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NAVY | BCNR | CY2005 | 06888-05
Original file (06888-05.doc) Auto-classification: Denied



                 DEPARTMENT OF THE NAVY
            BOARD FOR CORRECTION OF NAVAL RECORDS
                                  2 NAVY ANNEX


                            WASHINGTON DC 20370-5100



      LCC
      Docket No. 6888-05
      18 Oct 05








         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 18
         October 2005. 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 48l1A1/487, 21
         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, 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,




         Enclosure






                           DEPARTMENT OF THE NAVY
                           NAVY PERSONNEL COMMAND
                            5720 INTEGRITY DRIVE
                                  MILLINGTON TN 38055-0000



                                                   1430
                                                   Ser 4811A1/487
                                                   21 SEP 05

      MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-3LC2)

     Subj:  COMT~4ENTS AND RECONI4ENDATIONS IN THE CASE OF


     Ref:   (a) BUPERSINST 1430.16E

     End:   (1) BCNR file #06888-05

     1.     Based on policy and guidelines established in reference (a),
     enclosure (1) is returned recommending disapproval.

     2. Chief     is requesting a backdated E-7 advancement based on missing
     one advancement exam cycle for command’s failure to administer a
     regular or substitute exam. Member contends that he was eligible for a
     Time-in-Rate (TIR) waiver for receiving an “Early Promote” on his
     periodic evaluation report for period ending 15 November 2003.

     3.     Per paragraph 216.g of reference (a), member was indeed eligible
     for a 1-year TIR waiver as an “Early Promote” Sailor for one exam
     cycle. However, it further states that this waiver is granted at the
     discretion of the CO/OIC and should NOT be considered automatic for
     every Sailor who could qualify. The applicant needs to demonstrate that
     the command failed to order and administer the exam (regular and/or
     substitute) despite establishment of CO (USS LEYTE GULF) approval for
     waiver request (evaluation report itself is not the command approval)

     4.     This is an advisory memorandum for the use by the Board for
     Correction of Naval Records (BCNR) only.




                                By direction

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