DEPARTMENT OF THE NAVY
BOARD FOR 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 2 0 3 7 0 - 5 1 0 0
LCC:ecb
Docket No: 3865-03
29 July 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 29 July 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 7220 PERS-823 of 2 July 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. Acco~ilingly, 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,
h
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 30055-0000
7220
PERS-823
02 July 03
MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-OOZCB)
Subj : FORMER
REVIEW
Ref:
(a) BCNR MEMORANDUM 5420 PERS-OOZCB of 16 June 03
request was reviewed. It has
d not satisfactorily hold the
ng reduced in grade to E6 by the
1. Per reference (a),
been determined that
higher grade of BMC du
convening of a Special Court Martial, for the commission of
serious offense's. Public Law 100-180, enacted December 4, 1987
(now codified in Title 10, U.S. Code, Section 6334), provides
for advancement on the retired list to the highest grade in
which a member served on active duty satisfactorily as
determined by the Secretary of the Navy. It has been determined
that--is
ineligible for advancement to a higher grade.
POC
874-
in this matter
3250.
he may be reached at
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