF COLONEL USMCR 1. ...
NAVY | BCNR | CY2002 | 00529-02
That Petitioner's naval record be corrected to show that he resigned and was discharged from the Naval Reserve on 20 November 1994. b. We recommend approval of his request for resignation from the Naval Reserve, with an effective discharge date of 20 November 1994 November 1994, be expunged from his Naval records, including any failures of selection, transfers, and accumulation of years of commissioned service. Because - oneously affiliated in the Selected Reserve November 1994 not be...