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NAVY | BCNR | CY2004 | 01861-04
Original file (01861-04.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
          WASHINGTON DC 20370-5100        

         LCC:lc
                                                      Docket No: 1861-04
                                                                                                   11 May 2004





This is in reference to your application for correction of your nay 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 Record s, 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 481lAl, 19 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 pro able material error or injustice. In this connection, the Board substantially concurred wit 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 favor able 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. I 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 35055-0000        



                  1430
          Ser 4811A1/
         19 Apr 04


 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR C RRECTION OF NAVAL

Via:     Assistant for BCNR Matters (PERS-OOXCB)
Subj:    COMMENTS AND RECOIMTh4ENDATIONS IN THE

Ref:     (a) BUPERSINST l430.16E
End:     (1) BCNR file #01861-04
1.       Based on policy and guidelines established in reference (a), enclosure (1) is returned recommending disapproval.
2. Mr. stated he was selected for Petty Officer First Class while on active duty however, he separate from active duty on 21 February 1983, prior to his pay date of 16 June 1983, which resulted in his separation from active duty in paygrade E-5. No relief can be recommended regarding this petit


By direction

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