DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 4242-05
18 Oct 05
This is in reference to your application for correction of your brother’s
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 the application on 18 October 2005. The
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
brother’s naval record and applicable statutes, regulations and policies.
In addition, the Board considered the advisory opinion furnished by NPC
memorandum 1430 Ser 48l1Al/475, 2 September 2005, 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. The Board substantially
concurred with the comments contained in the advisory opinion. Accordingly,
the 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 brother’s 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 4811A1/475
02 SEP 05
MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-3LC2)
Subj: COMMENTS AND RECOMMENDATIONS IN THE CASE OF FORMER
Ref: (a) BUPERSINST 1430.16E
End: (1) BNCR File #04242-05
1. Based on policy and guidelines established in reference (a), enclosure
(1) is returned recommending disapproval.
2. Subject named member’s sister is petitioning, on behalf of the deceased
member, for correction of Discharge Rate to Carpenter’s Mate Second Class
(CM 2/C). Official record reviews indicated member’s appointment to CM 2/C
effective 01 March 1943. However, member received a Summary Court Martial
(SCM) with a reduction in rate to Carpenter’s Mate Third Class (CM 3/C) on
12 July 1945. This SCM action was approved 19 July 1945. There is no other
documentation found that will substantiate that member was either restored
or advanced to CM 2/C prior to his discharge of 05 November 1945.
3. This is an advisory memorandum for the use by the Board for Correction
of Naval Records (BCNR) only.
By direction
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