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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