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NAVY | BCNR | CY2004 | 04773-04
Original file (04773-04.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
                  2NAVYANNEX
          WASHINGTON DC 20370-5100        

                  LCC
                  Docket No. 4773-04
                  3 August 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 3 August 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 481 1A1/305, 8 July 2004.
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 ha,. 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

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055-0000
                                                       1430
 Ser 481lA1/3Q~5 8 Jul 04


 MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Via:     Assistant for BCNR Matters (PERS-OOXCB)
Subj: COMMENTS AND R EC OMMENDA TIONS IN THE CASE OF

Ref:     (a) BUPERSINST 1430.16E
End:     (1) BCNR file #04773-04
1.       Based on policy and guidelines established in reference (a), enclosure (1) is returned recommending disapproval.
2. Petty Officer         is requesting his advancement from the March 2004, cycle 184 exam be backdated to the September 2003, cycle 180 exam.
3. A review of Petty Officer     s records indicates subject member was in training for conversion to the Personnel man rating from 3 August 2003 to 30 September 2003. The September 2003 Petty Officer First Class exam was held on 4 September 2003 and per paragraph 214.b of reference (a), subject member is prohibited f om taking any advancement exam. Unfortunately, a favorable endorsement cannot be granted regarding this petition.


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