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NAVY | BCNR | CY2004 | 01590-04
Original file (01590-04.rtf) Auto-classification: Denied

                  LCC:lc
                  Docket No: 1590-04
         11 May 2004



         AD1


Dear PETTY OFFICER:

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 11 May 2004. 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 81 1A1, 16 April 2004, 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,



W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
         MILLINGTON TN 33055-0000        


                  1430
          Ser 811A1/
         16 Apr 04

 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 AD1 USN,

Ref:     (a) BUPERSINST 1430.16E
End:     (1) BCNR file #01590-04
1.       Based on policy and guidelines established in reference (a), enclosure (1) is returned, recommending disapproval.
2.       Due to miscalculation of award points, Petty Officer final multiple was in error when she participated in the September 2001, cycle 172 exam.
3.       Petty Officer final multiple has been recomputed using the correct award points of 10 vice 9. The recomputation results in a final multiple of 199.33, which does not exceed the final multiple, required for cycle 172 exam (200.04). No relief can be granted at this time.



By direction

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