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NAVY | BCNR | CY2006 | 00879-06
Original file (00879-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 879-06
 26 Sep 06


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2006. 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 4SllE9/348, 22 May 2006, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of 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 also 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 38055-0000
          1430
         Ser 4811E9/348
         22 May 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:    COMMENTS AND RECOMMENDATIONS IN THE CASE OF ATC

Ref:     (a) BUPERSINST 1430.16E
End:     (1) BCNR file #00879-06

1.       Based on Policy and guidelines establish in reference (a), enclosure (1) is returned recommending disapproval.
2.       After all adverse information pertaining to his Non-Judicial Punishment (NJP of May 1993 were removed from his official records via BCNR process, Chief Petty Officer XXXX is requesting to backdate his advancement to paygrade E7 effective 16 September 1999 (first increment in his first E7 eligibility
 cycle) and an eventual advancement to paygrade E8 effective in 2003.
3.       There is no provision in reference (a) or even the Manual of Court-Martial o MILPERMAN to authorize meritorious advancement after any appeal process was favorably approved. Member must pursue further advancement via the Navy Enlisted Advancement Sys tern (NEAS) , including Selection Board action, established in reference (a) -
3.       This is an advisory memorandum for the use by the Board for Correction of Naval Records (BCNR) only. Point of contact is XXXX PSCS (SW/AW) XXXX  DSN 882-3238 or E-mail
         

        
Heady Enlisted Career Progression
 (Pers—481)
 By direction

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