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NAVY | BCNR | CY2004 | 02084-04
Original file (02084-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2NAVYANNEX
                                             WASHINGTON DC 20370-5100
                                                                                          LCC:lc
                                                                                          Docket No: 2084-04
                                                                                          11 May 2004




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 4811 Al, 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 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 4811A1/
                  19 Apr 04

          MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
                                             RECORDS (BCNR)
Via:     Assistant f or BCNR Matters (PERS OOXCB)
Subj:    CONMMENTS AND RECOMMENDATIONS IN THE CASE OF
Ref:     (a) BUPERSINST 1430.16E
(b) OPNAVINST 6110.1G End: (1) BCNR file #02084-04
1.       Based on policy and guidelines established in references (a) and (b), enclosure (1) is returned recommending disapproval.
2.       As outlined in reference (b), Commanding Officers have the discretion to frock/advance enlisted personnel in a selectee status under their command. Petty Officer advancement to N142 was properly withheld at the discretion of her commanding officer for failure to meet PFA standards in accordance with reference (b). No relief can be recommended regarding this petition.


By direction

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