DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON DC 20370-5100
LCC:ecb
Docket No: 4075-03
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 1430 Ser 8 1 1 A 11346 dated 17 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. 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
1430
Ser 811A1/ 33b
17 Jul 03
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS-OOXCB)
Subj: COMMENTS AND RECOMMENDATIONS IN THE CASE OF
Ref:
(a) BUPERSINST 1430.163
Encl :
(1) BCNR file #04075-03
1. Based on policy and guidelines established in reference (a),
enclosure (1) is returned recommending disapproval.
he was selected for Petty Officer Third
2. -stated
Class while on active duty. However, he separated from active
duty on 20 November 1997 prior to his pay date of 16 December
1997, which resulted in his separation from active duty in
paygrade E-3. Authority to effect such advancement expired on 31
December 1997. No relief can be recommended regarding this
petition.
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