Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 01349-06
Original file (01349-06.rtf) Auto-classification: Denied
DEPARTMENT OFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                 2 NAVY ANNEX
                  WASHINGTON DC 20370-5100

LCC
 Docket No. 1349-06
11 Jan 07



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 9 January 2007. 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 opinions furnished by NPC memorandum 1920, Ser 4834/031, 21 Jun 06 and NPC letter, 5420 POOJ6/1l3, 19 October 2006, a copy of each is attached. A copy of each advisory was furnished to you prior to the case being presented to the Board.
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,

ROBERT DLIZSALMAN
 Acting Executive Director
 Enclosures





                                                                                          1920
 Ser 4834/031
21Jun06
 MEMORANDU M
From:    Navy Personnel Command, PERS-4834E
 To:      Executive Director, Board for Corrections of Naval Records
 Via: Assistant for BCNR Matters, PERS-OOZCE
Subj:    REQUEST FOR CO~ENTS AND RECO~ENDATION IN THE CASE OF
         
        
         Ref:     (a)      PERS OOZCB Memo 5420 Pers-31C of 20 Mar 06
                  (b)      BUPERSINST 1 430.16E
1. In response to reference (a) and additional information requested by~. the following information is provided:
a.       July was frocked to E7 Sep 00 and promoted on
16 Aug 01. Per reference (b) Members who do not meet minimum time in rate (3 years) and time in service (16 years) at the time they receive their temporary commission will be advanced on 1 July of the year in which time in rate and time in service are met.
•        met both requirements Aug 04. His advancement to E8 would not have taken effect until 01 Jul 04. NAVPERS 1070/613 incorrectly has 01 Jul 03 and thus is invalid.
b.       appointment to E8 was not effected by his
 •        temporary appointment as an officer. His advancement was effected by his misconduct and administrative removal of his temporary commission. enlistment contract expired Jun 03. He was authorized a conditional reenlistment on 1 Aug 05 in pay-grade E7 to allow for him to reach retirement eligibility i n Dec 06.
2.       I may be reached at Comm. (901)874-2090 or DSN 882-2090


Assistant, Officer Performance and Separations Section










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


         5420
                            POOJ6/ 113
          19 Oct 2006
From:    Office of Legal Counsel (Pers-OOJ1)
To:      Executive Director, Board for Correction for Naval Records
Via:     Assistant for BCNR Matters, Pers-31C
Subj:    REQUEST FOR COMMENTS AND
Ref:     (a) Co, USS KEARSARGE (LHD 3) ltr 1611 Ser OlL/005 of 7 Jan 04 w/end
 (b)      Board of Inquiry Findings dated 19 May 05
(c)      BUPERSINST 1430.16E
End:     (1) BCNR File with memo dtd 23 Aug 06
1.       This responds to your request (enclosure (1)) for comments and recommendation on subject Board for Correction of Naval Records (BCNR) petition. I have reviewed enclosure (1) and recommend no relief based on matters addressed below.
2.       was advanced 16 Aug 01 as a CPO Selectee from the FY- 01 E-7 Active Selection Board. . was frocked to E—7 in Sep 2000.
3.       Reference (a) reported then NJP of 19 Dec 03 for fraternizing with a female second class petty officer, not his wife.
4.       As set forth in reference a Board of Inquiry, by a 3-
 0 vote, recommended then be retained in the Naval service. , the Board further recommended revocation of then temporary commission and his subsequent reenlistment for the minimum time required for him to attain retirement at his highest held enlisted paygrade (E-7).
5.       According to reference (C), Members whose permanent. enlisted rate is E-7 or E-8 on the date of appointment to temporary officer status may be advanced to E-8 or E-9, respectively, concurrent with the temporary officer requirement, provided they meet the following requirements:



(1)      3 years TIR in present enlisted rate when computed to 1 September of the year appointed, and (2) appropriate TAFMS requirements (16 years for E-8 and 19 years for E-9) prior to 1 October of the year appointed. Members who do not meet minimum TIR and TAFMS requirements in the year appointed to

         Subj:    REQUEST FOR COMMEN T AND RECOMMENDATION CASE OF

temporary officer status will be advanced on 1 July of the year in which TIR and TAFMS requirements are met. The TIR date is 1 July of the year in which the advancement to paygrade E-8/E-9 is effected, whether that date is before or after the effective date of appointment. All service in a dual officer/enlisted status is creditable for TIR in the member’s permanent enlisted rate. Members advanced under these procedures must be serving, in temporary officer status on the date enlisted advancement is effected.
6. Accordingly, met both requirements in Aug 04, and his advancement to E—8 would have been effective 1 Jul 04. NAVPERS 1070/613 incorrectly has 1 July 03 as ~ E 8 advancement date, and is therefore invalid.
7.       In conclusion, recommend no relief be granted based on circumstances as set forth above.
8.       Please call me at DSN 882-3162 or (901) 874—3162 if you have any questions.





LT, JAGC, USNR
 Assistant Legal Counsel









Attorney-Client Communication and/or Work Product
2

Similar Decisions

  • NAVY | BCNR | CY2005 | 07961-05

    Original file (07961-05.rtf) Auto-classification: Denied

    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 furnishedby the Navy Personnel Command dated 1 November 2005 as supplemented by the memorandum of 14 February 2006, copies of which are attached.After careful and conscientious consideration of the entire record, the Board found that the...

  • NAVY | BCNR | CY2006 | 06277-07

    Original file (06277-07.rtf) Auto-classification: Denied

    6277-07 17 Dec 07This is in reference to your client’sapplication for correction of 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 client’s application on 17 December 2007. In addition, the Board considered the advisory Opinion furnished by NPC memo 1920 SER 834/026 of 28 Aug 07, a copy of which is attached.After careful and conscientious consideration of the entire...

  • NAVY | BCNR | CY2006 | 03177-06

    Original file (03177-06.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by NPC memorandums 1430 Ser 48llE9/375, 13 June 2006 and 11 December 2006, a copy of each 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. Based on policy and guidelines established in reference (a), enclosure (1) is returned with the following...

  • NAVY | BCNR | CY2008 | 01489-08

    Original file (01489-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 2008. 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. In accordance with reference (b) the commanding officer shall submit a Final Civil Action Report to Navy Personnel Command (PERS 834).

  • NAVY | BCNR | CY2006 | 00879-06

    Original file (00879-06.rtf) Auto-classification: Denied

    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. 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.

  • NAVY | BCNR | CY2008 | 02121-08

    Original file (02121-08.pdf) Auto-classification: Denied

    The Board considered an advisory opinion furnished by NPC memo 1430 Ser 811/304 of 8 Apr 08. The petitioner is requesting retroactive advancement to E6 and E7 and advancement to E8 based on awards not recorded on DD Form 214. This is an advisory memorandum to reference (a) for the use by the Board for correction of Naval Records (BCNR) only.

  • NAVY | BCNR | CY2009 | 06030-09

    Original file (06030-09.pdf) Auto-classification: Approved

    06030-09 n. On 30 May 2008, two days after failing the BCA portion of the PFA, Petitioner received another medical waiver. On 5 June 2009, Petitioner filed enclosure 1 with this Board requesting that the applicable naval record be corrected to show advancement to E-6/AT1 from the March 2008, Navy-wide advancement exam, Cycle 199. w. By enclosure 3, Petitioner's command has commented that no relief is warranted for the following reasons: Petitioner was not within BCA standards and did not...

  • NAVY | BCNR | CY2006 | 05704-06

    Original file (05704-06.rtf) Auto-classification: Denied

    You requested, in effect, that your naval record be corrected to show you did not decline promotion to lieutenant commander with a date of rank and effective date of 1 July 2005, but accepted it, and that your retirement on 1 October 2005 was in the grade of lieutenant commander.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on l4December2006. Officers who have accepted appointment to the next higher grade must...

  • NAVY | BCNR | CY2006 | 02301-06

    Original file (02301-06.rtf) Auto-classification: Denied

    2301-06 12 Apr 07This 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 10 April 2007. 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,...

  • NAVY | BCNR | CY2008 | 04028-08

    Original file (04028-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 2008. 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. Consequently, applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...